H. R. 6—360
(5) will not duplicate the functions of existing transmission 
facilities or proposed facilities which are the subject of ongoing 
or approved siting and related permitting proceedings. 
(c) OTHER FUNDS.— 
(1) IN GENERAL.—In carrying out a Project under subsection 
(a) or (b), the Secretary may accept and use funds contributed 
by another entity for the purpose of carrying out the Project. 
(2) AVAILABILITY.—The contributed funds shall be available 
for expenditure for the purpose of carrying out the Project— 
(A) without fiscal year limitation; and 
(B) as if the funds had been appropriated specifically 
for that Project. 
(3) ALLOCATION OF COSTS.—In carrying out a Project under 
subsection (a) or (b), any costs of the Project not paid for 
by contributions from another entity shall be collected through 
rates charged to customers using the new transmission capa-
bility provided by the Project and allocated equitably among 
these project beneficiaries using the new transmission capa-
bility. 
(d) RELATIONSHIP TO OTHER LAWS.—Nothing in this section 
affects any requirement of— 
(1) any Federal environmental law, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
(2) any Federal or State law relating to the siting of energy 
facilities; or 
(3) any existing authorizing statutes. 
(e) SAVINGS CLAUSE.—Nothing in this section shall constrain 
or restrict an Administrator in the utilization of other authority 
delegated to the Administrator of WAPA or SWPA. 
(f) SECRETARIAL DETERMINATIONS.—Any determination made 
pursuant to subsections (a) or (b) shall be based on findings by 
the Secretary using the best available data. 
(g) MAXIMUM FUNDING AMOUNT.—The Secretary shall not 
accept and use more than $100,000,000 under subsection (c)(1) 
for the period encompassing fiscal years 2006 through 2015. 
SEC. 1223. ADVANCED TRANSMISSION TECHNOLOGIES. 
(a) DEFINITION OF ADVANCED TRANSMISSION TECHNOLOGY.—
In this section, the term ‘‘advanced transmission technology’’ means 
a technology that increases the capacity, efficiency, or reliability 
of an existing or new transmission facility, including— 
(1) high-temperature lines (including superconducting 
cables); 
(2) underground cables; 
(3) advanced conductor technology (including advanced 
composite conductors, high-temperature low-sag conductors, 
and fiber optic temperature sensing conductors); 
(4) high-capacity ceramic electric wire, connectors, and 
insulators; 
(5) optimized transmission line configurations (including 
multiple phased transmission lines); 
(6) modular equipment; 
(7) wireless power transmission; 
(8) ultra-high voltage lines; 
(9) high-voltage DC technology; 
(10) flexible AC transmission systems;
H. R. 6—361
(11) energy storage devices (including pumped hydro, com-
pressed 
air, 
superconducting 
magnetic 
energy 
storage, 
flywheels, and batteries); 
(12) controllable load; 
(13) distributed generation (including PV, fuel cells, and 
microturbines); 
(14) enhanced power device monitoring; 
(15) direct system state sensors; 
(16) fiber optic technologies; 
(17) power electronics and related software (including real 
time monitoring and analytical software); 
(18) mobile transformers and mobile substations; and 
(19) any other technologies the Commission considers 
appropriate. 
(b) AUTHORITY.—In carrying out the Federal Power Act (16 
U.S.C. 791a et seq.) and the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2601 et seq.), the Commission shall encour-
age, as appropriate, the deployment of advanced transmission tech-
nologies. 
SEC. 1224. ADVANCED POWER SYSTEM TECHNOLOGY INCENTIVE PRO-
GRAM. 
(a) PROGRAM.—The Secretary is authorized to establish an 
Advanced Power System Technology Incentive Program to support 
the deployment of certain advanced power system technologies and 
to improve and protect certain critical governmental, industrial, 
and commercial processes. Funds provided under this section shall 
be used by the Secretary to make incentive payments to eligible 
owners or operators of advanced power system technologies to 
increase power generation through enhanced operational, economic, 
and environmental performance. Payments under this section may 
only be made upon receipt by the Secretary of an incentive payment 
application establishing an applicant as either— 
(1) a qualifying advanced power system technology facility; 
or 
(2) a qualifying security and assured power facility. 
(b) INCENTIVES.—Subject to availability of funds, a payment 
of 1.8 cents per kilowatt-hour shall be paid to the owner or operator 
of a qualifying advanced power system technology facility under 
this section for electricity generated at such facility. An additional 
0.7 cents per kilowatt-hour shall be paid to the owner or operator 
of a qualifying security and assured power facility for electricity 
generated at such facility. Any facility qualifying under this section 
shall be eligible for an incentive payment for up to, but not more 
than, the first 10,000,000 kilowatt-hours produced in any fiscal 
year. 
(c) ELIGIBILITY.—For purposes of this section: 
(1) QUALIFYING
ADVANCED
POWER
SYSTEM
TECHNOLOGY 
FACILITY.—The term ‘‘qualifying advanced power system tech-
nology facility’’ means a facility using an advanced fuel cell, 
turbine, or hybrid power system or power storage system to 
generate or store electric energy. 
(2) QUALIFYING SECURITY AND ASSURED POWER FACILITY.—
The term ‘‘qualifying security and assured power facility’’ means 
a qualifying advanced power system technology facility deter-
mined by the Secretary, in consultation with the Secretary 
of Homeland Security, to be in critical need of secure, reliable,
H. R. 6—362
rapidly available, high-quality power for critical governmental, 
industrial, or commercial applications. 
(d) AUTHORIZATION.—There are authorized to be appropriated 
to the Secretary for the purposes of this section, $10,000,000 for 
each of the fiscal years 2006 through 2012. 
Subtitle C—Transmission Operation 
Improvements 
SEC. 1231. OPEN NONDISCRIMINATORY ACCESS. 
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is 
amended by inserting after section 211 (16 U.S.C. 824j) the fol-
lowing: 
‘‘SEC. 211A. OPEN ACCESS BY UNREGULATED TRANSMITTING UTILI-
TIES. 
‘‘(a) DEFINITION OF UNREGULATED TRANSMITTING UTILITY.—In 
this section, the term ‘unregulated transmitting utility’ means an 
entity that— 
‘‘(1) owns or operates facilities used for the transmission 
of electric energy in interstate commerce; and 
‘‘(2) is an entity described in section 201(f). 
‘‘(b) TRANSMISSION OPERATION SERVICES.—Subject to section 
212(h), the Commission may, by rule or order, require an unregu-
lated transmitting utility to provide transmission services— 
‘‘(1) at rates that are comparable to those that the unregu-
lated transmitting utility charges itself; and 
‘‘(2) on terms and conditions (not relating to rates) that 
are comparable to those under which the unregulated transmit-
ting utility provides transmission services to itself and that 
are not unduly discriminatory or preferential. 
‘‘(c) EXEMPTION.—The Commission shall exempt from any rule 
or order under this section any unregulated transmitting utility 
that— 
‘‘(1) sells not more than 4,000,000 megawatt hours of elec-
tricity per year; 
‘‘(2) does not own or operate any transmission facilities 
that are necessary for operating an interconnected transmission 
system (or any portion of the system); or 
‘‘(3) meets other criteria the Commission determines to 
be in the public interest. 
‘‘(d) LOCAL DISTRIBUTION FACILITIES.—The requirements of sub-
section (b) shall not apply to facilities used in local distribution. 
‘‘(e) EXEMPTION TERMINATION.—If the Commission, after an 
evidentiary hearing held on a complaint and after giving consider-
ation to reliability standards established under section 215, finds 
on the basis of a preponderance of the evidence that any exemption 
granted pursuant to subsection (c) unreasonably impairs the contin-
ued reliability of an interconnected transmission system, the 
Commission shall revoke the exemption granted to the transmitting 
utility. 
‘‘(f) APPLICATION TO UNREGULATED TRANSMITTING UTILITIES.—
The rate changing procedures applicable to public utilities under 
subsections (c) and (d) of section 205 are applicable to unregulated 
transmitting utilities for purposes of this section.