Such request shall include a summary of the 
record developed for such project during the re-
gional transmission planning process. The re-
quest shall be based on whether such regional 
transmission project is or will be— 
‘‘(i) necessary to ensure regional com-
pliance with reliability standards or remedy 
violations of such reliability standards; 
‘‘(ii) necessary to provide significant 
relief from electric transmission congestion 
as measured by objective criteria, including 
consideration of the total cost of conges-
tion, hours of congestion, and the lack of 
feasible economic alternative means to re-
lieve congestion; 
‘‘(iii) important to the diversification 
of energy supply throughout the designated 
region, including by meeting the goals of 
applicable renewable portfolio standards; or 
‘‘(iv) important to the development of 
smart grid technology that is consistent 
with the policy under title XIII of the En-
ergy Independence and Security Act of 
2007 (15 U.S.C. 17381 et seq.). 
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‘‘(2) ISSUANCE
OF
CERTIFICATE
OF
PUBLIC 
CONVENIENCE
AND
NECESSITY.—The Commission 
may, after notice and opportunity for hearing, find 
that a regional transmission project is in the public 
convenience and necessity and issue a certificate of 
public convenience and necessity for the ownership 
and operation of such regional transmission project 
and the provision of any related services under the 
jurisdiction of the Commission if the Commission 
finds that— 
‘‘(A) a regional transmission planner in-
cluded a proposed finding of public convenience 
and necessity for such proposed regional trans-
mission project in one or more relevant regional 
transmission plans submitted to the Commis-
sion under subsection (c)(3); 
‘‘(B) a regional transmission planner sub-
mitted a request for the issuance of such a cer-
tificate; 
‘‘(C) the proposed regional transmission 
project will be used for the transmission of elec-
tric energy in interstate commerce; 
‘‘(D) the proposed regional transmission 
project is consistent with the public interest in 
terms of its engineering, reliability, and other 
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economic characteristics and the purposes of 
this section; and 
‘‘(E) the proposed regional transmission 
project will maximize, to the extent reasonable 
and economical, existing rights-of-way and the 
transmission capabilities of existing towers and 
structures. 
‘‘(3) CONSIDERATIONS.—In issuing a certificate 
of public convenience and necessity under this sub-
section, the Commission shall give substantial def-
erence to any proposed finding of public convenience 
and necessity by a regional transmission planner in 
a regional transmission plan submitted under sub-
section (c)(3). 
‘‘(4) MULTIPLE
PROJECTS.—The Commission 
may treat multiple proposed regional transmission 
projects in any regional transmission plan as sepa-
rate for purposes of determining whether a certifi-
cate of public convenience and necessity should be 
issued under this subsection. 
‘‘(5) CERTIFICATE APPLICATIONS.—The Com-
mission shall issue rules specifying— 
‘‘(A) the form of the application for a cer-
tificate of public convenience and necessity 
under this subsection; and 
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‘‘(B) the information to be contained in 
such application. 
‘‘(6) ENVIRONMENTAL REVIEW.— 
‘‘(A) PROPOSED
FINDING
BY
REGIONAL 
TRANSMISSION PLANNER.—A proposed finding 
by a regional transmission planner of public 
convenience and necessity regarding a regional 
transmission project is excluded from review 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), provided an en-
vironmental assessment or environmental im-
pact statement is required to be prepared by 
the Commission under such Act. 
‘‘(B) CONSIDERATION BY COMMISSION.— 
The Commission may consider, wholly or in 
part, any draft environmental analysis con-
ducted by a regional transmission planner or 
relevant transmission provider and issued by 
the regional transmission planner. 
‘‘(e) SITING AUTHORITY.— 
‘‘(1) EXCLUSIVE STATE SITING AUTHORITY.—A 
State shall retain exclusive authority over the siting 
of any transmission facility that is not a part of a 
regional transmission project for which a certificate 
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of public convenience and necessity has been issued 
under subsection (d)(2). 
‘‘(2) FEDERAL SITING AUTHORITY.—The Com-
mission may, after notice and an opportunity for 
hearing, issue one or more permits for the construc-
tion or modification of electric transmission facilities 
if the Commission finds that— 
‘‘(A) the transmission facility was identi-
fied as part or all of a regional transmission 
project for which a certificate of public conven-
ience and necessity has been issued under sub-
section (d)(2); and 
‘‘(B) the— 
‘‘(i) State in which the transmission 
facility is to be sited does not have author-
ity to— 
‘‘(I) approve the siting of the fa-
cility; or 
‘‘(II) consider the interstate ben-
efits expected to be achieved by the 
proposed siting of the transmission fa-
cility in the State; 
‘‘(ii) applicant for a permit is a trans-
mitting utility but does not qualify to 
apply for a permit for the proposed trans-
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mission facility in a State because the ap-
plicant does not serve end-use customers in 
the State; or 
‘‘(iii) State commission or other entity 
that has authority to approve the siting of 
the transmission facility— 
‘‘(I) did not issue a decision on 
an application seeking approval for 
the siting of the facility within 1 year 
after the date the applicant submitted 
a completed application to the State 
commission or other authority; 
‘‘(II) denied a complete applica-
tion seeking approval for the siting of 
the transmission facility; or 
‘‘(III) authorized the siting of the 
facility subject to conditions that un-
reasonably interfere with the siting of 
the transmission facility.’’. 
(5) In subsection (f), as redesignated by para-
graph (3), by striking ‘‘subsection (b)’’ and inserting 
‘‘subsection (e)’’. 
(6) In subsection (g), as resdesignated by para-
graph (3), by striking ‘‘subsection (b)’’ and inserting 
‘‘subsection (e)’’. 
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