I

107TH CONGRESS

1ST SESSION H. R. 1647

To provide for electricity emergencies.

IN THE HOUSE OF REPRESENTATIVES

MAY 1, 2001

Mr. BARTON of Texas introduced the following bill; which was referred to the

Committee on Energy and Commerce, and in addition to the Committee

on Resources, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for electricity emergencies.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Electricity Emergency Relief Act’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

TITLE I—GENERAL MEASURES FOR ELECTRIC ENERGY

Sec. 101. Demand management agreements clearinghouse.

Sec. 102. Price mitigation in western market through demand management incentives.

Sec. 103. Transmission constraints study.
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Sec. 104. Path 15 transmission expansion.

Sec. 105. Tribal energy office.

Sec. 106. Federal transmission corridors.

Sec. 107. Guarantee of payment required for certain emergency power sales.

Sec. 108. Sale of transmission assets to State of California.

TITLE II—FEDERAL ASSISTANCE AVAILABLE IN ELECTRIC

EMERGENCIES

Sec. 201. Emergency conservation awareness.

Sec. 202. Preparation for electricity blackouts.

Sec. 203. Conservation at Federal facilities.

Sec. 204. Daylight savings time.

Sec. 205. PURPA contracts.

TITLE III—FEDERAL ASSISTANCE AVAILABLE UPON A

GOVERNOR’S REQUEST

Sec. 301. Hydroelectric power license conditions.

Sec. 302. Federal hydropower generation.

Sec. 303. Nox preconstruction requirements for new generation.

Sec. 304. Federal generation during State emergencies.

Sec. 305. Emergency generation.

Sec. 306. Regional transmission organization in western region.

1 SEC. 2. DEFINITIONS.

2 The terms used in this Act have the same meanings

3 as when used in the Federal Power Act (16 U.S.C. 791a

4 and following), except as otherwise provided in this Act.

5 TITLE I—GENERAL MEASURES

6 FOR ELECTRIC ENERGY

7 SEC. 101. DEMAND MANAGEMENT AGREEMENTS CLEARING8 HOUSE.

9 (a) IN GENERAL.—Not later than 30 days after the

10 enactment of this Act, the Federal Energy Regulatory

11 Commission shall establish a clearinghouse system to fa12 cilitate agreements between wholesale sellers of electric en13 ergy and wholesale purchasers who are willing to forego,

14 for a specified period of time, the purchase of electric en-
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1 ergy that they are entitled to purchase from the sellers

2 pursuant to contractual agreements. The specified period

3 of time concerned may include specified times of day or

4 specified times of year.

5 (b) COMPENSATION DEEMED JUST AND REASON6 ABLE.—The clearinghouse system established under this

7 section shall provide for the sale at wholesale to other pur8 chasers of the electric energy referred to in subsection (a).

9 The Commission shall, by rule or order, provide that any

10 reduced rate offered to a buyer as whole or partial com11 pensation for that buyer’s willingness to forego purchases

12 shall be treated as just and reasonable for purposes of part

13 II of the Federal Power Act.

14 (c) COMPENSATION FOR FOREGONE PURCHASES.—

15 Compensation for a wholesale purchaser agreeing to fore16 go a purchase as provided in this section, including finan17 cial and non-financial compensation, rebates or other

18 types of compensation that meet such requirements as the

19 Commission shall establish, shall not be deemed unlawful

20 (as a rebate or preference or otherwise) under section

21 205(b) of the Federal Power Act (16 U.S.C. 824d(b)).

22 (d) DATE OF TERMINATION AND REPORT.—

23 (1) DATE OF TERMINATION; EFFECT ON EXIST24 ING AGREEMENTS.—The authority of this section

25 shall terminate on October 1, 2003. Such termi-
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1 nation shall not affect any agreement entered into

2 pursuant to this section prior to the date of termi3 nation.

4 (2) REPORT.—The Commission shall report to

5 Congress by January 1, 2003, on the effect of this

6 section on the availability of electricity and shall rec7 ommend whether the authority of this section should

8 be extended beyond the date of termination.

9 SEC. 102. PRICE MITIGATION IN WESTERN MARKET

10 THROUGH DEMAND MANAGEMENT INCEN11 TIVES.

12 (a) REDUCED CONSUMPTION INCENTIVES.—Not

13 later than 30 days after the date of enactment of this Act,

14 the Commission shall implement a program that author15 izes any electric consumer of any electric utility within the

16 Western Systems Coordinating Council to sell at market

17 prices an amount of electric load the electric consumer is

18 willing to forego equal to a portion of either of the fol19 lowing:

20 (1) The total amount of electric load which

21 such consumer is entitled to consume under contract

22 or applicable regulation.

23 (2) Where the amount the consumer is entitled

24 to consume is not specifically limited by contract or

25 regulation, the total amount of electric load the con-
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1 sumer would otherwise reasonably be expected to

2 consume, as determined by the Commission.

3 Such foregone load may be sold for a period not to exceed

4 the term of the electric consumer’s entitlement to the con5 sumption and may be sold to either (A) the electric utility

6 serving the electric consumer, or (B) any other electric

7 utility or Federal Power Marketing Agency as defined in

8 section 3(19) of the Federal Power Act. For any sales re9 ferred to in subparagraph (B), the electric utility shall

10 make available to the purchaser of the foregone electric

11 load an amount of electric energy equal to the foregone

12 load. For any sale of foregone load under this section, the

13 electric utility of the consumer shall receive the full

14 amount of the contract price or rate under applicable reg15 ulation to which such electric utility would otherwise be

16 entitled for the foregone load. The program authorized by

17 this subsection shall remain in effect until October 2003.

18 Any agreement entered into pursuant to this section be19 fore such date shall remain valid thereafter.

20 (b) EFFECT ON OTHER STATE AND FEDERAL

21 LAWS.—No agreement to sell, or sale, of foregone electric

22 load under this section shall be treated as a sale or resale

23 of electric energy for purposes of the Federal Power Act

24 (16 U.S.C 792 and following) or the the Public Utility

25 Regulatory Policies Act of 1978 (16 U.S.C. 2602). No
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1 person shall be treated as an electric utility company for

2 purposes of the Public Utility Holding Company Act (15

3 U.S.C. 79a and following) solely by reason of any such

4 agreement or sale. Nothing in this section shall be con5 strued to permit a retail consumer of electricity to choose

6 its supplier of electricity.

7 (c) DEFINITION.—As used in this section, the terms

8 ‘‘electric consumer’’ and ‘‘electric utility’’ shall have the

9 meanings provided by section 3 of the Public Utility Regu10 latory Policies Act of 1978 (16 U.S.C. 2602).

11 SEC. 103. TRANSMISSION CONSTRAINTS STUDY.

12 The Secretary of Energy and the Federal Energy

13 Regulatory Commission shall undertake a joint study of

14 electric power transmission congestion and develop a plan

15 to relieve constraints that reduce the efficiency of the

16 transmission of electric power within the various regions

17 of the country and with Canadian and Mexican electric

18 transmission systems. The Secretary and the Commission

19 shall submit a report to Congress within 6 months after

20 the enactment of this Act, containing the findings and rec21 ommendations of the joint study.

22 SEC. 104. PATH 15 TRANSMISSION EXPANSION.

23 (a) IN GENERAL.—The Administrator of the Western

24 Area Power Administration System (hereinafter in this

25 section referred to as ‘‘WAPA’’) is authorized to expand
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1 WAPA’s transmission system to remove the PATH 15

2 constraint. All costs of such expansion shall be recovered

3 on behalf of the United States by WAPA from trans4 mission fees imposed by WAPA on transmission of electric

5 energy or from the sale of ownership interests in such

6 transmission facilities. WAPA shall offer to all electric

7 utilities on a not unduly discriminatory or preferential

8 basis the expanded electric power transmission capacity

9 made available as provided in this section.

10 (b) AUTHORIZATION.—There is authorized to be ap11 propriated not more than $220,000,000 to carry out this

12 subsection.

13 SEC. 105. TRIBAL ENERGY OFFICE.

14 (a) ESTABLISHMENT.— There shall be within the De15 partment of Energy an Office of Tribal Energy to be head16 ed by a Director, who shall be appointed by the Secretary.

17 (b) DUTIES AND RESPONSIBILITIES.—It shall be the

18 duty and responsibility of the Director to—

19 (1) promote tribal energy efficiency;

20 (2) advise the Secretary with respect to the de21 velopment of energy resources on tribal land, includ22 ing renewable energy, electricity power plants and

23 transmission lines, oil and gas, hydropower, and

24 coal;
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1 (3) assist Indian tribes that support develop2 ment of energy resources on tribal land, providing

3 energy information and technical assistance to such

4 tribes; and

5 (4) coordinate with the Department of the Inte6 rior and Bureau of Indian Affairs on development

7 on energy resources on tribal lands.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated such sums as may be

10 necessary to carry out this section.

11 (b) TABLE OF CONTENTS.—The table of contents for

12 such Act is amended by adding the following new item

13 at the end of the items relating to title II:

‘‘Sec. 213. Office of Tribal Energy.’’.

14 SEC. 106. FEDERAL TRANSMISSION CORRIDORS.

15 The Secretary of Energy, in consultation with Fed16 eral land managing agencies, is authorized and directed

17 to establish electric power transmission corridors across

18 Federal lands, after conducting a study of the need for

19 transmission expansion and determining that siting of

20 transmission facilities on Federal land is necessary or ap21 propriate to promote transmission of electric energy in

22 interstate commerce. The Department of Energy shall be

23 the lead agency for conducting environmental review of the

24 establishment of such corridors for purposes of the Na25 tional Environmental Policy Act of 1969. The Secretary
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1 of Energy is authorized to be a party to any proceeding

2 regarding electric power transmission siting on Federal

3 lands. For purposes of this section, the term ‘‘Federal

4 land managing agencies’’ means the Bureau of Land Man5 agement, the United States Forest Service, the United

6 States Fish and Wildlife Service, the National Park Serv7 ice, and the Department of Defense.

8 SEC. 107. GUARANTEE OF PAYMENT REQUIRED FOR CER9 TAIN EMERGENCY POWER SALES.

10 Notwithstanding any other provision of law, neither

11 the Secretary of Energy, the Commission, any other offi12 cer or agency in the Executive branch, nor any court may

13 issue an order that requires a seller of electric energy or

14 natural gas to sell, on or after the date of enactment of

15 this Act, electric energy or natural gas to a purchaser un16 less there is a guarantee that is sufficient, as determined

17 by the Commission, to ensure that the seller will be paid

18 the full purchase price when due.

19 SEC. 108. SALE OF TRANSMISSION ASSETS TO STATE OF

20 CALIFORNIA.

21 Notwithstanding section 201(f) of the Federal Power

22 Act (16 U.S.C. 824b(f)), if the State of California, or any

23 entity established by the State, owns or operates trans24 mission facilities acquired from any public utility subject

25 to the jurisdiction of the Commission, the State, or such
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1 entity, shall be subject to the jurisdiction of the Commis2 sion under part II of such Act with respect to such facili3 ties to the same extent and in the same manner as would

4 be the public utility from which such transmission facili5 ties were acquired.

6 TITLE II—FEDERAL ASSISTANCE

7 AVAILABLE IN ELECTRIC

8 EMERGENCIES

9 SEC. 201. EMERGENCY CONSERVATION AWARENESS.

10 The Secretary of Energy, in consultation and coordi11 nation with affected States, is authorized and directed to

12 conduct an emergency awareness campaign to promote

13 conservation in geographic areas where demand for elec14 tric energy is expected to exceed available supplies. Such

15 campaign shall use broadcast, print, and other media as

16 appropriate to raise public awareness of the likelihood and

17 consequences of electric energy shortages and to promote

18 specific actions to reduce consumption of electric energy

19 for non-essential purposes during periods of peak demand.

20 SEC. 202. PREPARATION FOR ELECTRICITY BLACKOUTS.

21 The Secretary of Energy, in consultation and coordi22 nation with the Director of the Federal Emergency Man23 agement Agency, is authorized and directed to make prep24 arations to handle emergency situations caused by wide-
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1 spread electric energy blackouts. Such preparations shall

2 include each of the following specific actions:

3 (1) Establishing an office in States in which

4 electric energy blackouts are expected to occur.

5 (2) Conducting an educational campaign pre6 paring the public for electric energy blackouts.

7 (3) Preparing an emergency plan ready to pro8 vide immediate assistance during blackouts, includ9 ing coordination with police, fire and safety agencies

10 to address emergency situations resulting from elec11 tric energy blackouts.

12 SEC. 203. CONSERVATION AT FEDERAL FACILITIES.

13 (a) REQUIREMENT.—If an electricity emergency is in

14 effect in a State pursuant to a declaration by the Governor

15 of the State, each Federal agency shall apply electricity

16 conservation measures to its Federal buildings in use in

17 a State so that the electricity consumption per gross

18 square foot of its Federal buildings in use in the State

19 during any period for the duration of the electricity emer20 gency is at least 10 percent less than the electricity con21 sumption per gross square foot of its Federal buildings

22 in use in the State during the comparable period of the

23 last year during which that comparable period did not

24 occur during an electricity emergency.
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1 (b) EXPIRATION.—This section shall not apply after

2 October 1, 2003.

3 SEC. 204. DAYLIGHT SAVINGS TIME.

4 (a) AUTHORITY.—

5 (1) IN GENERAL.—Notwithstanding the Act of

6 March 19, 1918 (15 U.S.C. 261–264), if the legisla7 ture of any of the States of California, Nevada, Or8 egon, or Washington makes a finding that adjusting

9 the standard time is necessary to help alleviate an

10 electricity crisis, the legislature of such State may

11 make any adjustments to the standard time, on a

12 statewide basis, as it considers necessary.

13 (2) SUBSEQUENT STATE AUTHORITY.—The leg14 islature of any State referred to in paragraph (1)

15 may make the same adjustment made by any other

16 State that has acted under paragraph (1), without

17 making the finding required by that paragraph.

18 (b) STANDARD TIME.—For the purposes of the Act

19 of March 19, 1918 (15 U.S.C. 261–264), adjusted time

20 implemented pursuant to subsection (a) of this section

21 shall be considered the standard time in those States

22 where it is in effect.

23 (c) EXPIRATION.—The authority to have adjusted

24 time in effect pursuant to subsection (a) shall expire after

25 December 31, 2003.
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1 SEC. 205. PURPA CONTRACTS.

2 (a) NONPAYMENT FOR POWER.—Within 60 days

3 after the enactment of this subsection, the Commission

4 shall revise the rules under section 210 of the Public Util5 ity Regulatory Policies Act of 1978 to provide that if—

6 (1) the owner or operator of a qualifying small

7 power production facility, or qualifying cogeneration

8 facility, as defined in the Public Utility Regulatory

9 Policies Act of 1978 (16 U.S.C. 824a–3), has sold

10 electric energy pursuant to a contract under this

11 section to an electric utility, and

12 (2) such owner or operator has not been paid

13 for such energy within the payment period provided

14 in the contract,

15 such owner or operator may suspend so much of the con16 tract as requires the power and energy from the facility

17 to be sold to such electric utility. During any such suspen18 sion, such owner or operator may sell the electric energy

19 covered by such contract to any other person or any other

20 party designated to receive such power or energy.

21 (b) TERMINATION.—A suspension under this sub22 section shall terminate on the first day of the contract

23 month after which the utility pays for the electric energy

24 received from the qualifying small power production facil25 ity or qualifying cogeneration facility concerned except as
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1 otherwise provided in a judicial resolution of the contract

2 dispute or in a negotiated resolution between the parties.

3 (c) OTHER SERVICES.—During any suspension under

4 this subsection, the electric utility shall provide such

5 transmission, interconnection, and distribution services as

6 may be necessary to deliver electric energy from the quali7 fying small power production facility, or qualifying cogen8 eration facility, to the purchaser or to another trans9 mission system from which the purchaser may obtain de10 livery of the electric energy, subject to the requirements

11 of the Federal Power Act relating to transmission services.

12 (d) INTERCONNECTION.—Nothing in this subsection

13 shall affect the obligation of an electric utility to inter14 connect with a qualifying small power production facility

15 or qualifying cogeneration facility or to provide electric en16 ergy to such facility at rates that meet the requirements

17 of section 210(c) of the Public Utility Regulatory Policies

18 Act of 1978 pursuant to the rules of the Commission.

19 Where a qualifying facility exercises its rights under this

20 section, the electric utility party to the power purchase

21 contract shall maintain interconnection services

22 unimpeded and without interruption.

23 (e) SUNSET.—This section shall cease to apply on Oc24 tober 1, 2003.
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1 TITLE III—FEDERAL ASSIST2 ANCE AVAILABLE UPON A

3 GOVERNOR’S REQUEST

4 SEC. 301. HYDROELECTRIC POWER LICENSE CONDITIONS.

5 The Commission shall promulgate a standard article

6 under section 10 of the Federal Power Act (16 U.S.C.

7 803) in order to permit increased generation at licensed

8 hydroelectric facilities to assist in alleviating any electric

9 supply, generating, or system reliability emergency that

10 has been declared by the Governor of the State in which

11 such facilities are located. Any licensee may include such

12 article in a license issued under Part II of such Act, in13 cluding any license issued before the enactment of this

14 Act. Such standard article shall provide that, if the Gov15 ernor submits a request for such action to the licensee,

16 upon notice to the Commission and after consultation with

17 the relevant resource agencies, the licensee may operate

18 with a temporary modification or suspension of any min19 imum flow requirement or other operational requirement

20 of the license during such emergency. Such temporary

21 modification or suspension shall not continue for more

22 than 2 years.

23 SEC. 302. FEDERAL HYDROPOWER GENERATION.

24 (a) BONNEVILLE POWER ADMINISTRATION.—During

25 any period (not in excess of 2 years) during which an elec-
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1 tricity emergency is in effect in a State pursuant to a dec2 laration by the Governor of the State, if the governors of

3 each State within the Pacific Northwest (as defined in sec4 tion 3(14) of the Pacific Northwest Power Planning and

5 Conservation Act) request the Administrator of the Bon6 neville Power Administration to authorize hydropower fa7 cilities providing electric power to the Administration to

8 maximize electric generation at such facilities, the Admin9 istrator may authorize such generation.

10 (b) BUREAU OF RECLAMATION.—During any period

11 (not in excess of 2 years) during which an electricity emer12 gency is in effect in a State pursuant to a declaration by

13 the Governor of the State, in order to provide electric

14 power generation, if the Governor of such State so re15 quests, the Secretary of the Interior, acting through the

16 Commissioner of the Bureau of Reclamation, may author17 ize the maximum electric generation at hydroelectric facili18 ties operated by the Bureau.

19 (c) WAIVER.—Whenever the Administrator of the

20 Bonneville Power Administration or the Commissioner of

21 the Bureau of Reclamation authorizes maximum genera22 tion pursuant to this subsection at any facility, such au23 thorization shall waive the application of any restriction

24 or constraint under any Federal law, plan, rule, or order

25 (including any court order issued before the date of the
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1 enactment of this Act pursuant to any Federal law) that

2 would otherwise apply to the operation of the facility con3 cerned, including any dam, powerplant, or other facility

4 under the administrative jurisdiction of the Administrator

5 or Commissioner, wherever located.

6 (d) NO JUDICIAL REVIEW.—A waiver under this sec7 tion shall not be subject to judicial review.

8 SEC. 303. NOX PRECONSTRUCTION REQUIREMENTS FOR

9 NEW GENERATION.

10 During any period (not in excess of 2 years) during

11 which an electricity emergency is in effect in a State pur12 suant to a declaration by the Governor of the State, if

13 the Governor submits a request for such action to the Ad14 ministrator of the Environmental Protection Agency, the

15 Administrator may waive, for not more than a one year

16 period, for new electric generation units located in that

17 State, the requirements of section 111 of the Clean Air

18 Act relating to oxides of nitrogen and the preconstruction

19 requirements relating to oxides of nitrogen applicable to

20 such units under applicable implementation plan provi21 sions in effect in that State. At the expiration of such

22 waiver, such units shall be required to meet all such re23 quirements. Whenever the Administrator receives a Gov24 ernor’s request for a waiver under this section, the Admin25 istrator shall make a determination regarding such re-
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1 quest within 45 days from the date on which such request

2 is received.

3 SEC. 304. FEDERAL GENERATION DURING STATE EMER4 GENCIES.

5 (a) DEFINITION.—For purposes of this section, the

6 term ‘‘qualified Federal electric generation facility’’ means

7 any electric generation facility (other than a hydroelectric

8 power generation facility) owned or operated by a depart9 ment, agency, or instrumentality of the United States and

10 located in a State in which an electricity emergency has

11 been declared as provided in this section. Such term in12 cludes backup generators and portable generators.

13 (b) AUTHORIZATION OF GENERATION.—During any

14 period (not in excess of 2 years) during which an elec15 tricity emergency is in effect in a State pursuant to a dec16 laration by the Governor of the State, if the Governor sub17 mits a request for such action to the Secretary of Energy,

18 the Secretary may authorize any department, agency, or

19 instrumentality of the United States that owns or operates

20 a qualified Federal electric generation facility, to generate

21 electric energy for consumption by such department, agen22 cy, or instrumentality or for sales to such State for local

23 distribution in the State to assist in relieving emergency

24 electric power shortages if reimbursement is assured by

25 the recipient of such power or by a State government.
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1 SEC. 305. EMERGENCY GENERATION.

2 (a) DEFINITION.—The term ‘‘high electricity emer3 gency day’’ means, for any State, a day on which a State

4 agency determines that rolling electric blackouts are immi5 nent and—

6 (1) in the case of California, during which a

7 Stage III Emergency has been declared by the Cali8 fornia Independent System Operator; or

9 (2) in the case of any other State, a similar

10 emergency has been declared by an appropriate

11 State agency in such other State.

12 (b) EXPEDITED APPROVAL FOR EMERGENCY GEN13 ERATION PROVISIONS.—The Administrator of the Envi14 ronmental Protection Agency shall expedite the consider15 ation and approval of State implementation plan amend16 ments submitted to the Administrator by a State under

17 the Clean Air Act to provide the emergency generation au18 thority described in subsection (c) or (d) of this section.

19 Whenever the Administrator receives a proposed plan

20 amendment under this section, the Administrator shall

21 make a determination regarding such amendment within

22 45 days from the date on which such amendment is re23 ceived.

24 (c) NOX WAIVER AUTHORITY FOR NATURAL GAS25 FIRED GENERATION—Any State in which high electricity

26 emergency days may occur may submit a State implemen-
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1 tation plan amendment to the Administrator of the Envi2 ronmental Protection Agency under the Clean Air Act pur3 suant to this subsection. Under such amendment, the Gov4 ernor of the State may temporarily waive all emission limi5 tations in effect under such plan, including any limitations

6 set forth in a permit, regarding emissions of oxides of ni7 trogen from natural gas fired electric power generation fa8 cilities in that State to permit additional generation on

9 any high electricity emergency day or any portion of such

10 a day. Such waiver may be issued only during a period

11 (not in excess of 2 years) during which an electricity emer12 gency is in effect in a State pursuant to a declaration by

13 the Governor of the State. Such temporary waiver shall

14 not authorize any emission source to disconnect or cease

15 using any emission control device used to control emis16 sions of oxides of nitrogen. No such temporary waiver may

17 remain in effect for a period longer than 6 consecutive

18 months.

19 (d) EMERGENCY GENERATION FOR PRIVATE USE.—

20 Any State in which high electricity emergency days may

21 occur may submit a State implementation plan amend22 ment to the Administrator of the Environmental Protec23 tion Agency under the Clean Air Act pursuant to this sub24 section. Under such amendment, if the Governor of the

25 State has declared an electricity emergency in the State,
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1 the Governor may issue an order waiving, during any high

2 electricity emergency day or portion thereof, any otherwise

3 applicable requirements of the plan that would have the

4 effect or prohibiting or limiting the operation by any per5 son or entity or class or category thereof in such State

6 of any type of electric energy generation, using any type

7 of fuel available, if such electric energy is consumed only

8 by the person or entity generating it. Such waiver shall

9 not authorize any emission source to disconnect or cease

10 using any emission control device used to control emis11 sions of any air pollutant (within the meaning of the Clean

12 Air Act). Each such order shall expire 6 months after the

13 date of issuance.

14 (e) EFFECT ON AIR QUALITY.—The Administrator of

15 the Environmental Protection Agency may approve a plan

16 amendment described in subsection (c) or (d) of this sec17 tion only if the Administrator determines that such

18 amendment will not increase the net emissions of any air

19 pollutant in any affected air quality region and that the

20 amendment otherwise meets the requirements of the Clean

21 Air Act.

22 (f) STAY OR INJUNCTIONS PROHIBITED.—No stay or

23 injunction may be issued by any court under section 304

24 of the Clean Air Act against the Administrator of a State
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1 regarding the submission or approval of a plan amend2 ment referred to in this section.

3 SEC. 306. REGIONAL TRANSMISSION ORGANIZATION IN

4 WESTERN REGION.

5 (a) IN GENERAL.—After notice and an opportunity

6 for a hearing, the Federal Energy Regulatory Commission

7 shall establish a regional transmission organization for the

8 region covered by the Western Systems Coordinating

9 Council if 10 or more of the Governors of the 14 States

10 covered in whole or in part by the Western Systems Co11 ordinating Council sign a petition submitted by one or

12 more of such Governors requesting the Commission to es13 tablish such organization.

14 (b) FEDERAL TRANSMISSION FACILITIES.—The

15 Bonneville Power Administration and the Western Area

16 Power Administration are each authorized and required

17 to participate in a regional transmission organization es18 tablished under this section. Each other entity (including

19 municipally owned entities and cooperatives) owning or

20 operating transmission facilities within the region covered

21 by the Western Systems Coordinating Council shall par22 ticipate in any such organization. Notwithstanding any

23 other law, participation may include delegation of oper24 ation and control of the transmission system concerned to

25 a regional transmission organization or other method of
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1 participation, under terms and conditions the power mar2 keting administration concerned determines necessary or

3 appropriate, including being bound by operational and

4 other orders of the regional transmission organization and

5 by the results of arbitration of disputes with the organiza6 tion or with other participants.

7 (c) STATE AUTHORITY NOT AFFECTED.—Nothing in

8 this section affects the authority of States to regulate

9 transmission facility maintenance, planning, siting, and

10 other utility functions.

11 (d) SUNSET.—No regional transmission authority es12 tablished under this section shall be required to continue

13 to operate after the date 3 years after the regional trans14 mission organization is established.

Æ