graph (4)(B), the date that is 1 year 
before the deadline for submission of 
that plan; and 
‘‘(v) defining the hourly electrical 
transfers of each interregional trans-
mission planning region as being equal to, 
for each hour— 
‘‘(I) the hourly exports of that 
interregional transmission planning 
region; minus 
‘‘(II) the hourly imports of that 
interregional transmission planning 
region; 
‘‘(E) calculates the present-day coincident 
peak loads of the interregional transmission 
planning regions by— 
‘‘(i) defining the present-day coinci-
dent peak load of each interregional trans-
mission planning region as being equal to 
the last 1⁄10 of the 99th percentile (99.9th 
percentile) of the coincident hourly load of 
that interregional transmission planning 
region; and 
‘‘(ii) defining the coincident hourly 
load of each interregional transmission 
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planning region as being equal to the sum 
obtained by adding, with respect to each 
hour, the hourly loads of all balancing au-
thorities that, in the determination of the 
Commission, most closely correspond to 
the interregional transmission planning re-
gion in question using data from Form 
EIA–930 of the Energy Information Ad-
ministration for the 5-year period ending 
on— 
‘‘(I) for each plan described in 
subparagraph (G) that is required to 
be submitted by the date described in 
that subparagraph, the date that is 1 
year before the date of enactment of 
this section; and 
‘‘(II) for each plan submitted 
under paragraph (4)(A) and each up-
dated plan submitted under para-
graph (4)(B), the date that is 1 year 
before the deadline for submission of 
that plan; 
‘‘(F) for purposes of determining the ade-
quacy of a plan described in subparagraph (G) 
to provide for the achievement of the minimum 
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interregional transfer capability applicable to an 
interregional transmission planning region, de-
scribes and employs a clear methodology for 
calculating anticipated changes to the coinci-
dent peak load and coincident interregional 
transfer capability of an interregional trans-
mission planning region designed to correspond 
approximately to what would be reasonably ex-
pected to be calculated under subparagraphs 
(D) and (E) at a future date based on— 
‘‘(i) the construction or modification 
of new or existing transmission facilities, 
including facilities built between inter-
regional transmission planning regions and 
facilities within interregional transmission 
planning regions that impact the ability of 
the interregional transmission planning re-
gions to move electric energy between 
themselves and neighboring interregional 
transmission planning regions; 
‘‘(ii) the use of nontransmission alter-
natives, including grid-enhancing tech-
nologies; 
‘‘(iii) changes to generation or load 
within interregional transmission planning 
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regions, including energy efficiency and de-
mand response programs; and 
‘‘(iv) other changes to the bulk-power 
system (as defined in section 215(a)) or 
the operation of the bulk-power system 
that are expected to meaningfully alter co-
incident peak loads or coincident inter-
regional transfer capabilities, as deter-
mined by the Commission; 
‘‘(G) establishes a process for each inter-
regional transmission planning region to sub-
mit, jointly with each other interregional trans-
mission planning region with which the inter-
regional transmission planning region has, or 
plans to establish, an interregional transfer ca-
pability, not later than 2 years after the effec-
tive date of the final rule, a plan that— 
‘‘(i) designates 1 or more entities for 
construction of new facilities or modifica-
tion of existing facilities to achieve the ap-
plicable minimum interregional transfer ca-
pability in an efficient and timely manner 
for the benefit of ultimate consumers; 
‘‘(ii) allocates the costs of the facilities 
described in clause (i); and 
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‘‘(iii) includes a timeline for the con-
struction of the facilities described in 
clause (i)— 
‘‘(I) by December 31, 2035; or 
‘‘(II) if any construction will ex-
tend beyond that date, that includes 
an explanation of the reasons for that 
construction extending beyond that 
date; and 
‘‘(H) explains how the Commission will 
designate 1 or more entities to construct or 
modify, and how the Commission will allocate 
the costs of, the facilities described in clause (i) 
of subparagraph (G) in the event that an inter-
regional transmission planning region fails to 
submit a plan in accordance with that subpara-
graph. 
‘‘(2) PRESUMPTIONS; CONSULTATION.—In es-
tablishing the methodology under paragraph (1)(F), 
the Commission may— 
‘‘(A) establish and use simplified, rebutta-
ble presumptions relating to the extent to which 
coincident interregional transfer capabilities or 
coincident peak loads will be anticipated to be 
altered by facilities, technologies, or programs 
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described in clauses (i) through (iv) of that 
paragraph; and 
‘‘(B) consult with appropriate officials of 
the Department of Energy. 
‘‘(3) CONSIDERATIONS.—In carrying out para-
graph (1), the Commission shall consider and deter-
mine the role of transfer capabilities between inter-
regional transmission planning regions and other 
electrical systems in North America in meeting the 
requirements of that paragraph. 
‘‘(4) PLANS.— 
‘‘(A) NEW INTERREGIONAL TRANSMISSION 
PLANNING REGIONS.—Not later than 2 years 
after the establishment of any new interregional 
transmission planning region, the new inter-
regional transmission planning region and each 
interregional transmission planning region with 
which the new interregional transmission plan-
ning region has, or plans to establish, an inter-
regional transfer capability, shall jointly submit 
to the Commission a plan described in para-
graph (1)(G) to meet the minimum inter-
regional transfer capability applicable to that 
new interregional transmission planning region. 
‘‘(B) UPDATES.— 
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‘‘(i) IN GENERAL.—The Commission 
shall require each plan submitted in ac-
cordance with paragraph (1)(G) or sub-
paragraph (A) to be updated, and the up-
dated plan submitted to the Commission, 
every 5 years after the deadline for sub-
mission of the initial plan. 
‘‘(ii) 
REQUIREMENT.—An 
updated 
plan submitted in accordance with clause 
(i) shall, at a minimum, account for any 
changes in regional coincident peak load 
since the most recent previous submission. 
‘‘(C) REVIEW.—The Commission shall re-
view each plan submitted in accordance with 
paragraph (1)(G) or subparagraph (A) or (B) 
in a manner consistent with— 
‘‘(i) the principles described in sub-
section (g); and 
‘‘(ii) sections 205 and 206, with re-
spect to the requirement that all rates, 
charges, terms, and conditions be just and 
reasonable and not unduly discriminatory 
or preferential. 
‘‘(c) EQUAL APPLICATION.—In carrying out this sec-
tion, including with respect to the imposition of, and as-
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sessing compliance with, any minimum interregional 
transfer requirement, the Commission shall apply all pro-
visions of this section, and any regulations promulgated 
under this section, equally to all interregional transmission 
planning regions, including by using the same terms, defi-
nitions, and standards with respect to each interregional 
transmission planning region. 
‘‘(d) COMMISSION JURISDICTION.—The Commission 
shall have jurisdiction within the United States over all 
transmitting utilities for the purposes of establishing min-
imum interregional transfer capabilities in accordance 
with this section and establishing and enforcing compli-
ance with minimum interregional transfer requirements. 
‘‘(e) ELECTRIC RELIABILITY COUNCIL OF TEXAS.— 
‘‘(1) IN GENERAL.—The Public Utility Commis-
sion of Texas may, at its sole discretion, choose to 
support the reliability and affordability of the 
ERCOT system by voluntarily complying with a 
minimum interregional transfer requirement relating 
to a coincident interregional transfer capability that 
is equal to a percentage, determined by ERCOT, of 
the coincident peak load of ERCOT. 
‘‘(2) SAVINGS CLAUSE.— 
‘‘(A) IN
GENERAL.—The construction or 
operation of an interregional facility, or the al-
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location of costs for that construction, to meet 
a minimum interregional transfer capability 
shall not affect the jurisdiction of the Commis-
sion with respect to— 
‘‘(i) ERCOT; or 
‘‘(ii) any ERCOT utility. 
‘‘(B) NOT
PUBLIC
UTILITIES.—The con-
struction or operation of a facility described in 
subparagraph (A), or the allocation of costs for 
that construction, shall not render ERCOT or 
any ERCOT utility a public utility. 
‘‘(f) DATA QUALITY.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Ad-
ministrator of the Energy Information Administra-
tion shall submit to the Commission an updated 
version of the data from Form EIA–930 for use in 
accordance with subparagraphs (D) and (E) of sub-
section (b)(1). 
‘‘(2) ERRORS.—In updating the Form EIA–930 
data for purposes of paragraph (1), the Adminis-
trator of the Energy Information Administration, to 
the maximum extent practicable, shall control for 
the quality of the data by— 
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‘‘(A) identifying any suspected erroneous 
values; and 
‘‘(B) removing those suspected erroneous 
values or overwriting those suspected erroneous 
values with data that, in the determination of 
the Administrator, is likely to be more accurate. 
‘‘(g) REQUIREMENT.—In carrying out this section, 
the Commission shall endeavor— 
‘‘(1) to improve the reliability and resilience of 
the electric grid of the United States, including dur-
ing— 
‘‘(A) extreme weather scenarios; 
‘‘(B) physical attacks; and 
‘‘(C) cyber attacks; and 
‘‘(2) to reduce the cost of delivered power to ul-
timate consumers by increasing access to low-cost 
generating resources.’’. 
(b) CONFORMING AMENDMENTS.—Section 201 of the 
Federal Power Act (16 U.S.C. 824) is amended— 
(1) in subsection (b)(2)— 
(A) in the first sentence— 
(i) by striking ‘‘section 201(f)’’ and 
inserting ‘‘subsection (f)’’; and 
(ii) by striking ‘‘and 222’’ and insert-
ing ‘‘222, and 224’’; and 
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(B) in the second sentence, by striking ‘‘or 
222’’ and inserting ‘‘222, or 224’’; and 
(2) in subsection (e)— 
(A) by striking ‘‘206(f),’’; and 
(B) by striking ‘‘or 222’’ and inserting 
‘‘222, or 224’’. 
Æ 
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