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less than 4,000,000 megawatt hours of electricity per 
year,’’. 
Subtitle J—Technical and 
Conforming Amendments 
SEC. 1297. CONFORMING AMENDMENTS. 
The Federal Power Act is amended as follows: 
(1) Section 201(b)(2) of such Act (16 U.S.C. 
824(b)(2)) is amended as follows: 
(A) In the first sentence by striking ‘‘210, 
211, and 212’’ and inserting ‘‘203(a)(2), 
206(e), 210, 211, 211A, 212, 215, 216, 217, 
218, 219, 220, 221, and 222’’. 
(B) In the second sentence by striking 
‘‘210 or 211’’ and inserting ‘‘203(a)(2), 206(e), 
210, 211, 211A, 212, 215, 216, 217, 218, 219, 
220, 221, and 222’’. 
(C) Section 201(b)(2) of such Act is 
amended by striking ‘‘The’’ in the first place it 
appears and inserting ‘‘Notwithstanding section 
201(f), the’’ and in the second sentence after 
‘‘any order’’ by inserting ‘‘or rule’’. 
(2) Section 201(e) of such Act is amended by 
striking ‘‘210, 211, or 212’’ and inserting ‘‘206(e), 
206(f), 210, 211, 211A, 212, 215, 216, 217, 218, 
219, 220, 221, and 222’’.
526
(3) Section 206 of such Act (16 U.S.C. 824e) 
is amended as follows: 
(A) In subsection (b), in the seventh sen-
tence, by striking ‘‘the public utility to make’’. 
(B) In the first sentence of subsection (a), 
by striking ‘‘hearing had’’ and inserting ‘‘hear-
ing held’’. 
(4) Section 211(c) of such Act (16 U.S.C. 
824j(c)) is amended by—
(A) striking ‘‘(2)’’; 
(B) striking ‘‘(A)’’ and inserting ‘‘(1)’’; 
(C) striking ‘‘(B)’’ and inserting ‘‘(2)’’; 
and 
(D) striking ‘‘termination of modification’’ 
and inserting ‘‘termination or modification’’. 
(5) Section 211(d)(1) of such Act (16 U.S.C. 
824j(d)(1)) is amended by striking ‘‘electric utility’’ 
the second time it appears and inserting ‘‘transmit-
ting utility’’. 
(6) Section 315 (c) of such Act (16 U.S.C. 
825n(c)) is amended by striking ‘‘subsection’’ and 
inserting ‘‘section’’.
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Subtitle K—Economic Dispatch 
SEC. 1298. ECONOMIC DISPATCH. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 223. JOINT BOARD ON ECONOMIC DISPATCH. 
‘‘(a) IN GENERAL.—The Commission shall convene 
a joint board pursuant to section 209 of this Act to study 
the issue of security constrained economic dispatch for a 
market region. 
‘‘(b) MEMBERSHIP.—The Commission shall request 
each State to nominate a representative for such joint 
board. 
‘‘(c) POWERS.—The board’s sole authority shall be 
to consider issues relevant to what constitutes ‘security 
constrained economic dispatch’ and how such a mode of 
operating an electric energy system affects or enhances the 
reliability and affordability of service to customers. 
‘‘(d) REPORT TO THE CONGRESS.—The board shall 
issue a report on these matters within one year of enact-
ment of this section, including any consensus rec-
ommendations for statutory or regulatory reform.’’.
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TITLE XIV—MISCELLANEOUS 
Subtitle C—Other Provisions 
SEC. 1441. CONTINUATION OF TRANSMISSION SECURITY 
ORDER. 
Department of Energy Order No. 202–03–2, issued 
by the Secretary of Energy on August 28, 2003, shall re-
main in effect unless rescinded by Federal statute. 
SEC. 1442. REVIEW OF AGENCY DETERMINATIONS. 
Section 7 of the Natural Gas Act (15 U.S.C. 717f) 
is amended by adding at the end the following: 
‘‘(i)(1) The United States Court of Appeals for the 
District of Columbia Circuit shall have original and exclu-
sive jurisdiction over any civil action—
‘‘(A) for review of any order or action of any 
Federal or State administrative agency or officer to 
issue, condition, or deny any permit, license, concur-
rence, or approval issued under authority of any 
Federal law, other than the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1451 et seq.), required 
for the construction of a natural gas pipeline for 
which a certificate of public convenience and neces-
sity is issued by the Commission under this section; 
‘‘(B) alleging unreasonable delay by any Fed-
eral or State administrative agency or officer in en-
529
tering an order or taking other action described in 
subparagraph (A); or 
‘‘(C) challenging any decision made or action 
taken under this subsection. 
‘‘(2)(A) If the Court finds that the order, action, or 
failure to act is not consistent with the public convenience 
and necessity (as determined by the Commission under 
this section), or would prevent the construction and oper-
ation of natural gas facilities authorized by the certificate 
of public convenience and necessity, the permit, license, 
concurrence, or approval that is the subject of the order, 
action, or failure to act shall be deemed to have been 
issued subject to any conditions set forth in the reviewed 
order or action that the Court finds to be consistent with 
the public convenience and necessity. 
‘‘(B) For purposes of paragraph (1)(B), the failure 
of an agency or officer to issue any such permit, license, 
concurrence, or approval within the later of 1 year after 
the date of filing of an application for the permit, license, 
concurrence, or approval or 60 days after the date of 
issuance of the certificate of public convenience and neces-
sity under this section, shall be considered to be unreason-
able delay unless the Court, for good cause shown, deter-
mines otherwise.
530
‘‘(C) The Court shall set any action brought under 
paragraph (1) for expedited consideration.’’. 
SEC. 1443. ATTAINMENT DATES FOR DOWNWIND OZONE 
NONATTAINMENT AREAS. 
Section 181 of the Clean Air Act (42 U.S.C.7511) 
is amended by adding the following new subsection at the 
end thereof: 
‘‘(d) EXTENDED ATTAINMENT DATE FOR CERTAIN 
DOWNWIND AREAS.—
‘‘(1) DEFINITIONS.—(A) The term ‘upwind 
area’ means an area that—
‘‘(i) significantly contributes to nonattain-
ment in another area, hereinafter referred to as 
a ‘downwind area’; and 
‘‘(ii) is either—
‘‘(I) a nonattainment area with a later 
attainment date than the downwind area, 
or 
‘‘(II) an area in another State that 
the Administrator has found to be signifi-
cantly contributing to nonattainment in 
the downwind area in violation of section 
110(a)(2)(D) and for which the Adminis-
trator 
has 
established 
requirements 
through notice and comment rulemaking to
531
eliminate the emissions causing such sig-
nificant contribution. 
‘‘(B) The term ‘current classification’ means 
the classification of a downwind area under this sec-
tion at the time of the determination under para-
graph (2). 
‘‘(2) EXTENSION.—If the Administrator—
‘‘(A) determines that any area is a down-
wind area with respect to a particular national 
ambient air quality standard for ozone; and 
‘‘(B) approves a plan revision for such 
area as provided in paragraph (3) prior to a re-
classification under subsection (b)(2)(A), 
the Administrator, in lieu of such reclassification, 
shall extend the attainment date for such downwind 
area for such standard in accordance with paragraph 
(5). 
‘‘(3) REQUIRED APPROVAL.—In order to extend 
the attainment date for a downwind area under this 
subsection, the Administrator must approve a revi-
sion of the applicable implementation plan for the 
downwind area for such standard that—
‘‘(A) complies with all requirements of this 
Act applicable under the current classification 
of the downwind area, including any require-
532
ments applicable to the area under section 
172(c) for such standard; and 
‘‘(B) includes any additional measures 
needed to demonstrate attainment by the ex-
tended attainment date provided under this 
subsection. 
‘‘(4) PRIOR
RECLASSIFICATION
DETERMINA-
TION.—If, no more than 18 months prior to the date 
of enactment of this subsection, the Administrator 
made a reclassification determination under sub-
section (b)(2)(A) for any downwind area, and the 
Administrator approves the plan revision referred to 
in paragraph (3) for such area within 12 months 
after the date of enactment of this subsection, the 
reclassification shall be withdrawn and the attain-
ment date extended in accordance with paragraph 
(5) upon such approval. The Administrator shall 
also withdraw a reclassification determination under 
subsection (b)(2)(A) made after the date of enact-
ment of this subsection and extend the attainment 
date in accordance with paragraph (5) if the Admin-
istrator approves the plan revision referred to in 
paragraph (3) within 12 months of the date the re-
classification 
determination 
under 
subsection 
(b)(2)(A) is issued. In such instances the ‘current
533
classification’ used for evaluating the revision of the 
applicable implementation plan under paragraph (3) 
shall be the classification of the downwind area 
under this section immediately prior to such reclassi-
fication. 
‘‘(5) EXTENDED DATE.—The attainment date 
extended under this subsection shall provide for at-
tainment of such national ambient air quality stand-
ard for ozone in the downwind area as expeditiously 
as practicable but no later than the date on which 
the last reductions in pollution transport necessary 
for attainment in the downwind area are required to 
be achieved by the upwind area or areas.’’. 
SEC. 1444. ENERGY PRODUCTION INCENTIVES. 
(a) IN GENERAL.—A State may provide to any enti-
ty—
(1) a credit against any tax or fee owed to the 
State under a State law, or 
(2) any other tax incentive, 
determined by the State to be appropriate, in the amount 
calculated under and in accordance with a formula deter-
mined by the State, for production described in subsection 
(b) in the State by the entity that receives such credit or 
such incentive.
534
(b) ELIGIBLE ENTITIES.—Subsection (a) shall apply 
with respect to the production in the State of—
(1) electricity from coal mined in the State and 
used in a facility, if such production meets all appli-
cable Federal and State laws and if such facility 
uses scrubbers or other forms of clean coal tech-
nology, 
(2) electricity from a renewable source such as 
wind, solar, or biomass, or 
(3) ethanol. 
(c) EFFECT ON INTERSTATE COMMERCE.—Any ac-
tion taken by a State in accordance with this section with 
respect to a tax or fee payable, or incentive applicable, 
for any period beginning after the date of the enactment 
of this Act shall—
(1) be considered to be a reasonable regulation 
of commerce; and 
(2) not be considered to impose an undue bur-
den on interstate commerce or to otherwise impair, 
restrain, or discriminate, against interstate com-
merce. 
SEC. 1446. REGULATION OF CERTAIN OIL USED IN TRANS-
FORMERS. 
Notwithstanding any other provision of law, or rule 
promulgated by the Environmental Protection Agency,
535
vegetable oil made from soybeans and used in electric 
transformers as thermal insulation shall not be regulated 
as an oil as defined under section 2(a)(1)(A) of the Edible 
Oil Regulatory Reform Act (33 U.S.C. 2720(a)(1)(A)). 
SEC. 1447. RISK ASSESSMENTS. 
Subtitle B of title XXX of the Energy Policy Act of 
1992 is amended by adding at the end the following new 
section: 
‘‘SEC. 3022. RISK ASSESSMENT. 
‘‘Federal agencies conducting assessments of risks to 
human health and the environment from energy tech-
nology, production, transport, transmission, distribution, 
storage, use, or conservation activities shall use sound and 
objective scientific practices in assessing such risks, shall 
consider the best available science (including peer reviewed 
studies), and shall include a description of the weight of 
the scientific evidence concerning such risks.’’. 
SEC. 1448. OXYGEN-FUEL. 
(a) PROGRAM.—The Secretary of Energy shall estab-
lish a program on oxygen-fuel systems. If feasible, the pro-
gram shall include renovation of at least one existing large 
unit and one existing small unit, and construction of one 
new large unit and one new small unit. Cost sharing shall 
not be required.