cate of public convenience and necessity should be 
issued under this subsection. 
‘‘(5) CERTIFICATE APPLICATIONS.—The Com-
mission shall issue rules specifying— 
‘‘(A) the form of the application for a cer-
tificate of public convenience and necessity 
under this subsection; and 
‘‘(B) the information to be contained in 
such application. 
‘‘(6) ENVIRONMENTAL REVIEW.— 
‘‘(A) PROPOSED
FINDING
BY
REGIONAL 
TRANSMISSION PLANNER.—A proposed finding 
by a regional transmission planner of public 
convenience and necessity regarding a regional 
transmission project is excluded from review 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), provided an en-
vironmental assessment or environmental im-
pact statement is required to be prepared by 
the Commission under such Act. 
‘‘(B) CONSIDERATION BY COMMISSION.— 
The Commission may consider, wholly or in 
part, any draft environmental analysis con-
ducted by a regional transmission planner or 
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relevant transmission provider and issued by 
the regional transmission planner. 
‘‘(e) SITING AUTHORITY.— 
‘‘(1) EXCLUSIVE STATE SITING AUTHORITY.—A 
State shall retain exclusive authority over the siting 
of any transmission facility that is not a part of a 
regional transmission project for which a certificate 
of public convenience and necessity has been issued 
under subsection (d)(2). 
‘‘(2) FEDERAL SITING AUTHORITY.—The Com-
mission may, after notice and an opportunity for 
hearing, issue one or more permits for the construc-
tion or modification of electric transmission facilities 
if the Commission finds that— 
‘‘(A) the transmission facility was identi-
fied as part or all of a regional transmission 
project for which a certificate of public conven-
ience and necessity has been issued under sub-
section (d)(2); and 
‘‘(B) the— 
‘‘(i) State in which the transmission 
facility is to be sited does not have author-
ity to— 
‘‘(I) approve the siting of the fa-
cility; or 
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‘‘(II) consider the interstate ben-
efits expected to be achieved by the 
proposed siting of the transmission fa-
cility in the State; 
‘‘(ii) applicant for a permit is a trans-
mitting utility but does not qualify to 
apply for a permit for the proposed trans-
mission facility in a State because the ap-
plicant does not serve end-use customers in 
the State; or 
‘‘(iii) State commission or other entity 
that has authority to approve the siting of 
the transmission facility— 
‘‘(I) did not issue a decision on 
an application seeking approval for 
the siting of the facility within 1 year 
after the date the applicant submitted 
a completed application to the State 
commission or other authority; 
‘‘(II) denied a complete applica-
tion seeking approval for the siting of 
the transmission facility; or 
‘‘(III) authorized the siting of the 
facility subject to conditions that un-
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reasonably interfere with the siting of 
the transmission facility.’’. 
(5) In subsection (f), as redesignated by para-
graph (3), by striking ‘‘subsection (b)’’ and inserting 
‘‘subsection (e)’’. 
(6) In subsection (g), as redesignated by para-
graph (3), by striking ‘‘subsection (b)’’ and inserting 
‘‘subsection (e)’’. 
(7) In subsection (h), as redesignated by para-
graph (3), by striking ‘‘subsection (e)’’ and inserting 
‘‘subsection (g)’’. 
(8) In subsection (k)(2), as redesignated by 
paragraph (2), by striking ‘‘Subsection (h)(6)’’ and 
inserting ‘‘Subsection (j)(6)’’. 
(9) By amending subsection (l), as redesignated 
by paragraph (2), to read as follows: 
‘‘(l) APPLICABILITY.—This section applies only to 
States located in the Western Interconnection and States 
located in the Eastern Interconnection and does not apply 
to the States of Alaska or Hawaii, or to areas under the 
authority of the Electric Reliability Council of Texas.’’. 
Æ 
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