I 

112TH CONGRESS 

1ST SESSION H. R. 3280 

To amend the Federal Power Act to establish a regional transmission planning 

process, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 27, 2011 

Mr. SENSENBRENNER introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Federal Power Act to establish a regional 

transmission planning process, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Powering America for 

5 Tomorrow Act’’. 

6 SEC. 2. AMENDMENT OF THE FEDERAL POWER ACT. 

7 Section 216 of the Federal Power Act (16 U.S.C. 

8 824p) is amended as follows: 


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1 (1) By amending the section heading to read as 

2 follows: ‘‘REGIONAL TRANSMISSION PLANS FOR

3 THE INTERSTATE TRANSMISSION SYSTEM’’. 

4 (2) By striking subsection (i) and redesignating 

5 subsections (j) and (k) as subsections (k) and (l), re6 spectively. 

7 (3) By redesignating subsections (d) through 

8 (h) as subsections (f) through (j), respectively. 

9 (4) By striking subsections (a), (b), and (c) and 

10 inserting the following: 

11 ‘‘(a) PURPOSES.—The purposes of this section are as 

12 follows: 

13 ‘‘(1) To ensure electric reliability, fuel diversity, 

14 and wholesale power price stability across the elec15 tric transmission grid. 

16 ‘‘(2) To reinforce, strengthen, and enhance elec17 tric transmission infrastructure as an integrated net18 work system. 

19 ‘‘(3) To facilitate the development of clean en20 ergy resources that cannot be located near an exist21 ing transmission facility or load center. 

22 ‘‘(4) To assist States and electric energy service 

23 providers in meeting the requirements of applicable 

24 renewable portfolio standards. 


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1 ‘‘(5) To take maximum advantage of smart grid 

2 technologies to promote electric grid improvements, 

3 energy efficiency, and demand response. 

4 ‘‘(6) To coordinate regional planning and local 

5 siting of interstate high-voltage electric transmission 

6 systems. 

7 ‘‘(b) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘bulk-power system’ has the 

9 meaning given such term in section 215(a)(1). 

10 ‘‘(2) The term ‘designated region’ means a re11 gion designated under subsection (c)(1). 

12 ‘‘(3) The term ‘Electric Reliability Organiza13 tion’ has the meaning given such term in section 

14 215(a)(2). 

15 ‘‘(4) The term ‘Interconnection’ has the mean16 ing given such term in section 215(a)(5). 

17 ‘‘(5) The term ‘regional entity’ has the meaning 

18 given such term in section 215(a)(7). 

19 ‘‘(6) The term ‘regional transmission plan’ 

20 means a comprehensive plan required under sub21 section (c)(3) for the development of the interstate 

22 electric transmission system in a designated region. 

23 ‘‘(7) The term ‘regional transmission planner’ 

24 means a person or entity approved under subsection 


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1 (c)(2) to develop and maintain a regional trans2 mission plan required under this section. 

3 ‘‘(8) The term ‘regional transmission project’ 

4 means an overhead or underground transmission fa5 cility, consisting of conductors or cables, towers, 

6 manhole duct systems, phase shifting transformers, 

7 reactors, capacitors, substations, and any ancillary 

8 facilities and equipment necessary for the proper op9 eration of the facility— 

10 ‘‘(A) that— 

11 ‘‘(i) operates at or above a voltage 

12 of— 

13 ‘‘(I) 230 kilovolts alternating 

14 current; or 

15 ‘‘(II) 300 kilovolts direct current; 

16 ‘‘(ii) is a very high current conductor 

17 or superconducting cable that operates at 

18 or above a power equivalent to the power 

19 of a conventional transmission cable oper20 ating at or above 230 kilovolts alternating 

21 current or 300 kilovolts direct current; or 

22 ‘‘(iii) is a renewable feeder line; and 

23 ‘‘(B) that is included in a regional trans24 mission plan submitted to the Commission 

25 under subsection (c)(3). 


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1 ‘‘(9) The term ‘renewable feeder line’ means a 

2 transmission line that— 

3 ‘‘(A) operates at or above a voltage of 100 

4 kilovolts; and 

5 ‘‘(B) is identified in a regional trans6 mission plan submitted to the Commission 

7 under subsection (c)(3) as a facility that is to 

8 be developed to facilitate collection of electric 

9 energy produced by renewable energy. 

10 ‘‘(10) The term ‘transmission organization’ has 

11 the meaning given such term in section 215(a)(6). 

12 ‘‘(c) REGIONAL TRANSMISSION PLANS.— 

13 ‘‘(1) DESIGNATION OF REGIONS.—Not later 

14 than 12 months after the date of enactment of this 

15 subsection, the Commission, in consultation with the 

16 Electric Reliability Organization, regional entities, 

17 transmission organizations, transmission owners, 

18 State regulatory authorities of the States comprising 

19 the Eastern Interconnection, and State regulatory 

20 authorities of the States comprising the Western 

21 Interconnection, shall designate one or more regions 

22 within the Eastern Interconnection and one or more 

23 regions within the Western Interconnection, to be 

24 represented by regional transmission planners ap25 proved under paragraph (2). In determining the apVerDate Mar 15 2010 01:02 Oct 28, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3280.IH H3280

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1 propriate size and scope of a region, the Commission 

2 shall consider the optimal scope needed to ensure 

3 comprehensive regional transmission planning and 

4 operational efficiency, the size and scope of existing 

5 Regional Transmission Organizations and operating 

6 bulk-power systems, and methods for interregional 

7 coordination agreements to ensure a sufficiently 

8 broad regional transmission planning process. 

9 ‘‘(2) REGIONAL TRANSMISSION PLANNERS.— 

10 ‘‘(A) APPLICATION AND APPROVAL.—Any 

11 person or entity, including a Regional Trans12 mission Organization or other regionally-based 

13 planning entity with an established regional 

14 transmission planning process, as determined 

15 by the Commission, may submit an application 

16 to the Commission for approval as the regional 

17 transmission planner for a designated region. 

18 Not later than 18 months after the designation 

19 of a region under paragraph (1), the Commis20 sion shall approve one such regional trans21 mission planner for each such designated region 

22 to develop and maintain a regional transmission 

23 plan required under this section. 

24 ‘‘(B) CONSIDERATION.—In approving a re25 gional transmission planner under subparaVerDate Mar 15 2010 01:02 Oct 28, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3280.IH H3280

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1 graph (A), the Commission shall consider the 

2 existing or reasonably anticipated capabilities of 

3 any regionally-based planning entity described 

4 in such subparagraph in regional transmission 

5 planning. 

6 ‘‘(C) CONTENTS OF APPLICATION.—An ap7 plicant entity shall include in an application for 

8 approval as the regional transmission planner 

9 for a designated region the operating proce10 dures of such applicant entity and any method 

11 such applicant entity will use to adhere to the 

12 requirements for a regional transmission plan13 ning process described in paragraph (5). 

14 ‘‘(D) COMPLIANCE.—The Commission may 

15 review the compliance of a regional trans16 mission planner approved under subparagraph 

17 (A) with the requirements of this section and 

18 any regulations thereunder. If the Commission 

19 finds such a regional transmission planner has 

20 failed or is failing to comply with such require21 ments or regulations, the Commission may re22 voke the approval of such regional transmission 

23 planner for a designated region and accept ap24 plications for a new regional transmission planVerDate Mar 15 2010 01:02 Oct 28, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3280.IH H3280

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1 ner for such region to be approved in accord2 ance with this section. 

3 ‘‘(3) REGIONAL TRANSMISSION PLAN RE4 QUIRED.—Not later than 2 years after the approval 

5 of a regional transmission planner under paragraph 

6 (2), and every 2 years thereafter, such regional 

7 transmission planner shall submit to the Commission 

8 an initial or updated regional transmission plan that 

9 meets the requirements of this section. The Commis10 sion shall ensure that each such plan is the result 

11 of a planning process that adhered to the require12 ments for a regional transmission planning process 

13 described in paragraph (5). The Commission shall 

14 make all regional transmission plans submitted 

15 available to the public. 

16 ‘‘(4) REGIONAL TRANSMISSION PLAN DESIGN.— 

17 A regional transmission plan required under this 

18 section shall, with respect to a designated region— 

19 ‘‘(A) be designed to— 

20 ‘‘(i) maintain and enhance the eco21 nomic, reliability, and energy security ben22 efits of the regional electric transmission 

23 system, including remediation of electric 

24 grid congestion; and 


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1 ‘‘(ii) anticipate and facilitate develop2 ment of electric energy generation from di3 verse energy resources; and 

4 ‘‘(B) consider whether proposals to expand 

5 and upgrade high voltage electric transmission 

6 in the designated region and across the bound7 aries of the designated region will minimize 

8 congestion and promote service reliability, mar9 ket integration and efficiency, economic devel10 opment, deployment of smart grid technologies, 

11 lowest cost delivered electric energy at whole12 sale, and the goals of applicable renewable port13 folio standards. 

14 ‘‘(5) REGIONAL TRANSMISSION PLANNING

15 PROCESS.—The Commission shall ensure each re16 gional transmission planning process conducted by a 

17 regional transmission planner is consistent with the 

18 purposes of this section. The Commission shall en19 sure any such planning process— 

20 ‘‘(A) is non-discriminatory, independent, 

21 and conforms with the planning standards of 

22 Commission Order No. 890 or any successor 

23 order; 

24 ‘‘(B) solicits and considers the input of 

25 local and State policymakers, transmission facilVerDate Mar 15 2010 01:02 Oct 28, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3280.IH H3280

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1 ity owners and electric utilities, and market 

2 participants; 

3 ‘‘(C) is sufficiently broad in geographic 

4 and market scope to produce economic and 

5 operational efficiencies; 

6 ‘‘(D) is designed to meet the need for the 

7 timely construction or modification of regional 

8 transmission projects; and 

9 ‘‘(E) takes into account— 

10 ‘‘(i) all applicable laws and regula11 tions governing the procurement of electric 

12 energy generation; 

13 ‘‘(ii) the potential effect on the future 

14 operation of the electric transmission sys15 tem or on the regional transmission plan of 

16 rejection or withdrawal of a proposed re17 gional transmission project; 

18 ‘‘(iii) the development of transmission 

19 facilities for which a completed application 

20 for authorization has been filed and ac21 cepted by a State regulatory authority or 

22 other applicable authority before the date 

23 of submission of a regional transmission 

24 plan under paragraph (3) but not origi25 nating from the planning process; 


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1 ‘‘(iv) the availability of non-trans2 mission resources such as opportunities for 

3 energy efficiency, demand response, en4 hancements to economic dispatch, distrib5 uted generation, and installation of new 

6 control, metering, or capacity enhancement 

7 technologies; and 

8 ‘‘(v) the development of the interstate 

9 electric transmission system in the des10 ignated region for the 10 years after sub11 mission of a regional transmission plan 

12 under paragraph (3). 

13 ‘‘(6) TRANSMITTING UTILITIES AND POWER

14 MARKETING ADMINISTRATIONS.—Federal power 

15 marketing administrations and transmitting utilities 

16 in a designated region shall integrate their trans17 mission plans with the regional transmission plans 

18 required by this section and shall otherwise partici19 pate in a regional transmission planning process by 

20 a regional transmission planner in accordance with 

21 this section. 

22 ‘‘(7) COMMISSION ACTIVITIES.—If no regional 

23 transmission planner for a designated region is ap24 proved under paragraph (2), or in the event that an 

25 approved regional transmission planner does not 


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1 timely submit a regional transmission plan as re2 quired under paragraph (3), the Commission shall 

3 designate a planner or undertake the planning ac4 tivities described in this subsection for the des5 ignated region concerned and develop such a plan 

6 for such designated region expeditiously, in consulta7 tion with State regulatory authorities, as applicable, 

8 for all affected States or areas, the Electric Reli9 ability Organization, regional entities, transmission 

10 organizations, and transmission owners within the 

11 region, as appropriate. 

12 ‘‘(8) COST ALLOCATION.—Not later than 18 

13 months after the date of enactment of this para14 graph, the Commission shall, by rule, require that 

15 all regional high voltage electric transmission cost al16 location processes and methodologies adhere to a 

17 clear and consistent set of regulatory principles, in18 cluding, as appropriate, that the costs of siting and 

19 the construction or modification of transmission fa20 cilities shall be allocated consistent with the range 

21 and distribution of benefits within the designated re22 gion that are provided by such facilities, the use of 

23 the transmission system, or with other equitable and 

24 economic considerations. In issuing a rule under this 

25 paragraph, the Commission shall consider regional 


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1 cost allocation processes and methodologies being de2 veloped or in existence as of the date of enactment 

3 of this paragraph. 

4 ‘‘(9) PLAN COORDINATION.—The Commission 

5 shall require regional transmission planners to co6 ordinate planning across regional boundaries within 

7 an Interconnection in order to achieve the purposes 

8 of this section. 

9 ‘‘(d) CERTIFICATE OF PUBLIC CONVENIENCE AND

10 NECESSITY.— 

11 ‘‘(1) PROPOSED FINDING OF PUBLIC CONVEN12 IENCE AND NECESSITY BY REGIONAL TRANSMISSION

13 PLANNER.— 

14 ‘‘(A) INCLUSION OF PROPOSED FINDING IN

15 REGIONAL TRANSMISSION PLAN.—As part of a 

16 regional transmission plan submitted to the 

17 Commission under subsection (c)(3), a regional 

18 transmission planner may identify a regional 

19 transmission project or projects that such re20 gional transmission planner finds, based on the 

21 record of the regional transmission planning 

22 process, is required by, and consistent with, the 

23 public convenience and necessity. 

24 ‘‘(B) PUBLIC CONVENIENCE AND NECES25 SITY CERTIFICATE REQUEST.—A regional 


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1 transmission planner may submit to the Com2 mission a request to issue a certificate of public 

3 convenience and necessity for a regional trans4 mission project identified in a regional trans5 mission plan submitted under subsection (c)(3). 

6 Such request shall include a summary of the 

7 record developed for such project during the re8 gional transmission planning process. The re9 quest shall be based on whether such regional 

10 transmission project is or will be— 

11 ‘‘(i) necessary to ensure regional com12 pliance with reliability standards or remedy 

13 violations of such reliability standards; 

14 ‘‘(ii) necessary to provide significant 

15 relief from electric transmission congestion 

16 as measured by objective criteria, including 

17 consideration of the total cost of conges18 tion, hours of congestion, and the lack of 

19 feasible economic alternative means to re20 lieve congestion; 

21 ‘‘(iii) important to the diversification 

22 of energy supply throughout the designated 

23 region, including by meeting the goals of 

24 applicable renewable portfolio standards; or 


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1 ‘‘(iv) important to the development of 

2 smart grid technology that is consistent 

3 with the policy under title XIII of the En4 ergy Independence and Security Act of 

5 2007 (42 U.S.C. 17381 et seq.). 

6 ‘‘(2) ISSUANCE OF CERTIFICATE OF PUBLIC

7 CONVENIENCE AND NECESSITY.—The Commission 

8 may, after notice and opportunity for hearing, find 

9 that a regional transmission project is in the public 

10 convenience and necessity and issue a certificate of 

11 public convenience and necessity for the ownership 

12 and operation of such regional transmission project 

13 and the provision of any related services under the 

14 jurisdiction of the Commission if the Commission 

15 finds that— 

16 ‘‘(A) a regional transmission planner in17 cluded a proposed finding of public convenience 

18 and necessity for such proposed regional trans19 mission project in one or more relevant regional 

20 transmission plans submitted to the Commis21 sion under subsection (c)(3); 

22 ‘‘(B) a regional transmission planner sub23 mitted a request for the issuance of such a cer24 tificate; 


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1 ‘‘(C) the proposed regional transmission 

2 project will be used for the transmission of elec3 tric energy in interstate commerce; 

4 ‘‘(D) the proposed regional transmission 

5 project is consistent with the public interest in 

6 terms of its engineering, reliability, and other 

7 economic characteristics and the purposes of 

8 this section; and 

9 ‘‘(E) the proposed regional transmission 

10 project will maximize, to the extent reasonable 

11 and economical, existing rights-of-way and the 

12 transmission capabilities of existing towers and 

13 structures. 

14 ‘‘(3) CONSIDERATIONS.—In issuing a certificate 

15 of public convenience and necessity under this sub16 section, the Commission shall give substantial def17 erence to any proposed finding of public convenience 

18 and necessity by a regional transmission planner in 

19 a regional transmission plan submitted under sub20 section (c)(3). 

21 ‘‘(4) MULTIPLE PROJECTS.—The Commission 

22 may treat multiple proposed regional transmission 

23 projects in any regional transmission plan as sepa24 rate for purposes of determining whether a certifiVerDate Mar 15 2010 01:02 Oct 28, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3280.IH H3280

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1 cate of public convenience and necessity should be 

2 issued under this subsection. 

3 ‘‘(5) CERTIFICATE APPLICATIONS.—The Com4 mission shall issue rules specifying— 

5 ‘‘(A) the form of the application for a cer6 tificate of public convenience and necessity 

7 under this subsection; and 

8 ‘‘(B) the information to be contained in 

9 such application. 

10 ‘‘(6) ENVIRONMENTAL REVIEW.— 

11 ‘‘(A) PROPOSED FINDING BY REGIONAL

12 TRANSMISSION PLANNER.—A proposed finding 

13 by a regional transmission planner of public 

14 convenience and necessity regarding a regional 

15 transmission project is excluded from review 

16 under the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.), provided an en18 vironmental assessment or environmental im19 pact statement is required to be prepared by 

20 the Commission under such Act. 

21 ‘‘(B) CONSIDERATION BY COMMISSION.— 

22 The Commission may consider, wholly or in 

23 part, any draft environmental analysis con24 ducted by a regional transmission planner or 


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1 relevant transmission provider and issued by 

2 the regional transmission planner. 

3 ‘‘(e) SITING AUTHORITY.— 

4 ‘‘(1) EXCLUSIVE STATE SITING AUTHORITY.—A 

5 State shall retain exclusive authority over the siting 

6 of any transmission facility that is not a part of a 

7 regional transmission project for which a certificate 

8 of public convenience and necessity has been issued 

9 under subsection (d)(2). 

10 ‘‘(2) FEDERAL SITING AUTHORITY.—The Com11 mission may, after notice and an opportunity for 

12 hearing, issue one or more permits for the construc13 tion or modification of electric transmission facilities 

14 if the Commission finds that— 

15 ‘‘(A) the transmission facility was identi16 fied as part or all of a regional transmission 

17 project for which a certificate of public conven18 ience and necessity has been issued under sub19 section (d)(2); and 

20 ‘‘(B) the— 

21 ‘‘(i) State in which the transmission 

22 facility is to be sited does not have author23 ity to— 

24 ‘‘(I) approve the siting of the fa25 cility; or 


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1 ‘‘(II) consider the interstate ben2 efits expected to be achieved by the 

3 proposed siting of the transmission fa4 cility in the State; 

5 ‘‘(ii) applicant for a permit is a trans6 mitting utility but does not qualify to 

7 apply for a permit for the proposed trans8 mission facility in a State because the ap9 plicant does not serve end-use customers in 

10 the State; or 

11 ‘‘(iii) State commission or other entity 

12 that has authority to approve the siting of 

13 the transmission facility— 

14 ‘‘(I) did not issue a decision on 

15 an application seeking approval for 

16 the siting of the facility within 1 year 

17 after the date the applicant submitted 

18 a completed application to the State 

19 commission or other authority; 

20 ‘‘(II) denied a complete applica21 tion seeking approval for the siting of 

22 the transmission facility; or 

23 ‘‘(III) authorized the siting of the 

24 facility subject to conditions that unVerDate Mar 15 2010 01:02 Oct 28, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3280.IH H3280

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1 reasonably interfere with the siting of 

2 the transmission facility.’’. 

3 (5) In subsection (f), as redesignated by para4 graph (3), by striking ‘‘subsection (b)’’ and inserting 

5 ‘‘subsection (e)’’. 

6 (6) In subsection (g), as redesignated by para7 graph (3), by striking ‘‘subsection (b)’’ and inserting 

8 ‘‘subsection (e)’’. 

9 (7) In subsection (h), as redesignated by para10 graph (3), by striking ‘‘subsection (e)’’ and inserting 

11 ‘‘subsection (g)’’. 

12 (8) In subsection (k)(2), as redesignated by 

13 paragraph (2), by striking ‘‘Subsection (h)(6)’’ and 

14 inserting ‘‘Subsection (j)(6)’’. 

15 (9) By amending subsection (l), as redesignated 

16 by paragraph (2), to read as follows: 

17 ‘‘(l) APPLICABILITY.—This section applies only to 

18 States located in the Western Interconnection and States 

19 located in the Eastern Interconnection and does not apply 

20 to the States of Alaska or Hawaii, or to areas under the 

21 authority of the Electric Reliability Council of Texas.’’. 

Æ 


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