520
ments, agencies, or instrumentalities of the United States
Government.
(c) LIMITATION
ON ANNUAL APPROPRIATIONS.—
There is authorized to be appropriated not more than
$50,000,000 per year for fiscal years 2006 through 2015
for all activities under the amendment made by subsection
(a).
Subtitle B—Transmission
Infrastructure Modernization
SEC. 1221. SITING OF INTERSTATE ELECTRIC TRANS-
MISSION FACILITIES.
(a) AMENDMENT OF FEDERAL POWER ACT.—Part
II of the Federal Power Act is amended by adding at the
end the following:
‘‘SEC. 216. SITING OF INTERSTATE ELECTRIC TRANS-
MISSION FACILITIES.
‘‘(a) DESIGNATION OF NATIONAL INTEREST ELEC-
TRIC TRANSMISSION CORRIDORS.—
‘‘(1) TRANSMISSION
CONGESTION
STUDY.—
Within 1 year after the enactment of this section,
and every 3 years thereafter, the Secretary of En-
ergy, in consultation with affected States, shall con-
duct a study of electric transmission congestion.
After considering alternatives and recommendations
from interested parties, including an opportunity for
521
comment from affected States, the Secretary shall
issue a report, based on such study, which may des-
ignate any geographic area experiencing electric en-
ergy transmission capacity constraints or congestion
that adversely affects consumers as a national inter-
est electric transmission corridor. The Secretary
shall conduct the study and issue the report in con-
sultation with any appropriate regional entity ref-
erenced in section 215 of this Act.
‘‘(2) CONSIDERATIONS.—In determining wheth-
er to designate a national interest electric trans-
mission corridor referred to in paragraph (1) under
this section, the Secretary may consider whether—
‘‘(A) the economic vitality and development
of the corridor, or the end markets served by
the corridor, may be constrained by lack of ade-
quate or reasonably priced electricity;
‘‘(B)(i) economic growth in the corridor, or
the end markets served by the corridor, may be
jeopardized by reliance on limited sources of en-
ergy; and
‘‘(ii) a diversification of supply is war-
ranted;
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‘‘(C) the energy independence of the
United States would be served by the designa-
tion;
‘‘(D) the designation would be in the inter-
est of national energy policy; and
‘‘(E) the designation would enhance na-
tional defense and homeland security.
‘‘(b) CONSTRUCTION PERMIT.—Except as provided
in subsection (i), the Commission is authorized, after no-
tice and an opportunity for hearing, to issue a permit or
permits for the construction or modification of electric
transmission facilities in a national interest electric trans-
mission corridor designated by the Secretary under sub-
section (a) if the Commission finds that—
‘‘(1)(A) a State in which the transmission fa-
cilities are to be constructed or modified is without
authority to—
‘‘(i) approve the siting of the facilities; or
‘‘(ii) consider the interstate benefits ex-
pected to be achieved by the proposed construc-
tion or modification of transmission facilities in
the State;
‘‘(B) the applicant for a permit is a transmit-
ting utility under this Act but does not qualify to
apply for a permit or siting approval for the pro-
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posed project in a State because the applicant does
not serve end-use customers in the State; or
‘‘(C) a State commission or other entity that
has authority to approve the siting of the facilities
has—
‘‘(i) withheld approval for more than 1
year after the filing of an application pursuant
to applicable law seeking approval or 1 year
after the designation of the relevant national in-
terest electric transmission corridor, whichever
is later; or
‘‘(ii) conditioned its approval in such a
manner that the proposed construction or modi-
fication will not significantly reduce trans-
mission congestion in interstate commerce or is
not economically feasible;
‘‘(2) the facilities to be authorized by the per-
mit will be used for the transmission of electric en-
ergy in interstate commerce;
‘‘(3) the proposed construction or modification
is consistent with the public interest;
‘‘(4) the proposed construction or modification
will significantly reduce transmission congestion in
interstate commerce and protects or benefits con-
sumers; and