POWER ON Act

To amend the Federal Power Act to increase transmission capacity for clean energy, reduce congestion, and increase grid resilience. 1. Short title This Act may be cited as the Prevent Outages With Energy Resilient Options Nationwide Act POWER ON Act 2. Amendments to Federal Power Act (a) Designation of National Interest Electric Transmission Corridors Section 216(a) of the Federal Power Act ( 16 U.S.C. 824p(a) (1) in paragraph (1), by inserting capacity constraints and congestion (2) in paragraph (2)— (A) by inserting , not less often than once every 3 years, Secretary shall (B) by inserting and Indian tribes affected States (C) by inserting or other information about electric transmission capacity constraints or congestion the study (D) by inserting , or that is expected to experience such constraints or congestion, consumers (3) in paragraph (3), by inserting , not less often than once every 3 years, Secretary shall (4) in paragraph (4)— (A) in subparagraph (C), by inserting or energy security independence (B) in subparagraph (D), by striking the and (C) in subparagraph (E), by striking security. security; (D) by adding at the end the following: (F) the designation would— (i) enhance the ability of facilities that generate or transmit renewable energy, low-emission energy, or emission-free energy to connect to the electric grid; (ii) promote electrification of other sectors, including the transportation sector; or (iii) facilitate other public policies to decarbonize the grid; (G) the designation— (i) maximizes existing rights-of-way, including along highways, brownfields, and railways; and (ii) avoids, to the maximum extent practicable, sensitive environmental areas and cultural heritage sites; and (H) the designation would result in a reduction in the cost to purchase electric energy for consumers. . (b) Construction Permit Section 216(b) of the Federal Power Act ( 16 U.S.C. 824p(b) (1) in paragraph (1)— (A) in subparagraph (A)(ii), by inserting or interregional benefits interstate benefits (B) by amending subparagraph (C) to read as follows: (C) a State commission or other entity that has authority to approve the siting of the facilities has— (i) not approved or denied an application seeking approval pursuant to applicable law by the date that is 1 year after the filing of the application or 1 year after the designation of the relevant national interest electric transmission corridor, whichever is later; (ii) conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission congestion in interstate commerce or is not economically feasible; or (iii) denied an application seeking approval pursuant to applicable law; . (c) Rights-of-Way Section 216(e)(1) of the Federal Power Act ( 16 U.S.C. 824p(e)(1) and the permit holder has made good faith efforts to engage landowners and other stakeholders early, facilities, (d) Interstate Compacts Section 216(i) of the Federal Power Act ( 16 U.S.C. 824p (1) in paragraph (2), by striking may shall (2) in paragraph (4), by striking the members of the compact are in disagreement and the Secretary makes, after notice and an opportunity for a hearing, the finding described in subsection (b)(1)(C) the Secretary finds that the members of the compact are in disagreement after the date that is 1 year after the filing of an application for the facility or 1 year after the designation of the relevant national interest electric transmission corridor, whichever is later

Summary: Prevent Outages With Energy Resilient Options Nationwide Act or the POWER ON Act This bill revises requirements governing the designation of a national interest electric transmission corridor. Currently, the Department of Energy (DOE) may designate any geographic area experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers. The bill expands the list of considerations DOE may use to select and designate a corridor. Specifically, DOE may consider whether the designation would (1) enhance the ability of facilities that generate or transmit renewable energy, low-emission energy, or emission-free energy to connect to the electric grid; (2) promote electrification of other sectors, including the transportation sector; or (3) facilitate other public policies to decarbonize the grid. DOE may also consider whether the designation maximizes existing rights-of-way, avoids sensitive environmental areas and cultural heritage sites, and would lower the cost of electricity for consumers. The bill also revises the authority (i.e., backstop authority) of the Federal Energy Regulatory Commission (FERC) to issue a permit for interstate transmission projects in such corridors when states and local governments fail to do so, including by specifying the timing for when FERC may issue such permits. In addition, the bill requires permit holders to make good faith efforts to engage landowners and other stakeholders early before exercising the right of eminent domain to purchase property needed to complete permit projects. Finally, the bill requires DOE to provide technical assistance to regional transmission siting agencies.