‘‘(B) measures to be undertaken to enable 
cost-effective implementation of the small mod-
ular reactor project; 
‘‘(C) an accounting structure approved by 
the Secretary; 
‘‘(D) all known assets that shall be con-
tributed to satisfy the cost-sharing requirement 
under paragraph (6); and 
‘‘(E) the extent to which the proposal will 
increase domestic manufacturing activity, ex-
ports, or employment. 
‘‘(6) COST SHARING.—Notwithstanding section 
988, the Secretary shall require the parties to a co-
operative agreement under this subsection to be re-
sponsible for not less than 50 percent of the costs 
of the small modular reactor project. 
‘‘(7) 
CALCULATION
OF
COST
SHARING 
AMOUNT.—A recipient of financial assistance under 
this section may not satisfy the cost sharing require-
ment under paragraph (6) by using funds received 
from the Federal Government through appropriation 
Acts. 
‘‘(8) PROJECT SELECTION CRITERIA.—The Sec-
retary shall consider the following factors in entering 
into a cooperative agreement under this subsection: 
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‘‘(A) The domestic manufacturing capabili-
ties of the parties to the cooperative agreement 
and their partners and suppliers. 
‘‘(B) The viability of the reactor design 
and the business plan or plans of the parties to 
the cooperative agreement. 
‘‘(C) The parties to the cooperative agree-
ment’s potential to continue the development of 
small modular reactors without Federal sub-
sidies or loan guarantees. 
‘‘(D) The cost share to be provided. 
‘‘(E) The degree to which the following 
goals will be advanced: 
‘‘(i) Lower capital costs or increased 
access to private financing in comparison 
to current large reactor designs. 
‘‘(ii) Reduced long-term radiotoxicity, 
mass, or decay heat of the nuclear waste 
produced by generation. 
‘‘(iii) Increased operating safety of 
nuclear facilities. 
‘‘(iv) Reduced dependence of reactor 
systems on water resources. 
‘‘(v) Increased seismic resistance of 
nuclear generation. 
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‘‘(vi) 
Reduced 
proliferation 
risks 
through integrated safeguards and security 
proliferation controls. 
‘‘(vii) Increased efficiency in reactor 
manufacturing and construction.’’. 
SEC. 306. CONVENTIONAL IMPROVEMENTS TO NUCLEAR 
POWER PLANTS. 
Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is further amended by adding at the end 
the following new subsection: 
‘‘(e) CONVENTIONAL IMPROVEMENTS TO NUCLEAR 
POWER PLANTS.— 
‘‘(1) IN GENERAL.—The Secretary may carry 
out a Nuclear Energy Research Initiative for re-
search and development related to steam-side im-
provements to nuclear power plants to promote the 
research, development, demonstration, and commer-
cial application of— 
‘‘(A) cooling systems; 
‘‘(B) turbine technologies; 
‘‘(C) heat exchangers and pump design; 
‘‘(D) special coatings to improve lifetime of 
components and performance of heat exchang-
ers; and 
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‘‘(E) advanced power conversion systems 
for advanced reactor technologies. 
‘‘(2) ADMINISTRATION.—The Secretary may 
undertake initiatives under this subsection only when 
the goals are relevant and proper to enhance the 
performance of technologies developed under sub-
section (c). Not more than $10,000,000 of funds au-
thorized for this section may be used for carrying 
out this subsection.’’. 
SEC. 307. FUEL CYCLE RESEARCH AND DEVELOPMENT. 
(a) AMENDMENTS.—Section 953 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16273) is amended— 
(1) in the section heading by striking ‘‘AD-
VANCED FUEL CYCLE INITIATIVE’’ and inserting 
‘‘FUEL CYCLE RESEARCH AND DEVELOPMENT’’; 
(2) by striking subsection (a); 
(3) by redesignating subsections (b) through (d) 
as subsections (e) through (g), respectively; and 
(4) by inserting before subsection (e), as so re-
designated by paragraph (3) of this subsection, the 
following new subsections: 
‘‘(a) IN GENERAL.—The Secretary shall conduct a 
fuel cycle research, development, demonstration, and com-
mercial application program (referred to in this section as 
the ‘program’) on fuel cycle options that improve uranium 
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resource utilization, maximize energy generation, minimize 
nuclear waste creation, improve safety, mitigate risk of 
proliferation, and improve waste management in support 
of a national strategy for spent nuclear fuel and the reac-
tor concepts research, development, demonstration, and 
commercial application program under section 952(c). 
‘‘(b) FUEL CYCLE OPTIONS.—Under this section the 
Secretary may consider implementing the following initia-
tives: 
‘‘(1) OPEN CYCLE.—Developing fuels, including 
the use of nonuranium materials, for use in reactors 
that increase energy generation and minimize the 
amount of nuclear waste produced in an open fuel 
cycle. 
‘‘(2) MODIFIED OPEN CYCLE.—Developing fuel 
forms, reactors, and limited separation and trans-
mutation methods that increase fuel utilization and 
reduce nuclear waste in a modified open fuel cycle. 
‘‘(3) FULL RECYCLE.—Developing advanced re-
cycling technologies, including Generation IV Reac-
tors, to reduce the risk of proliferation, radiotoxicity, 
mass, and decay heat to the greatest extent possible. 
‘‘(4) ADVANCED
STORAGE
METHODS.—Devel-
oping advanced storage technologies for both onsite 
and long-term storage that substantially prolong the 
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effective life of current storage devices or that sub-
stantially improve upon existing nuclear waste stor-
age technologies and methods, including repositories. 
‘‘(5) ALTERNATIVE
AND
DEEP
BOREHOLE 
STORAGE METHODS.—Developing alternative storage 
methods for long-term storage, including deep 
boreholes into stable crystalline rock formations and 
mined repositories in a range of geologic media. 
‘‘(6) OTHER TECHNOLOGIES.—Developing any 
other technology or initiative that the Secretary de-
termines is likely to advance the objectives of the 
program established under subsection (a). 
‘‘(c) ADDITIONAL
ADVANCED
RECYCLING
AND 
CROSSCUTTING ACTIVITIES.—In addition to and in sup-
port of the specific initiatives described in paragraphs (1) 
through (6), the Secretary may support the following ac-
tivities: 
‘‘(1) Development and testing of integrated 
process flow sheets for advanced nuclear fuel recy-
cling processes. 
‘‘(2) Research to characterize the byproducts 
and waste streams resulting from fuel recycling 
processes. 
‘‘(3) Research and development on reactor con-
cepts or transmutation technologies that improve re-
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source utilization or reduce the radiotoxicity of waste 
streams. 
‘‘(4) Research and development on waste treat-
ment processes and separations technologies, ad-
vanced waste forms, and quantification of prolifera-
tion risks. 
‘‘(5) Identification and evaluation of test and 
experimental facilities necessary to successfully im-
plement the advanced fuel cycle initiative. 
‘‘(6) Advancement of fuel cycle-related modeling 
and simulation capabilities. 
‘‘(d) BLUE RIBBON COMMISSION REPORT.— 
‘‘(1) In carrying out this section, the Secretary 
shall give consideration to the final report on a long- 
term nuclear waste solution produced by the Blue 
Ribbon Commission on America’s Nuclear Future. 
‘‘(2) Not later than 180 days after the release 
of the Blue Ribbon Commission on America’s Nu-
clear Future final report, the Secretary shall trans-
mit to Congress a report, which shall include— 
‘‘(A) any plans the Department may have 
to incorporate any relevant recommendations 
from this report into the program; and 
‘‘(B) how those recommendations for long- 
term nuclear waste solutions that will be incor-
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porated into the plan compare with plans for a 
long-term nuclear waste solution of a repository 
at Yucca Mountain, that may or may not be in-
corporated into the plan, with regard to the 
safety, security, legal, cost, and technological 
and site readiness factors associated with any 
recommendations related to final disposition 
pathways for spent nuclear fuel and high-level 
radioactive waste to the same factors associated 
with permanent deep geological disposal at the 
Yucca Mountain waste repository. 
‘‘(3) The analysis described in paragraph 
(2)(B) shall be conducted using scientific and tech-
nical materials and information used to support pol-
icy actions related to the Yucca Mountain project.’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 953 in the table of contents of the Energy Policy 
Act of 2005 is amended to read as follows: 
‘‘Sec. 953. Fuel cycle research and development.’’. 
SEC. 308. NUCLEAR ENERGY ENABLING TECHNOLOGIES 
PROGRAM. 
(a) AMENDMENT.—Subtitle E of title IX of the En-
ergy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is 
amended by adding at the following new section: 
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‘‘SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES. 
‘‘(a) IN GENERAL.—The Secretary shall conduct a 
program to support the integration of activities under-
taken through the reactor concepts research, development, 
demonstration, and commercial application program under 
section 952(c) and the fuel cycle research and development 
program under section 953, and support crosscutting nu-
clear energy concepts. Activities commenced under this 
section shall be concentrated on broadly applicable re-
search and development focus areas. 
‘‘(b) ACTIVITIES.—Activities conducted under this 
section may include research involving— 
‘‘(1) advanced reactor materials; 
‘‘(2) advanced radiation mitigation methods; 
‘‘(3) advanced proliferation and security risk 
assessment methods; 
‘‘(4) advanced sensors and instrumentation; 
‘‘(5) advanced nuclear manufacturing methods; 
or 
‘‘(6) any crosscutting technology or trans-
formative concept aimed at establishing substantial 
and revolutionary enhancements in the performance 
of future nuclear energy systems that the Secretary 
considers relevant and appropriate to the purpose of 
this section. 
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‘‘(c) REPORT.—The Secretary shall submit, as part 
of the annual budget submission of the Department, a re-
port on the activities of the program conducted under this 
section, which shall include a brief evaluation of each ac-
tivity’s progress.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Energy Policy Act of 2005 is amended by 
adding at the end of the items for subtitle E of title IX 
the following new item: 
‘‘Sec. 958. Nuclear energy enabling technologies.’’. 
SEC. 309. EMERGENCY RISK ASSESSMENT AND PREPARED-
NESS REPORT. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall transmit to the Congress 
a report summarizing quantitative risks associated with 
the potential of a severe accident arising from the use of 
civilian nuclear energy technology, including reactor tech-
nology deployed or likely to be deployed as of the date 
of enactment of this Act, and outlining the technologies 
currently available to mitigate the consequences of such 
an accident. The report shall include recommendations of 
areas of technological development that should be pursued 
to reduce the potential public harm arising from such an 
incident. 
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SEC. 310. NEXT GENERATION NUCLEAR PLANT. 
(a) 
PROTOTYPE
PLANT
LOCATION.—Section 
642(b)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
16022(b)(3)) is amended to read as follows: 
‘‘(3) PROTOTYPE PLANT LOCATION.—The pro-
totype nuclear reactor and associated plant shall be 
constructed at a location determined by the consor-
tium through an open and transparent competitive 
selection process.’’. 
(b) REPORT.— 
(1) REQUIREMENT.—Not later than 1 year 
after the date of enactment of this Act, the Comp-
troller General shall transmit to the Congress a re-
port providing a status update of the Next Genera-
tion Nuclear Plant program that provides analysis 
of— 
(A) its progress; 
(B) how Federal funds appropriated for 
the project have been distributed and spent; 
and 
(C) the current and expected participation 
by non-Federal entities. 
(2) CONTENTS.—The report shall include— 
(A) an analysis of the proposed facility’s 
technical capabilities and remaining techno-
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logical development challenges, and a cost esti-
mate and construction schedule; 
(B) an assessment of the advantages and 
disadvantages of funding a pilot-scale research 
reactor project in lieu of a full-scale commercial 
power reactor; 
(C) an assessment of alternative construc-
tion sites proposed by private industry; 
(D) an assessment of the extent to which 
the Department of Energy is working with in-
dustry and the Nuclear Regulatory Commission 
to ensure that the Next Generation Nuclear 
Plant program meets industry expectations for 
long-term application of technologies and ad-
dresses potential licensing procedures for de-
ployment; 
(E) an assessment of the known or antici-
pated challenges to securing private non-Fed-
eral cost share funds and any measures to over-
come these challenges, including any alternative 
funding approaches such as front loading the 
Federal share; 
(F) an assessment of project risks, includ-
ing those related to— 
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(i) project scope, schedule, and re-
sources; 
(ii) the formation of partnerships or 
agreements between the Department and 
the private sector necessary for the 
project’s success; and 
(iii) the Department’s capabilities to 
identify and manage such risks; and 
(G) an assessment of what is known about 
the potential impact of natural gas and other 
fossil fuel prices on private entity participation 
in the project. 
SEC. 311. TECHNICAL STANDARDS COLLABORATION. 
(a) IN GENERAL.—The Director of the National In-
stitute of Standards and Technology shall establish a nu-
clear energy standards committee (in this section referred 
to as the ‘‘technical standards committee’’) to facilitate 
and support, consistent with the National Technology 
Transfer and Advancement Act of 1995, the development 
or revision of technical standards for new and existing nu-
clear power plants and advanced nuclear technologies. 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—The technical standards 
committee shall include representatives from appro-
priate Federal agencies and the private sector, and 
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be open to materially affected organizations involved 
in the development or application of nuclear energy- 
related standards. 
(2) CO-CHAIRS.—The technical standards com-
mittee shall be co-chaired by a representative from 
the National Institute of Standards and Technology 
and a representative from a private sector standards 
organization. 
(c) DUTIES.—The technical standards committee 
shall, in cooperation with appropriate Federal agencies— 
(1) perform a needs assessment to identify and 
evaluate the technical standards that are needed to 
support nuclear energy, including those needed to 
support new and existing nuclear power plants and 
advanced nuclear technologies; 
(2) formulate, coordinate, and recommend pri-
orities for the development of new technical stand-
ards and the revision of existing technical standards 
to address the needs identified under paragraph (1); 
(3) facilitate and support collaboration and co-
operation among standards developers to address the 
needs and priorities identified under paragraphs (1) 
and (2); 
(4) as appropriate, coordinate with other na-
tional, regional, or international efforts on nuclear 
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energy-related technical standards in order to avoid 
conflict and duplication and to ensure global com-
patibility; and 
(5) promote the establishment and maintenance 
of a database of nuclear energy-related technical 
standards. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $1,000,000 for each of 
fiscal years 2012 through 2014 to the Director of the Na-
tional Institute for Standards and Technology for activi-
ties under this section. 
SEC. 312. EVALUATION OF LONG-TERM OPERATING NEEDS. 
(a) IN GENERAL.—The Secretary of Energy shall 
enter into an arrangement with the National Academies 
to conduct an evaluation of the scientific and technological 
challenges to the long-term maintenance and safe oper-
ation of currently deployed nuclear power reactors up to 
and beyond the specified design-life of reactor systems. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall transmit to 
the Congress, and make publically available, the results 
of the evaluation undertaken by the Academies pursuant 
to subsection (a). 
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SEC. 313. AVAILABLE FACILITIES DATABASE. 
The Secretary of Energy shall prepare a database of 
non-Federal user facilities receiving Federal funds that 
may be used for unclassified nuclear energy research.
The Secretary shall make this database accessible on the 
Department of Energy’s Web site. 
SEC. 314. NUCLEAR WASTE DISPOSAL. 
To the extent consistent with the requirements of 
current law, the Department of Energy shall be respon-
sible for disposal of high-level radioactive waste or spent 
nuclear fuel generated by reactors under the programs au-
thorized in this title, or the amendments made by this 
title. 
TITLE 
IV—ENERGY 
TRANS-
MISSION BARRIERS AND OP-
PORTUNITIES 
SEC. 401. SITING OF INTERSTATE ELECTRIC TRANSMISSION 
FACILITIES. 
Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended to read as follows: 
‘‘SEC. 216. SITING OF INTERSTATE ELECTRIC TRANS-
MISSION FACILITIES. 
‘‘(a) POLICY.—It is the policy of the United States 
that the national interstate transmission system should be 
guided by the goal of maximizing the net benefits of the 
electricity system, taking into consideration— 
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‘‘(1) support for the development of new renew-
able energy generation capacity, including renewable 
energy generation located distant from load centers 
and other location-constrained resources; 
‘‘(2) opportunities for reduced emissions from 
regional power production; 
‘‘(3) cost savings resulting from— 
‘‘(A) reduced transmission congestion; 
‘‘(B) 
enhanced 
opportunities 
for 
intraregional 
and 
interregional 
electricity 
trades; 
‘‘(C) reduced line losses; 
‘‘(D) generation resource-sharing; and 
‘‘(E) enhanced fuel diversity; 
‘‘(4) reliability benefits, including satisfying re-
liability standards and guidelines for resource ade-
quacy and system security; 
‘‘(5) diversification of risk relating to events af-
fecting fuel supply or generating resources in a par-
ticular region; 
‘‘(6) the enhancement of competition in elec-
tricity markets and mitigation of market power; 
‘‘(7) the ability to collocate facilities on existing 
rights-of-way; 
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‘‘(8) competing land use priorities, including 
land protected under Federal or State law; 
‘‘(9) the requirements of section 217(b)(4); and 
‘‘(10) the contribution of demand side manage-
ment (including energy efficiency and demand re-
sponse), energy storage, distributed generation re-
sources, and smart grid investments. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) HIGH-PRIORITY NATIONAL TRANSMISSION 
PROJECT.—The term ‘high-priority national trans-
mission project’ means an overhead or underground 
transmission facility, consisting of conductors or ca-
bles, towers, manhole duct systems, phase shifting 
transformers, reactors, capacitors, and any ancillary 
facilities and equipment necessary for the proper op-
eration of the facility, that— 
‘‘(A)(i) operates at or above a voltage of— 
‘‘(I) 345 kilovolts alternating current; 
or 
‘‘(II) 300 kilovolts direct current; 
‘‘(ii) is a very high current conductor or 
superconducting cable that operates at or above 
a power equivalent to the power of a conven-
tional transmission cable operating at or above 
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345 kilovolts alternating current or 300 kilo-
volts direct current; or 
‘‘(iii) is a renewable feeder line that trans-
mits electricity directly to a transmission facil-
ity under clause (i) or (ii); and 
‘‘(B) is included in a regional plan pursu-
ant to subsection (c). 
‘‘(2) INDIAN
LAND.—The term ‘Indian land’ 
means land— 
‘‘(A) the title to which is held by the 
United States in trust for an Indian tribe or in-
dividual Indian; or 
‘‘(B) that is held by an Indian tribe or in-
dividual Indian subject to a restriction by the 
United States against alienation or encum-
brance. 
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional or village corporation (as de-
fined in or established pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et 
seq.)), which is recognized as eligible for the special 
programs and services provided by the United States 
to Indians because of their status as Indians. 
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‘‘(4) LOAD-SERVING ENTITY.—Except as other-
wise provided in this section, the term ‘load-serving 
entity’ means any person, Federal, State, or local 
agency or instrumentality, or electric cooperative 
that delivers electric energy to end-use customers. 
‘‘(5) LOCATION-CONSTRAINED RESOURCE.— 
‘‘(A) IN
GENERAL.—The term ‘location- 
constrained resource’ means a low-carbon re-
source used to produce electricity that is geo-
graphically constrained such that the resource 
cannot be relocated to an existing transmission 
line. 
‘‘(B) INCLUSIONS.—The term ‘location- 
constrained resource’ includes the following 
types of resources described in subparagraph 
(A): 
‘‘(i) Renewable energy, including off-
shore resources. 
‘‘(ii) A fossil fuel electricity plant 
equipped with carbon capture technology 
that is located at a site that is appropriate 
for carbon storage or beneficial reuse. 
‘‘(6) RENEWABLE ENERGY.—The term ‘renew-
able energy’ means electric energy generated from— 
‘‘(A) solar energy; 
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‘‘(B) wind energy; 
‘‘(C) marine and hydrokinetic renewable 
energy; 
‘‘(D) geothermal energy; 
‘‘(E) hydropower; 
‘‘(F) biomass; or 
‘‘(G) landfill gas. 
‘‘(7) RENEWABLE
FEEDER
LINE.—The term 
‘renewable feeder line’ means a transmission line 
that— 
‘‘(A) operates at a voltage of 100 kilovolts 
or greater; and 
‘‘(B) is identified in the applicable Inter-
connection-wide transmission plan or by the 
Commission as a facility that is to be developed 
to facilitate collection of electric energy pro-
duced by renewable energy. 
‘‘(8) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘(c) PLANS
FOR NATIONAL INTERSTATE TRANS-
MISSION SYSTEM.— 
‘‘(1) IN GENERAL.—The Commission shall co-
ordinate regional planning to ensure that regional 
plans are integrated into an Interconnection-wide 
transmission plan with respect to high-priority na-
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tional transmission projects, that achieves the policy 
established under subsection (a). 
‘‘(2) PLANNING PRINCIPLES.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of the Ful-
filling U.S. Energy Leadership Act, the Com-
mission shall issue, by rule, after notice and op-
portunity for comment, national electricity grid 
planning principles pursuant to the policy es-
tablished under subsection (a). 
‘‘(B) CONTENT.—The principles shall— 
‘‘(i) address how the utilities should 
fully incorporate consideration of the need 
for high-priority national transmission 
projects into planning efforts; 
‘‘(ii) address how the utilities should 
coordinate with each other, States, Indian 
tribes, and other planning efforts in the 
applicable Interconnection to effectively de-
velop an Interconnection-wide analysis to 
identify needed additions or modifications 
to 
high-priority 
national 
transmission 
projects, with particular attention to iden-
tifying needs that can be most efficiently 
and effectively addressed with high-priority 
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pacity transmission grid shall take into consid-
eration— 
‘‘(i) the location of load centers; 
‘‘(ii) the location of generation and 
potential generation development, including 
location-constrained resources; 
‘‘(iii) existing and potential demand 
side management (including energy effi-
ciency and demand response), energy stor-
age, distributed generation resources, and 
smart grid investments; 
‘‘(iv) the plans of Regional Trans-
mission Organizations, Independent Sys-
tem Operators, State authorities, Indian 
tribes, transmission owners, load-serving 
entities, and others in the region; 
‘‘(v) the needs and long-term rights 
described in section 217(b); and 
‘‘(vi) costs to consumers of high-pri-
ority national transmission projects, in-
cluding considering the cost of reasonable 
alternatives. 
‘‘(3) SUBMISSION OF PLANS.— 
‘‘(A) IN GENERAL.— 
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‘‘(iii) TIMING.—Any plan developed 
under clause (i) or (ii) shall be submitted 
to the Commission— 
‘‘(I) as soon as practicable, but 
not later than 2 years, after the date 
of enactment of the Fulfilling U.S. 
Energy Leadership Act; and 
‘‘(II) periodically thereafter as 
prescribed by the Commission. 
‘‘(B) COORDINATION.— 
‘‘(i) JOINT
SUBMISSIONS.—The re-
quirements of subparagraph (A) may be 
satisfied by a joint submission. 
‘‘(ii) SINGLE INTERCONNECTION-WIDE 
PLAN.—The Commission shall encourage 
coordination that would permit submission 
of a single Interconnection-wide plan for 
high-priority 
national 
transmission 
projects. 
‘‘(C) MODIFICATIONS.—The Commission 
may require modification of a submitted plan to 
the extent that the Commission determines that 
the modification is necessary— 
‘‘(i) to reconcile inconsistencies be-
tween plans submitted; or 
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‘‘(ii) to achieve the policy goals estab-
lished under subsection (a). 
‘‘(4) APPLICABILITY.—The transmission plan-
ning principles and requirements of this subsection 
shall apply to each transmission owner and trans-
mission planning entity in the United States portion 
of the Eastern and Western Interconnections, in-
cluding an entity described in section 201(f). 
‘‘(d) SITING.— 
‘‘(1) PURPOSES.—The purposes of this section 
is to ensure that high-priority national transmission 
projects are in the public interest and advance the 
policy established under subsection (a). 
‘‘(2) DESIGNATION OF ELIGIBILITY.—The Com-
mission may grant an applicant that submits an ap-
plication for a proposed project a designation of eli-
gibility for consideration under this subsection if the 
Commission finds that the proposed project is a 
high-priority national transmission project. 
‘‘(3) STATE REVIEW OF PROJECT SITING.— 
‘‘(A) IN
GENERAL.—No developer of a 
high-priority national transmission project may 
seek a certificate for construction under sub-
section (e) unless the developer first seeks au-
thorization to construct the high-priority na-
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tional transmission project under applicable 
State law concerning authorization and routing 
of transmission facilities. 
‘‘(B) FEDERAL
AUTHORITY.—The Com-
mission may authorize, in accordance with sub-
section (e), construction of a high-priority na-
tional transmission project that the Commission 
finds to be in the public interest and in accord-
ance with this section if a State— 
‘‘(i) fails to approve construction and 
authorize routing of a high-priority na-
tional transmission project not later than 1 
year after the date the applicant submits a 
completed application for authorization to 
the State; 
‘‘(ii) rejects the application for a high- 
priority national transmission project; or 
‘‘(iii) authorizes the high-priority na-
tional transmission project subject to con-
ditions that unreasonably interfere with 
the development of a high-priority national 
transmission project contrary to the pur-
poses of this section. 
‘‘(e) CONSTRUCTION.— 
‘‘(1) APPLICATION FOR CERTIFICATE.— 
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‘‘(A) IN
GENERAL.—An applicant for a 
high-priority national transmission project may 
apply to the Commission for a certificate of 
public convenience and necessity with respect to 
construction of the high-priority national trans-
mission project within a State affected by the 
high-priority national transmission project if 
the State— 
‘‘(i) fails to authorize construction of 
the high-priority national transmission 
project under State law not later than 1 
year after the date the developer submits a 
completed application for authorization to 
the State; 
‘‘(ii) rejects the application for the 
high-priority national transmission project; 
or 
‘‘(iii) authorizes the high-priority na-
tional transmission project subject to con-
ditions that unreasonably interfere with 
the development of a high-priority national 
transmission project contrary to the pur-
poses of this section. 
‘‘(B) FORM.—The application for a certifi-
cate shall be made in writing in such form and 
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containing such information as the Commission 
may by regulation require. 
‘‘(C) HEARING.—On receipt of an applica-
tion under this paragraph, the Commission— 
‘‘(i) shall provide notice to interested 
persons and opportunity for hearing; and 
‘‘(ii) may approve (with or without 
conditions) or disapprove the application, 
in accordance with paragraph (2). 
‘‘(2) GRANT OF CERTIFICATE.— 
‘‘(A) IN GENERAL.—A certificate shall be 
issued to a qualified applicant for a certificate 
authorizing the whole or partial operation, con-
struction, acquisition, or modification covered 
by the application, only if the Commission de-
termines that— 
‘‘(i) the applicant is able and will-
ing— 
‘‘(I) to do the acts and to per-
form the service proposed; and 
‘‘(II) to comply with this Act (in-
cluding regulations); and 
‘‘(ii) the proposed operation, construc-
tion, acquisition, or modification, to the ex-
tent authorized by the certificate, is or will 
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be required by the present or future public 
convenience and necessity. 
‘‘(B) TERMS AND CONDITIONS.—The Com-
mission shall have the power to attach to the 
issuance of a certificate under this paragraph 
and to the exercise of the rights granted under 
the certificate such reasonable terms and condi-
tions as the public convenience and necessity 
may require. 
‘‘(C) USE OF STATE WORK.—If 1 or more 
States reject or fail to act on a high-priority na-
tional transmission project and the Commission 
has siting authority for the high-priority na-
tional transmission project under this section, 
the Commission shall give due weight to— 
‘‘(i) the environmental record and re-
sults of the siting process of a State that 
did complete the siting process of the State 
under this section; and 
‘‘(ii) the information that had been 
submitted by an applicant to the State 
under this section. 
‘‘(D) EVALUATION OF ABILITIES OF APPLI-
CANT.— 
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‘‘(i) IN GENERAL.—In evaluating the 
ability of an applicant described in sub-
paragraph (A)(i), the Commission shall 
consider whether the financial and tech-
nical capabilities of the applicant are ade-
quate to support construction and oper-
ation of the high-priority national trans-
mission project proposed in the application. 
‘‘(ii) JOINT OWNERSHIP PROJECTS.— 
In evaluating applications under paragraph 
(1), the Commission shall consider benefits 
from the greater diversification of financial 
risk inherent in the applications involving 
joint ownership projects by multiple load- 
serving entities. 
‘‘(E) PUBLIC CONVENIENCE AND NECES-
SITY.—In making a determination with respect 
to public convenience and necessity described in 
subparagraph (A)(ii), the Commission shall— 
‘‘(i) consider whether the facilities 
covered by an application are included in 
an Interconnection-wide transmission grid 
plan for a high-priority national trans-
mission project developed pursuant to sub-
section (c); and 
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‘‘(ii) determine whether the facilities 
covered by the application are in the public 
interest. 
‘‘(3) RIGHT
OF
EMINENT
DOMAIN.—If any 
holder of a certificate issued under paragraph (2) 
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 high-priority national 
transmission project to which the certificate relates, 
and the necessary land or other property necessary 
to the proper operation of the high-priority national 
transmission project, the holder may acquire the 
right-of-way by the exercise of the right of eminent 
domain in— 
‘‘(A) the United States district court for 
the district in which the property is located; or 
‘‘(B) a State court. 
‘‘(4) 
STATE
AND
TRIBAL
RECOMMENDA-
TIONS.—In granting a certificate under paragraph 
(2), the Commission shall— 
‘‘(A) permit State regulatory agencies and 
affected Indian tribes to recommend mitigation 
measures, based on habitat protection, environ-
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mental considerations, or cultural site protec-
tion; and 
‘‘(B)(i) incorporate those identified mitiga-
tion measures as conditions on the certificate; 
or 
‘‘(ii) if the Commission determines that a 
recommended mitigation measure is incon-
sistent with the purposes of this section, infea-
sible, or not cost-effective— 
‘‘(I) consult with State regulatory 
agencies and affected Indian tribes to seek 
to resolve the issue; 
‘‘(II) incorporate as conditions on the 
certificate such recommended mitigation 
measures as are determined to be appro-
priate by the Commission, based on con-
sultation by the Commission with State 
regulatory agencies and affected Indian 
tribes, the purposes of this section, and the 
record before the Commission; and 
‘‘(III) if, after consultation, the Com-
mission does not adopt in whole or in part 
a recommendation of an agency or affected 
Indian tribe, publish a statement of a find-
ing that the adoption of the recommenda-
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tion is infeasible, not cost-effective, or in-
consistent with this section or other appli-
cable provisions of law. 
‘‘(5) STATE OR LOCAL AUTHORIZATIONS.—An 
applicant receiving a certificate under this sub-
section with respect to construction or modification 
of a high-priority national transmission project in a 
State shall not require a separate siting authoriza-
tion from the State or any local authority within the 
State. 
‘‘(6) RIGHTS-OF-WAY
OVER
INDIAN
LAND.— 
Notwithstanding paragraph (3), in the case of siting, 
construction, operation, and maintenance of a trans-
mission facility to be located on or over Indian land, 
a certificate holder under this section shall comply 
with the requirements of Federal law for obtaining 
rights-of-way on or over Indian land. 
‘‘(f) COORDINATION OF FEDERAL AUTHORIZATIONS 
FOR TRANSMISSION FACILITIES.— 
‘‘(1) DEFINITION
OF
FEDERAL
AUTHORIZA-
TION.—In this subsection, the term ‘Federal author-
ization’ means any authorization required under 
Federal law in order to site a transmission facility 
on Federal land, including such permits, special use 
authorizations, certifications, opinions, or other ap-
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provals as may be required under Federal law in 
order to site a transmission facility. 
‘‘(2) LEAD AGENCY.—If a Federal authoriza-
tion for a high-priority national transmission project 
involves land under the jurisdiction of the Depart-
ment of the Interior and any other Federal agency, 
the Secretary of the Interior shall act as the lead 
agency for purposes of coordinating all applicable 
Federal authorizations and related environmental re-
views. 
‘‘(3) COORDINATION.—To the maximum extent 
practicable under applicable Federal law, the Sec-
retary of the Interior shall coordinate the Federal 
authorization and review process under this sub-
section with the Commission, and with any Indian 
tribes, multistate entities, and State agencies that 
are responsible for conducting any separate permit-
ting and environmental reviews of the facility, to en-
sure timely and efficient review and permit deci-
sions. 
‘‘(4) MILESTONES AND DEADLINES.— 
‘‘(A) IN GENERAL.—As the lead agency, 
the Secretary of the Interior, in consultation 
with the Commission and any other agency re-
sponsible for Federal authorizations and, as ap-
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propriate, with Indian tribes, multistate enti-
ties, and State agencies that are willing to co-
ordinate their own separate permitting and en-
vironmental reviews with the Federal authoriza-
tion and environmental reviews, shall establish 
prompt and binding intermediate milestones 
and ultimate deadlines for the review of, and 
Federal authorization decisions relating to, the 
proposed high-priority national transmission 
project. 
‘‘(B) DEADLINE.—The Secretary of the 
Interior shall ensure that, once an application 
has been submitted with such data as the Com-
mission and the Secretaries with jurisdiction 
over the affected land consider necessary, all 
permit decisions and related environmental re-
views under all applicable Federal laws shall be 
completed not later than 1 year after the date 
of submission. 
‘‘(C) PREAPPLICATION
INFORMATION.— 
The Secretary of the Interior, in consultation 
with the Commission, shall provide an expedi-
tious preapplication mechanism for prospective 
applicants to confer with the agencies involved 
to have each such agency determine and com-
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municate to the prospective applicant not later 
than 60 days after the prospective applicant 
submits a request for such information con-
cerning— 
‘‘(i) the likelihood of approval for a 
potential facility; and 
‘‘(ii) key issues of concern to the 
agencies and public. 
‘‘(5) ENVIRONMENTAL REVIEW DOCUMENT.— 
‘‘(A) IN GENERAL.—As lead agency, the 
Secretary of the Interior, in consultation with 
the Commission and any affected agency, shall 
prepare a single environmental review docu-
ment, which shall be used as the basis for all 
decisions on the proposed high-priority national 
transmission project under Federal law. 
‘‘(B) STREAMLINING.—The Secretary of 
the Interior and the Secretary of Agriculture, in 
consultation with the Commission, shall stream-
line the review and permitting of transmission 
within corridors designated under section 503 
of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1763) or section 368 
of the Energy Policy Act of 2005 (42 U.S.C. 
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15926) by fully taking into account prior anal-
yses and decisions relating to the corridors. 
‘‘(C) COMMENTS.—If the high-priority na-
tional transmission project includes Federal 
land that is not under the jurisdiction of the 
Department of the Interior, the document shall 
include comments made by the Secretary with 
jurisdiction over the affected land on matters 
necessary for the protection of the land or re-
quired under applicable law. 
‘‘(6) ISSUANCE OR DENIAL OF AUTHORIZATION 
BY PRESIDENT.— 
‘‘(A) IN GENERAL.—Subject to paragraph 
(7), if any agency has denied a Federal author-
ization required for a transmission facility with-
in an energy right-of-way corridor on Federal 
land designated pursuant to section 368 of the 
Energy Policy Act of 2005 (42 U.S.C. 15926), 
or has failed to act by the deadline established 
by the Secretary of the Interior pursuant to 
this section for deciding whether to issue the 
authorization, the applicant or any State in 
which the facility would be located may file an 
appeal with the President, who shall, in con-
sultation with the affected agency, review the 
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denial or failure to take action on the pending 
application. 
‘‘(B) OPTIONS.—Based on the overall 
record and in consultation with the affected 
agency, the President may— 
‘‘(i) issue the necessary authorization 
with any appropriate conditions; or 
‘‘(ii) deny the application. 
‘‘(C) DEADLINE.—The President shall 
issue a decision not later than 90 days after the 
date of the filing of the appeal. 
‘‘(D) FEDERAL REQUIREMENTS.—In mak-
ing a decision under this paragraph, the Presi-
dent shall comply with applicable requirements 
of Federal law, including any requirements of— 
‘‘(i) the National Forest Management 
Act of 1976 (16 U.S.C. 1600 et seq.); 
‘‘(ii) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
‘‘(iii) the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.); 
‘‘(iv) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
and 
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‘‘(v) the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 
et seq.). 
‘‘(7) APPLICABILITY OF ISSUANCE OR DENIAL 
OF AUTHORIZATION BY PRESIDENT.—Paragraph (6) 
shall not apply to— 
‘‘(A) a unit of the National Park System; 
‘‘(B) a unit of the National Wildlife Ref-
uge System; 
‘‘(C) a component of the National Wild 
and Scenic Rivers System; 
‘‘(D) a component of the National Trails 
System; 
‘‘(E) a component of the National Wilder-
ness Preservation System; 
‘‘(F) a National Monument; 
‘‘(G) any part of the National Landscape 
Conservation System; 
‘‘(H) a National Preserve; 
‘‘(I) a National Scenic Area; or 
‘‘(J) a National Recreation Area. 
‘‘(8) ENERGY
RIGHT-OF-WAY
CORRIDORS
ON 
FEDERAL LAND.— 
‘‘(A) IN GENERAL.—In carrying out this 
subsection, the Secretary with jurisdiction over 
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the land shall, to the maximum extent prac-
ticable, use the energy right-of-way corridors 
designated in accordance with section 368 of 
the Energy Policy Act of 2005 (42 U.S.C. 
15926). 
‘‘(B) ADDITIONAL
CORRIDORS.—If the 
Secretary is unable to use an energy right-of- 
way corridor described in subparagraph (A), the 
Secretary shall establish an additional corridor 
in accordance with section 368(c) of the Energy 
Policy Act of 2005 (42 U.S.C. 15926(c)). 
‘‘(9) DURATION.— 
‘‘(A) IN
GENERAL.—Each Federal land 
use authorization for an electricity transmission 
facility shall be issued— 
‘‘(i) for a duration, as determined by 
the Secretary with jurisdiction over the 
land, commensurate with the anticipated 
use of the facility; 
‘‘(ii) with appropriate authority to 
manage the right-of-way for reliability and 
environmental protection; and 
‘‘(iii) consistent with the Federal 
Land Policy and Management Act of 1976 
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(43 U.S.C. 1701 et seq.) and other appli-
cable law. 
‘‘(B) RENEWAL.—On the expiration of the 
authorization (including an authorization issued 
before the date of enactment of the Fulfilling 
U.S. Energy Leadership Act), the authorization 
shall be reviewed for renewal— 
‘‘(i) taking fully into account reliance 
on the electricity infrastructure; and 
‘‘(ii) recognizing the importance of the 
authorization for public health, safety, and 
economic welfare and as a legitimate use of 
Federal land. 
‘‘(10) CONSULTATION.—In exercising the re-
sponsibilities under this section, the Secretary of the 
Interior and the Commission shall consult regularly 
with— 
‘‘(A) electric reliability organizations (in-
cluding related regional entities) approved by 
the Commission; 
‘‘(B) Transmission Organizations approved 
by the Commission; and 
‘‘(C) transmission owners and users and 
other interested parties. 
‘‘(11) IMPLEMENTATION.— 
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‘‘(A) REGULATIONS.—Not later than 18 
months after the date of enactment of the Ful-
filling U.S. Energy Leadership Act, the Sec-
retary of the Interior and the Commission shall 
issue any regulations necessary to carry out this 
subsection. 
‘‘(B) FEDERAL STAFF AND RESOURCES.— 
The head of each Federal agency with authority 
to issue a Federal authorization shall designate 
a senior official responsible for, and dedicate 
sufficient other staff and resources to ensure, 
full implementation of the regulations and 
memorandum required under this paragraph. 
‘‘(g) EVALUATION
AND RECOMMENDATIONS.—The 
Commission shall— 
‘‘(1) periodically evaluate whether high-priority 
national transmission projects are being constructed 
in accordance with the Interconnection-wide trans-
mission grid plan for high-priority national trans-
mission projects for both the Western and Eastern 
Interconnection areas; 
‘‘(2) take any necessary actions, pursuant to 
applicable law, to address any identified obstacles to 
investment, siting, and construction of high-priority 
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national transmission projects identified as needed 
under an Interconnection-wide plan; and 
‘‘(3) not later than 2 years after the date of en-
actment of the Fulfilling U.S. Energy Leadership 
Act, submit to Congress recommendations for any 
further actions or authority needed to ensure the ef-
fective and timely development of— 
‘‘(A) high-priority national transmission 
projects; and 
‘‘(B) transmission projects to access re-
gional and offshore renewable energy genera-
tion. 
‘‘(h) REPORT
OF SECRETARY.—Not later than 2 
years after the date of enactment of the Fulfilling U.S. 
Energy Leadership Act, the Secretary shall submit to Con-
gress recommendations for any further actions or author-
ity needed to ensure the effective and timely development 
of— 
‘‘(1) demand response; 
‘‘(2) energy storage; 
‘‘(3) distributed generation; 
‘‘(4) energy efficiency; and 
‘‘(5) other areas necessary to carry out the pol-
icy established under subsection (a). 
‘‘(i) COST ALLOCATION.— 
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‘‘(1) IN GENERAL.—Not later than 270 days 
after the date of enactment of the Fulfilling U.S. 
Energy Leadership Act, the Commission— 
‘‘(A) shall establish by rule an appropriate 
methodology for allocation of the costs of high- 
priority national transmission projects, subject 
to the requirement that any cost allocation 
methodology, and any rates affected by the cost 
allocation methodology, shall be just, reason-
able, and not unduly discriminatory or pref-
erential; 
‘‘(B) may permit allocation of costs for 
high-priority national transmission projects to 
load-serving entities within all or a part of a re-
gion, except that costs shall not be allocated to 
a region, or subregion, unless the costs are rea-
sonably proportionate to measurable economic 
and reliability benefits; 
‘‘(C) may permit allocation of costs to gen-
erators of electricity connected by a high-pri-
ority national transmission project; and 
‘‘(D) shall provide for due deference to 
cost allocation proposals supported by broad 
agreement among affected States. 
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‘‘(2) 
MECHANISM
FOR
COLLECTION
OF 
COSTS.—The Commission shall adopt such rules and 
require inclusion of such provisions in transmission 
tariffs as are required to provide for— 
‘‘(A) the efficient collection of allocated 
costs for development and operation of high-pri-
ority national transmission projects; and 
‘‘(B) the distribution of those revenues to 
owners of the high-priority national trans-
mission projects. 
‘‘(j) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) IN GENERAL.—Except as specifically pro-
vided in this section, nothing in this section affects 
any requirement of an environmental or historic 
preservation law of the United States, including— 
‘‘(A) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(B) the Wilderness Act (16 U.S.C. 1131 
et seq.); or 
‘‘(C) the National Historic Preservation 
Act (16 U.S.C. 470 et seq.). 
‘‘(2) STATE LAW.—Nothing in this section pre-
cludes any person from constructing or modifying 
any transmission facility in accordance with State 
law. 
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‘‘(k) TRANSMISSION RIGHTS TO SUPPORT NEW GEN-
ERATION DEVELOPMENT.—Subject to section 217(b)(4), 
it is the policy of the United States that long-term trans-
mission rights of firmness and duration sufficient to sup-
port generation investment (or equivalent tradable or fi-
nancial long-term transmission rights), shall be available 
under appropriate terms and conditions to load-serving en-
tities (as defined in section 217(a)(2)) for long-term power 
supply arrangements for new generation facilities using 
renewable energy. 
‘‘(l) RESOURCE ASSESSMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct nationwide assessments to identify areas with a 
significant potential for the development of location- 
constrained resources. 
‘‘(2) FORMATS.—The resource assessments 
shall be made available to the public in multiple for-
mats, including in a geographical information system 
compatible format. 
‘‘(3) TIMING.—The Secretary shall— 
‘‘(A) make the initial resource assessment 
required under this subsection not later than 
180 days after the date of enactment of the 
Fulfilling U.S. Energy Leadership Act; and 
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100 
‘‘(B) refine the resource assessment on a 
regular basis that is consistent with regional 
planning cycles. 
‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 
shall provide technical assistance to regional plan-
ning authorities, on request, to assist the authorities 
in carrying out this subsection. 
‘‘(m) CONGESTION STUDIES.—Not later than 1 year 
after the date of enactment of the Fulfilling U.S. Energy 
Leadership Act and every 3 years thereafter, the Sec-
retary, in consultation with affected States and Indian 
tribes, shall— 
‘‘(1) conduct a study of electric transmission 
congestion; and 
‘‘(2) submit to the appropriate committees of 
Congress a report that describes the results of the 
study. 
‘‘(n) APPLICABILITY.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the authority of the Com-
mission under this section to approve transmission 
plans and to allocate costs incurred pursuant to the 
plans applies to all transmission providers, genera-
tors, and users, owners, and operators of the power 
system within the Eastern and Western Interconnec-
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tions of the United States, including entities de-
scribed in section 201(f). 
‘‘(2) REGIONAL
PLANNING
ENTITIES.—The 
Commission shall have authority over regional plan-
ning entities to the extent necessary to carry out 
this section. 
‘‘(3) PROJECT DEVELOPERS.—Nothing in this 
section precludes the development, subject to appli-
cable regulatory requirements, of transmission 
projects that are not included in plans developed 
under this section. 
‘‘(4) COMMISSION-APPROVED PLANNING PROC-
ESSES.—Nothing in this section affects the approval, 
siting, or cost allocation for a project that is author-
ized pursuant to planning processes that have been 
approved by the Commission. 
‘‘(5) EXCLUSIONS.—This section does not apply 
in the State of Alaska or Hawaii or to the Electric 
Reliability Council of Texas, unless the State or the 
Council voluntarily elects to participate in a cost al-
location plan under this section.’’. 
Æ 
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