I 
111TH CONGRESS 
1ST SESSION H. R. 2211 
To facilitate planning, construction, and operation of a secure national clean 
energy grid. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2009 
Mr. INSLEE introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To facilitate planning, construction, and operation of a secure 
national clean energy grid. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Clean Energy 
Superhighways Act of 2009’’. 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) electricity produced from renewable re-
sources helps to reduce greenhouse gas emissions, 
and limits emissions of other pollutants regulated 
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pursuant to the Clean Air Act, enhances national 
clean energy superhighway, and provides substantial 
economic benefits; 
(2) the lack of adequate electric transmission 
capacity is one of the primary obstacles to the devel-
opment of electric generation facilities fueled by re-
newable energy resources; 
(3) it is in the national interest for the Federal 
Government to implement policies that will enhance 
the amount of electric transmission capacity avail-
able to take full advantage of the Nation’s renewable 
energy resources to generate electricity; and 
(4) existing transmission planning processes are 
fragmented across many jurisdictions, which results 
in difficult coordination between jurisdictions, delays 
in implementation of plans, and complex negotia-
tions on sharing of costs. 
SEC. 3. PURPOSES. 
The purposes of this Act are the following: 
(1) In order to increase the production of elec-
tricity from renewable energy, to enhance the per-
formance and efficiency of the Nation’s electric 
power network, and to improve its security and reli-
ability, it is the purpose of this Act to facilitate the 
establishment of a sustainable transmission grid con-
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sisting of long-distance, extra-high voltage trans-
mission lines constructed to cost effectively deliver 
remote clean energy generation resources to markets 
while improving system efficiency and reliability, and 
such additional transmission lines as are needed to 
connect renewable energy generators into this extra- 
high voltage grid. 
(2) To facilitate the widespread deployment of 
modern grid technology as part of the national infra-
structure for electricity transmission, in order to 
support improved electricity grid operation and con-
trol, enhance grid reliability and integration of re-
newable generation resources, and support the de-
ployment of new technologies. 
TITLE I—SUSTAINABLE 
TRANSMISSION GRID 
SEC. 101. PLANNING, CONSTRUCTION, AND OPERATION OF 
SUSTAINABLE TRANSMISSION GRID. 
(a) AMENDMENT OF FEDERAL POWER ACT.—Part 
II of the Federal Power Act (16 U.S.C. 824 et seq.) is 
amended by adding after section 216 the following new 
section: 
‘‘SEC. 216A. SUSTAINABLE TRANSMISSION GRID. 
‘‘(a) DEFINITIONS.—For purposes of this section: 
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‘‘(1) STG.—The term ‘STG’ means the sus-
tainable transmission grid. 
‘‘(2) STG PROJECT.—The term ‘STG project’ 
means a project designated in an STG plan to con-
struct an STG transmission line on a new or exist-
ing right-of-way after the date of enactment of this 
section. 
‘‘(3) STG PLAN.—The term ‘STG plan’ means 
a transmission plan accepted or prescribed by the 
Commission under subsection (b). 
‘‘(4) STG TRANSMISSION
LINE.—The term 
‘STG transmission line’ means an overhead or un-
derground transmission facility included in an STG 
plan, consisting of conductors or cables, towers, 
manhole duct systems, phase-shifting transformers, 
reactors, capacitors, substations, inverters, switching 
units, and any related facilities and equipment nec-
essary for the proper operation of the transmission 
facility, that— 
‘‘(A) operates at or above a voltage of 345 
kilovolts AC or DC; 
‘‘(B) is a renewable feeder line; or 
‘‘(C) is a necessary upgrade to an existing 
transmission facility. 
‘‘(5) RENEWABLE FEEDER LINE.— 
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‘‘(A) IN GENERAL.—The term ‘renewable 
feeder line’ means a transmission line that— 
‘‘(i) operates at a voltage of 100 kilo-
volts or greater, and 
‘‘(ii) is identified in the applicable 
STG plan as a facility that connects 1 or 
more renewable energy generators directly 
or indirectly to transmission facilities de-
scribed in paragraph (4)(A). 
‘‘(B) INCLUSION.—The term ‘renewable 
feeder line’ includes an upgrade to an existing 
transmission line necessary for interconnection 
to a new transmission line described in sub-
paragraph (A). 
‘‘(6) STG 
COSTS.—The term ‘STG costs’ 
means capital and operating costs incurred by any 
entity for planning, development, and operation of a 
project certificated under subsection (d). 
‘‘(7) LOAD-SERVING ENTITY.—The term ‘load- 
serving entity’ means a person or Federal, State, or 
local instrumentality (including an entity described 
in section 201(f)) that delivers electric energy to 
end-use customers. 
‘‘(8) MULTISTATE
TRANSMISSION
AUTHOR-
ITY.—The terms ‘Multistate Transmission Author-
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ity’ and ‘MTA’ mean a multistate transmission plan-
ning organization established pursuant to subsection 
(b). 
‘‘(9) RENEWABLE ENERGY.—The term ‘renew-
able energy’ means electric energy generated from— 
‘‘(A) solar energy, wind, landfill gas, re-
newable biogas, or geothermal energy; 
‘‘(B) new hydroelectric generation capacity 
achieved from increased efficiency, or an addi-
tion of new capacity, at an existing nonhydro-
electric project if— 
‘‘(i) the hydroelectric project installed 
on the nonhydroelectric dam— 
‘‘(I) is licensed by the Commis-
sion; and 
‘‘(II) meets all other applicable 
environmental, licensing, and regu-
latory requirements, including applica-
ble fish passage requirements; 
‘‘(ii) the nonhydroelectric dam— 
‘‘(I) was placed in service before 
the date of enactment of the National 
Clean Energy Superhighways Act of 
2009; 
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‘‘(II) was operated for flood con-
trol, navigation, or water supply pur-
poses; and 
‘‘(III) did not produce hydro-
electric power as of the date of enact-
ment of the National Clean Energy 
Superhighways Act of 2009; and 
‘‘(iii) the hydroelectric project is oper-
ated so that the water surface elevation at 
any given location and time that would 
have occurred in the absence of the hydro-
electric project is maintained, subject to 
any license requirements imposed under 
applicable law that change the water sur-
face elevation for the purpose of improving 
the environmental quality of the affected 
waterway, as certified by the Commission; 
‘‘(C) hydrokinetic energy, including— 
‘‘(i) waves, tides, and currents in 
oceans, estuaries, and tidal areas; 
‘‘(ii) free-flowing water in rivers, 
lakes, and streams; 
‘‘(iii) free-flowing water in man-made 
channels, including projects that use non-
mechanical structures to accelerate the 
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flow of water for electric power production 
purposes; or 
‘‘(iv) differentials in ocean tempera-
ture through ocean thermal energy conver-
sion; or 
‘‘(D) electricity that is generated from the 
combustion of the biogenic portion of municipal 
solid waste materials from facilities that comply 
with the maximum pollutant emissions stand-
ards established by the Administrator of the 
Environmental Protection Agency. 
‘‘(b) PLANNING BY MULTISTATE TRANSMISSION AU-
THORITIES.— 
‘‘(1) ESTABLISHMENT OF MTAS.— 
‘‘(A) AUTHORITY
TO
ESTABLISH.—The 
Congress hereby authorizes the States com-
prising the Eastern interconnection and the 
States comprising the Western interconnection 
to establish, in accordance with rules estab-
lished under subparagraph (B), one or more 
interconnection-wide 
multistate 
transmission 
planning authorities (‘MTAs’), within the East-
ern and Western interconnections, respectively. 
Such States may establish an MTA by agree-
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ment of the States comprising the region con-
cerned. 
‘‘(B) REQUIREMENTS FOR CERTIFICATION 
OF MTA.—The Commission shall, by rule pro-
mulgated within 180 days after the date of en-
actment of this section, specify appropriate or-
ganizational and procedural requirements for 
the MTAs established under this section, in-
cluding each of the following: 
‘‘(i) A governance structure that en-
sures that each State in the interconnec-
tion will be represented on the MTA. 
‘‘(ii) 
An 
open, 
transparent, 
and 
participatory STG planning process, in-
cluding public hearings, that furthers the 
purposes of this section and solicits input 
from load-serving entities, Federal trans-
mitting utilities, transmission owners, re-
gional transmission organizations, inde-
pendent system operators, State energy, 
environment, natural resources, and land 
management agencies and commissions, 
Indian tribes, electricity generators, pro-
spective developers of new transmission 
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and generation resources, regional reli-
ability organizations, and the public. 
‘‘(iii) A requirement that the MTA 
will have the capability of exercising STG 
planning functions for the entire inter-
connection, including identifying acceptable 
corridors for planned transmission projects 
based on the planning process described in 
paragraph (3). 
‘‘(iv) A mechanism that assures that 
the MTA will have adequate resources 
available to undertake its planning activi-
ties (taking into account amounts made 
available pursuant to paragraph (8), which 
may include imposition of a reasonable 
charge on load-serving entities in the inter-
connection. 
‘‘(v) Such other requirements as it de-
termines necessary to assure that each 
MTA is capable of undertaking the plan-
ning described in paragraphs (3) and (4) 
for the region concerned. 
‘‘(2) CERTIFICATION
OF
MTA.—The Commis-
sion shall, by rule, establish procedures governing 
submission and consideration of applications for cer-
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tification of an MTA within a region. The final rule 
establishing such procedures shall be issued within 
180 days of the date of enactment of this section. 
The Commission shall certify an MTA upon applica-
tion if it finds that the application satisfies such 
procedures and the requirements established pursu-
ant to paragraph (1). 
‘‘(3) MTA PLANNING FUNCTIONS.— 
‘‘(A) DEVELOPMENT
OF
BIENNIAL
STG 
PLAN.—Each MTA shall exercise STG trans-
mission planning functions for its respective re-
gion and produce a biennial STG transmission 
plan. The STG plan shall identify needed STG 
projects. In assessing need for STG projects, 
the MTA shall take into consideration— 
‘‘(i) transmission infrastructure re-
quired for efficient and reliable delivery of 
the output of new renewable generation re-
sources needed to satisfy State and Fed-
eral renewable energy policies and targets; 
‘‘(ii) changes in generation patterns 
expected to result from greenhouse gas 
emission policy; 
‘‘(iii) changes in demand expected to 
result from energy efficiency, distributed 
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generation, energy storage, and demand- 
side management programs; 
‘‘(iv) opportunities for grid upgrades 
to enhance grid reliability, security, and ef-
ficiency on the existing transmission sys-
tem; 
‘‘(v) areas listed under paragraph (C); 
and 
‘‘(vi) other relevant factors. 
In developing the STG plan for an interconnec-
tion, the MTA shall build on planning under-
taken by the Commission, regions, States, Fed-
eral transmitting utilities, regional transmission 
organizations, load-serving entities, independent 
system operators, utilities, regional reliability 
entities, and other parties in the interconnec-
tion; and cooperate and coordinate across re-
gions to harmonize regional electric grid plan-
ning with planning in adjacent or overlapping 
jurisdictions, to the maximum extent feasible. 
‘‘(B) INTERIM PLANNING DECISIONS.—The 
MTA shall maintain a process for expeditiously 
evaluating whether new renewable feeder lines 
proposed between the 2-year planning cycles 
should be added to the approved STG plan. 
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‘‘(C) AREAS
TO
AVOID.—MTA planning 
shall identify (in consultation with Federal and 
State land agencies, environmental groups, and 
Indian tribes) appropriate areas to be avoided 
in siting of STG projects, to the maximum ex-
tent practicable, including— 
‘‘(i) national parks, national marine 
sanctuaries, reserves, recreation areas, and 
other similar units of the National Park 
System; 
‘‘(ii) designated wilderness, designated 
wilderness study areas, and other areas 
managed for wilderness characteristics; 
‘‘(iii) national historic sites and his-
toric parks; 
‘‘(iv) inventoried roadless areas and 
significant noninventoried roadless areas 
within the National Forest System; 
‘‘(v) national monuments; 
‘‘(vi) national conservation areas; 
‘‘(vii) national wildlife refuges and 
areas of critical environmental concern; 
‘‘(viii) national historic and national 
scenic trails; 
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‘‘(ix) areas designated as critical habi-
tat; 
‘‘(x) national wild, scenic, and rec-
reational rivers; 
‘‘(xi) any area in which Federal law 
prohibits energy development; and 
‘‘(xii) any area in which applicable 
State law or Indian tribal code enacted 
prior to the date of enactment of this Act 
prohibits transmission development. 
‘‘(4) COORDINATION.—Each MTA shall, in the 
development of its STG plan, coordinate as appro-
priate with planning authorities and other interested 
parties in Canada, Mexico, ERCOT, and the other 
interconnection. 
‘‘(5) SUBMISSION AND REVIEW OF PLANS.—(A) 
Each MTA shall submit to the Commission an initial 
STG plan within 1 year of the certification of the 
MTA. Each MTA shall submit an update to its STG 
plan not later than 2 years after submission of the 
initial plan and every 2 years thereafter. 
‘‘(B)(i) The Commission shall provide an oppor-
tunity for public comment on each plan submitted by 
an MTA. 
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‘‘(ii) The Commission may modify or reject a 
plan as necessary to achieve the purposes of this sec-
tion. If the Commission modifies or rejects a plan, 
not later than 90 days after the date the plan is 
submitted by the MTA, the Commission shall pro-
vide a written opinion to the MTA that contains the 
facts and reasons supporting the action of the Com-
mission. 
‘‘(iii) If the Commission rejects a plan, the 
MTA may submit a revised plan within 90 days of 
the Commission’s rejection. 
‘‘(iv) If the Commission determines that a plan 
meets the purposes of this section, the Commission 
shall be treated as accepted. 
‘‘(6) BACKUP COMMISSION PLANNING AUTHOR-
ITY.—In the event that no MTA for the Eastern or 
Western Interconnection is certified by the Commis-
sion within 1 year of the date of enactment of this 
section, or in the event that a certified MTA does 
not timely submit an initial plan or updated plan as 
required under paragraph (5), the Commission shall 
immediately undertake the planning activities de-
scribed in paragraphs (3) and (4) and develop a plan 
for such interconnection within 1 year of initiating 
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such planning activities, in consultation with all af-
fected States within the region, as appropriate. 
‘‘(7) MULTIPLE MTAS.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (6), if more than 1 MTA is certified in 
an Interconnection, the MTA shall ensure that 
the submitted plan integrates with the other 
plans in the Interconnection. 
‘‘(B) MODIFICATION.—The Commission 
shall modify the plans submitted under para-
graph (5), as necessary, to ensure that plans 
established under this section are integrated. 
‘‘(C) BACKUP
PLANNING
FOR
MULTIPLE 
MTAS.—In the event that any State or group of 
States does not participate in a certified MTA 
process, the Commission shall assume planning 
responsibilities on behalf of such State or group 
of States, consistent with the authorities under 
paragraph (6). 
‘‘(8) RECOVERY OF COSTS ASSOCIATED WITH 
INTERCONNECTION-WIDE STG PLANNING.— 
‘‘(A) IN GENERAL.—An MTA and a par-
ticipating State shall be permitted to recover 
prudently incurred costs to carry out the plan-
ning activities required under this subsection 
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pursuant to a Federal transmission surcharge 
that shall be established by the Commission in 
accordance with this paragraph for the pur-
poses of carrying out this section. 
‘‘(B) SURCHARGE PROPOSALS.—An MTA 
shall— 
‘‘(i) propose a Federal transmission 
surcharge based on a formula rate that is 
submitted to the Commission for approval; 
and 
‘‘(ii) adjust the formula and surcharge 
on an annual basis. 
‘‘(C) COST RESPONSIBILITY.—Cost respon-
sibility under each surcharge shall be assigned 
based on energy usage to all load-serving enti-
ties covered by the MTA. 
‘‘(D) LIMITATION.—The total amount of 
surcharges that may be imposed or collected na-
tionally under this paragraph shall not exceed 
$80,000,000 for any calendar year. 
‘‘(c) COST ALLOCATION.— 
‘‘(1) PURPOSES.—The purposes of this sub-
section are— 
‘‘(A) to ensure that the costs of STG 
projects are borne widely by all beneficiaries of 
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new transmission and are not borne dispropor-
tionately by ratepayers or generators in specific 
areas; and 
‘‘(B) to promote the national interest in an 
STG project in accordance with the purposes of 
this section. 
‘‘(2) SUBMISSION.—In conjunction with the 
submission of a transmission plan under subsection 
(b)(5), all MTAs within an Interconnection may sub-
mit jointly a single integrated Interconnection-wide 
cost allocation methodology to the Commission for 
allocating the STG costs under this section. 
‘‘(3) ACTION BY COMMISSION.—Not later than 
120 days after the date of receipt of a proposed cost 
allocation methodology submitted under paragraph 
(2), the Commission shall— 
‘‘(A) provide notice and an opportunity for 
a hearing; 
‘‘(B) evaluate the proposal; and 
‘‘(C)(i) approve the proposal if the Com-
mission finds that the proposed cost allocation 
would result in just and reasonable rates that 
promote the purposes of this section (including 
this subsection); or 
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‘‘(B) the cost allocation methodology shall 
be presumed lawful under section 205 on filing, 
without notice or further opportunity for com-
ment or hearing. 
‘‘(7) APPLICABILITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), the authority of the Commis-
sion under subsections (b) and (c) to approve 
transmission plans and to allocate costs in-
curred pursuant to the plans applies to all 
transmission providers, generators, and users, 
owners, and operators of the power system 
within the Eastern and Western Interconnec-
tions of the United States, including entities de-
scribed in section 201(f). 
‘‘(B) REGIONAL
PLANNING
ENTITIES.— 
The Commission shall have authority over re-
gional planning entities to the extent necessary 
to carry out subsections (b) and (c). 
‘‘(C) EXCLUSIONS.—(i) This subsection 
does not apply in the State of Alaska or Hawaii 
or to the ERCOT, unless the State or ERCOT 
voluntarily elects to participate in a cost alloca-
tion methodology under this section. 
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‘‘(ii) A project for which a cost allocation 
or cost recovery agreement was accepted by the 
Commission before the date of enactment of 
this part shall not be included in cost allocation 
under this section. 
‘‘(D) CREDIT
FOR
REVENUES.—Trans-
mission revenues shall be applied as a credit to 
the initial allocation of STG costs. 
‘‘(d) 
CERTIFICATION
AND
SITING
OF
STG 
PROJECTS.— 
‘‘(1) CERTIFICATE
OF
PUBLIC
CONVENIENCE 
AND NECESSITY.— 
‘‘(A) REQUIREMENT
OF
CERTIFICATE.— 
No public utility, or person which will be a pub-
lic utility upon completion of any proposed ac-
tion, shall— 
‘‘(i) construct any STG project, or 
‘‘(ii) modify an STG project pre-
viously certificated under this subsection, 
unless there is in force with respect to such 
public utility a certificate of public convenience 
and necessity issued by the Commission author-
izing such acts or operation. 
‘‘(B) ELECTIVE COVERAGE.—If any entity 
described in section 201(f) proposes to con-
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struct an STG project, such entity may elect, in 
such manner as the Commission may prescribe 
by rule, to have this subsection apply to such 
project. 
‘‘(2) APPLICATION FOR CERTIFICATE.—(A) Any 
person seeking to construct an STG project identi-
fied by an MTA may apply to the Commission for 
a certificate of public convenience and necessity for 
that project. 
‘‘(B) Application for a certificate under this 
subsection shall be made in writing to the Commis-
sion, and shall be in such form, contain such infor-
mation, and notice thereof shall be served upon such 
interested parties (including State Commissions), in 
such manner as the Commission shall, by rule, re-
quire. The Commission shall set the matter for hear-
ing and shall give notice of the hearing to interested 
persons. The Commission shall approve or deny the 
application in accordance with the procedure pro-
vided in paragraph (3). 
‘‘(3) GRANT OF CERTIFICATE.—The Commis-
sion may approve or deny a certificate under this 
subsection for construction of an STG project. A 
certificate issued under this subsection shall author-
ize the whole or any part of the operation, construc-
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tion, acquisition, or modification covered by the ap-
plication. The Commission shall issue the certificate 
if the Commission finds that the applicant is able 
and willing properly to do the acts and to perform 
the service proposed and to conform to the provi-
sions of this Act and rules of the Commission here-
under, and that the proposed operation, construc-
tion, acquisition, or modification, to the extent au-
thorized by the certificate, is or will be required by 
the present or future public convenience and neces-
sity. In evaluating certificate applications that fea-
ture joint ownership projects by multiple load-serv-
ing or wholesale entities, the Commission shall con-
sider benefits from the greater diversification of fi-
nancial risk inherent in the applications. The Com-
mission shall have the power to attach to the 
issuance of the certificate, and to the exercise of the 
rights granted thereunder, such reasonable terms 
and conditions as the public convenience and neces-
sity may require. Designation of an STG project in 
the STG plan shall constitute sufficient evidence 
that a public need exists for the project. 
‘‘(4) STATE RECOMMENDATIONS ON RESOURCE 
PROTECTION AND ROUTING.—(A) In order to pro-
tect, and mitigate damages to, natural resources af-
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fected by the development and operation of an STG 
project, each certificate issued under this subsection 
shall include conditions for such protection or miti-
gation, including recommendations related to project 
routing. Subject to subparagraph (B), such condi-
tions shall be based on recommendations received 
from State environment, land management, and nat-
ural resource agencies. 
‘‘(B) Whenever the Commission believes that 
any recommendation referred to in subparagraph 
(A) may be inconsistent with the purposes and re-
quirements of this Act or other applicable law, the 
Commission and the agencies referred to in subpara-
graph (A) shall attempt to resolve any such incon-
sistency, giving due weight to the recommendations, 
expertise, and statutory responsibilities of such 
agencies. If, after such attempt, the Commission 
does not adopt in whole or in part a recommenda-
tion of any such agency, the Commission shall pub-
lish in the Federal Register each of the following 
findings (together with a statement of the basis for 
each of the findings): 
‘‘(i) A finding that adoption of such rec-
ommendation is inconsistent with the purposes 
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and requirements of this Act or with other ap-
plicable provisions of law. 
‘‘(ii) A finding that the conditions selected 
by the Commission comply with the require-
ments of the first sentence of subparagraph 
(A). 
‘‘(5) EMISSIONS STANDARD FOR INTERCONNEC-
TION.— 
‘‘(A) RULE.—Any certificate issued under 
paragraph (3) for construction of an STG 
transmission line described in subsection (a)(4) 
(A) or (B) shall incorporate a condition that 
prohibits the direct interconnection to the STG 
transmission line by any electricity generator 
that has a greenhouse gas emission rate (in 
tons of CO2 equivalent per megawatt-hour) 
greater than that of a single-cycle natural gas- 
fired combustion turbine, as determined by rule 
by the Commission. 
‘‘(B) SUNSET.—Any certificate conditions 
adopted pursuant to subparagraph (A) shall be-
come inapplicable upon the full implementation 
of a Federal greenhouse gas regulatory program 
applicable to the electricity sector. 
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‘‘(6) RIGHT OF EMINENT DOMAIN.—When any 
holder of a certificate issued under paragraph (3) 
cannot acquire by contract, or is unable to agree 
with the owner of property on the compensation to 
be paid for, the necessary right-of-way to construct, 
operate, and maintain the project to which the cer-
tificate relates, and the necessary land or other 
property necessary to the proper operation of such 
project, it may acquire the same by the exercise of 
the right of eminent domain in the district court of 
the United States for the district in which such 
property may be located, or in the State courts. The 
practice and procedure in any action or proceeding 
for that purpose in the district court of the United 
States shall conform as nearly as may be with the 
practice and procedure in similar action or pro-
ceeding in the courts of the State where the property 
is situated. Nothing in this section shall be con-
strued to allow the holder of a certificate under 
paragraph (3), or any other person or entity, to ac-
quire by the exercise of eminent domain any prop-
erty that constitutes ‘Indian country’ under section 
1151 of title 18, United States Code, or that is oth-
erwise subject to a Federal restriction against alien-
ation, without the express written consent of the ap-
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plicable Indian tribe, tribal organization, and/or In-
dian landowner. 
‘‘(7) APPLICABILITY
OF
SECTION
216.—The 
provisions of section 216(h) and section 216(j) shall 
apply to each STG project for which a certificate is 
issued under this section in the same manner and to 
the same extent as those provisions apply to projects 
covered by section 216. Except for section 216(h) 
and section 216(j), section 216 shall not apply to 
any new STG project to which paragraph (1)(A) of 
this subsection applies, or to any project as to which 
an election has been made under paragraph (1)(B). 
‘‘(8) FEDERAL AGENCY COORDINATION.— 
‘‘(A) 
RIGHTS-OF-WAY
ON
FEDERAL 
LANDS.—With respect to any STG project, the 
functions under section 216(h) of this Act of 
the Department of Energy and the Secretary of 
Energy shall be exercised by the Commission in 
coordination with the affected land management 
agency. 
‘‘(B) NEPA REVIEW.—With respect to any 
STG project, the Commission shall be the lead 
Federal agency for purposes of Federal environ-
mental review and, in consultation with affected 
agencies, shall prepare a single environmental 
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review document that would be used as the 
basis for all decisions under Federal law related 
to the proposed project. 
‘‘(e) LONG-TERM TRANSMISSION RIGHTS FOR RE-
NEWABLE ELECTRICITY GENERATORS.—(1) It is the pol-
icy of the United States that long-term transmission 
rights, of firmness and duration sufficient to support gen-
eration investment (including project financing for new 
generation projects), shall be made available on reasonable 
terms and at reasonable cost to entities seeking to con-
struct new generation facilities using renewable energy 
technologies. 
‘‘(2) The Commission shall exercise its authority 
under this Act to prescribe such rules as it determines 
necessary or appropriate to implement the policy estab-
lished in paragraph (1) not later than 1 year after the 
date of enactment of this section, and may revise such 
rules from time to time. Such rules shall not interfere with 
existing long-term transmission rights of load-serving enti-
ties, or native load requirements established in section 
217. 
‘‘(f) COORDINATED REGIONAL GRID OPERATIONS.— 
The Commission shall encourage methods and structures 
for grid operations to better accommodate renewable en-
ergy resources, including enhanced balancing arrange-
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ments among balancing areas, expedited scheduling and 
dispatch, and improved renewable energy output fore-
casting. 
‘‘(g) PERIODIC REVIEW.—The Commission shall pe-
riodically evaluate whether STG projects identified in 
interconnection-wide STG plans are being timely con-
structed, and shall take such actions as are in its authority 
to address any identified obstacles to investment and con-
struction, and shall make any recommendations to Con-
gress on further action or authority needed to assure de-
velopment of planned STG facilities. 
‘‘(h) GEOGRAPHIC SCOPE.—This section applies to 
the contiguous States and the District of Columbia, ex-
cluding the area referred to in section 212(k)(2)(A).’’. 
(b) CONFORMING AMENDMENT.—Section 201(b) of 
the Federal Power Act (16 U.S.C. 824) is amended by 
inserting ‘‘216A’’ after ‘‘216’’ in each place it appears. 
SEC. 
102. 
FEDERAL 
FINANCIAL 
ASSISTANCE 
TO 
MULTISTATE TRANSMISSION AUTHORITIES. 
There are authorized to be appropriated to the Sec-
retary of Energy, such sums as may be necessary to pro-
vide financial assistance for the establishment and oper-
ation of multistate transmission authorities under sections 
216A(c) of the Federal Power Act. 
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TITLE II—MISCELLANEOUS 
PROVISIONS 
SEC. 201. TRANSMISSION GRID PERFORMANCE STAND-
ARDS. 
For purposes of evaluating whether smart grid tech-
nology requirements for monitoring and control of new 
transmission facilities, smart grid technology retrofit re-
quirements for monitoring and control of existing trans-
mission facilities, or transmission grid performance re-
quirements are in the public interest, the Secretary of En-
ergy, after consultation with the Federal Energy Regu-
latory Commission, shall conduct an analysis and make 
recommendations on appropriate metrics for transmission 
grid performance covering both new and existing trans-
mission grid facilities. This report shall be submitted to 
Congress within 1 year of the date of enactment of this 
Act. 
Æ 
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