I 
113TH CONGRESS 
1ST SESSION H. R. 2762 
To amend the Federal Power Act to establish a regional transmission planning 
process, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 19, 2013 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Federal Power Act to establish a regional 
transmission planning process, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Powering America for 
Tomorrow Act’’. 
SEC. 2. AMENDMENT OF THE FEDERAL POWER ACT. 
Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended as follows: 
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(1) By amending the section heading to read as 
follows: ‘‘REGIONAL TRANSMISSION PLANS FOR 
THE INTERSTATE TRANSMISSION SYSTEM’’. 
(2) By striking subsection (i) and redesignating 
subsections (j) and (k) as subsections (k) and (l), re-
spectively. 
(3) By redesignating subsections (d) through 
(h) as subsections (f) through (j), respectively. 
(4) By striking subsections (a), (b), and (c) and 
inserting the following: 
‘‘(a) PURPOSES.—The purposes of this section are as 
follows: 
‘‘(1) To ensure electric reliability, fuel diversity, 
and wholesale power price stability across the elec-
tric transmission grid. 
‘‘(2) To reinforce, strengthen, and enhance elec-
tric transmission infrastructure as an integrated net-
work system. 
‘‘(3) To facilitate the development of clean en-
ergy resources that cannot be located near an exist-
ing transmission facility or load center. 
‘‘(4) To assist States and electric energy service 
providers in meeting the requirements of applicable 
renewable portfolio standards. 
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‘‘(5) To take maximum advantage of smart grid 
technologies to promote electric grid improvements, 
energy efficiency, and demand response. 
‘‘(6) To coordinate regional planning and local 
siting of interstate high-voltage electric transmission 
systems. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘bulk-power system’ has the 
meaning given such term in section 215(a)(1). 
‘‘(2) The term ‘designated region’ means a re-
gion designated under subsection (c)(1). 
‘‘(3) The term ‘Electric Reliability Organiza-
tion’ has the meaning given such term in section 
215(a)(2). 
‘‘(4) The term ‘Interconnection’ has the mean-
ing given such term in section 215(a)(5). 
‘‘(5) The term ‘regional entity’ has the meaning 
given such term in section 215(a)(7). 
‘‘(6) The term ‘regional transmission plan’ 
means a comprehensive plan required under sub-
section (c)(3) for the development of the interstate 
electric transmission system in a designated region. 
‘‘(7) The term ‘regional transmission planner’ 
means a person or entity approved under subsection 
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(c)(2) to develop and maintain a regional trans-
mission plan required under this section. 
‘‘(8) The term ‘regional transmission project’ 
means an overhead or underground transmission fa-
cility, consisting of conductors or cables, towers, 
manhole duct systems, phase shifting transformers, 
reactors, capacitors, substations, and any ancillary 
facilities and equipment necessary for the proper op-
eration of the facility— 
‘‘(A) that— 
‘‘(i) operates at or above a voltage 
of— 
‘‘(I) 230 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 conventional transmission cable oper-
ating at or above 230 kilovolts alternating 
current or 300 kilovolts direct current; or 
‘‘(iii) is a renewable feeder line; and 
‘‘(B) that is included in a regional trans-
mission plan submitted to the Commission 
under subsection (c)(3). 
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‘‘(9) The term ‘renewable feeder line’ means a 
transmission line that— 
‘‘(A) operates at or above a voltage of 100 
kilovolts; and 
‘‘(B) is identified in a regional trans-
mission plan submitted to the Commission 
under subsection (c)(3) as a facility that is to 
be developed to facilitate collection of electric 
energy produced by renewable energy. 
‘‘(c) REGIONAL TRANSMISSION PLANS.— 
‘‘(1) DESIGNATION
OF
REGIONS.—Not later 
than 12 months after the date of enactment of this 
subsection, the Commission, in consultation with the 
Electric Reliability Organization, regional entities, 
Transmission Organizations, transmission owners, 
State regulatory authorities of the States comprising 
the Eastern Interconnection, and State regulatory 
authorities of the States comprising the Western 
Interconnection, shall designate one or more regions 
within the Eastern Interconnection and one or more 
regions within the Western Interconnection, to be 
represented by regional transmission planners ap-
proved under paragraph (2). In determining the ap-
propriate size and scope of a region, the Commission 
shall consider the optimal scope needed to ensure 
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comprehensive regional transmission planning and 
operational efficiency, the size and scope of existing 
Regional Transmission Organizations and operating 
bulk-power systems, and methods for interregional 
coordination agreements to ensure a sufficiently 
broad regional transmission planning process. 
‘‘(2) REGIONAL TRANSMISSION PLANNERS.— 
‘‘(A) APPLICATION AND APPROVAL.—Any 
person or entity, including a Regional Trans-
mission Organization or other regionally based 
planning entity with an established regional 
transmission planning process, as determined 
by the Commission, may submit an application 
to the Commission for approval as the regional 
transmission planner for a designated region. 
Not later than 18 months after the designation 
of a region under paragraph (1), the Commis-
sion shall approve one such regional trans-
mission planner for each such designated region 
to develop and maintain a regional transmission 
plan required under this section. 
‘‘(B) CONSIDERATION.—In approving a re-
gional transmission planner under subpara-
graph (A), the Commission shall consider the 
existing or reasonably anticipated capabilities of 
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any regionally based planning entity described 
in such subparagraph in regional transmission 
planning. 
‘‘(C) CONTENTS OF APPLICATION.—An ap-
plicant entity shall include in an application for 
approval as the regional transmission planner 
for a designated region the operating proce-
dures of such applicant entity and any method 
such applicant entity will use to adhere to the 
requirements for a regional transmission plan-
ning process described in paragraph (5). 
‘‘(D) COMPLIANCE.—The Commission may 
review the compliance of a regional trans-
mission planner approved under subparagraph 
(A) with the requirements of this section and 
any regulations thereunder. If the Commission 
finds such a regional transmission planner has 
failed or is failing to comply with such require-
ments or regulations, the Commission may re-
voke the approval of such regional transmission 
planner for a designated region and accept ap-
plications for a new regional transmission plan-
ner for such region to be approved in accord-
ance with this section. 
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‘‘(3) 
REGIONAL
TRANSMISSION
PLAN
RE-
QUIRED.—Not later than 2 years after the approval 
of a regional transmission planner under paragraph 
(2), and every 2 years thereafter, such regional 
transmission planner shall submit to the Commission 
an initial or updated regional transmission plan that 
meets the requirements of this section. The Commis-
sion shall ensure that each such plan is the result 
of a planning process that adhered to the require-
ments for a regional transmission planning process 
described in paragraph (5). The Commission shall 
make all regional transmission plans submitted 
available to the public. 
‘‘(4) REGIONAL TRANSMISSION PLAN DESIGN.— 
A regional transmission plan required under this 
section shall, with respect to a designated region— 
‘‘(A) be designed to— 
‘‘(i) maintain and enhance the eco-
nomic, reliability, and energy security ben-
efits of the regional electric transmission 
system, including remediation of electric 
grid congestion; and 
‘‘(ii) anticipate and facilitate develop-
ment of electric energy generation from di-
verse energy resources; and 
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‘‘(B) consider whether proposals to expand 
and upgrade high voltage electric transmission 
in the designated region and across the bound-
aries of the designated region will minimize 
congestion and promote service reliability, mar-
ket integration and efficiency, economic devel-
opment, deployment of smart grid technologies, 
lowest cost delivered electric energy at whole-
sale, and the goals of applicable renewable port-
folio standards. 
‘‘(5) 
REGIONAL
TRANSMISSION
PLANNING 
PROCESS.—The Commission shall ensure each re-
gional transmission planning process conducted by a 
regional transmission planner is consistent with the 
purposes of this section. The Commission shall en-
sure any such planning process— 
‘‘(A) is non-discriminatory, independent, 
and conforms with the planning standards of 
Commission Order No. 890 or any successor 
order; 
‘‘(B) solicits and considers the input of 
local and State policymakers, transmission facil-
ity owners and electric utilities, and market 
participants; 
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‘‘(C) is sufficiently broad in geographic 
and market scope to produce economic and 
operational efficiencies; 
‘‘(D) is designed to meet the need for the 
timely construction or modification of regional 
transmission projects; and 
‘‘(E) takes into account— 
‘‘(i) all applicable laws and regula-
tions governing the procurement of electric 
energy generation; 
‘‘(ii) the potential effect on the future 
operation of the electric transmission sys-
tem or on the regional transmission plan of 
rejection or withdrawal of a proposed re-
gional transmission project; 
‘‘(iii) the development of transmission 
facilities for which a completed application 
for authorization has been filed and ac-
cepted by a State regulatory authority or 
other applicable authority before the date 
of submission of a regional transmission 
plan under paragraph (3) but not origi-
nating from the planning process; 
‘‘(iv) the availability of non-trans-
mission resources such as opportunities for 
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energy efficiency, demand response, en-
hancements to economic dispatch, distrib-
uted generation, and installation of new 
control, metering, or capacity enhancement 
technologies; and 
‘‘(v) the development of the interstate 
electric transmission system in the des-
ignated region for the 10 years after sub-
mission of a regional transmission plan 
under paragraph (3). 
‘‘(6) TRANSMITTING
UTILITIES
AND
POWER 
MARKETING
ADMINISTRATIONS.—Federal 
power 
marketing administrations and transmitting utilities 
in a designated region shall integrate their trans-
mission plans with the regional transmission plans 
required by this section and shall otherwise partici-
pate in a regional transmission planning process by 
a regional transmission planner in accordance with 
this section. 
‘‘(7) COMMISSION ACTIVITIES.—If no regional 
transmission planner for a designated region is ap-
proved under paragraph (2), or in the event that an 
approved regional transmission planner does not 
timely submit a regional transmission plan as re-
quired under paragraph (3), the Commission shall 
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designate a planner or undertake the planning ac-
tivities described in this subsection for the des-
ignated region concerned and develop such a plan 
for such designated region expeditiously, in consulta-
tion with State regulatory authorities, as applicable, 
for all affected States or areas, the Electric Reli-
ability Organization, regional entities, Transmission 
Organizations, and transmission owners within the 
region, as appropriate. 
‘‘(8) COST
ALLOCATION.—Not later than 18 
months after the date of enactment of this para-
graph, the Commission shall, by rule, require that 
all regional high voltage electric transmission cost al-
location processes and methodologies adhere to a 
clear and consistent set of regulatory principles, in-
cluding, as appropriate, that the costs of siting and 
the construction or modification of transmission fa-
cilities shall be allocated consistent with the range 
and distribution of benefits within the designated re-
gion that are provided by such facilities, the use of 
the transmission system, or with other equitable and 
economic considerations. In issuing a rule under this 
paragraph, the Commission shall consider regional 
cost allocation processes and methodologies being de-
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veloped or in existence as of the date of enactment 
of this paragraph. 
‘‘(9) PLAN
COORDINATION.—The Commission 
shall require regional transmission planners to co-
ordinate planning across regional boundaries within 
an Interconnection in order to achieve the purposes 
of this section. 
‘‘(d) CERTIFICATE OF PUBLIC CONVENIENCE AND 
NECESSITY.— 
‘‘(1) PROPOSED FINDING OF PUBLIC CONVEN-
IENCE AND NECESSITY BY REGIONAL TRANSMISSION 
PLANNER.— 
‘‘(A) INCLUSION OF PROPOSED FINDING IN 
REGIONAL TRANSMISSION PLAN.—As part of a 
regional transmission plan submitted to the 
Commission under subsection (c)(3), a regional 
transmission planner may identify a regional 
transmission project or projects that such re-
gional transmission planner finds, based on the 
record of the regional transmission planning 
process, is required by, and consistent with, the 
public convenience and necessity. 
‘‘(B) PUBLIC CONVENIENCE AND NECES-
SITY
CERTIFICATE
REQUEST.—A 
regional 
transmission planner may submit to the Com-
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mission a request to issue a certificate of public 
convenience and necessity for a regional trans-
mission project identified in a regional trans-
mission plan submitted under subsection (c)(3). 
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 
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with the policy under title XIII of the En-
ergy Independence and Security Act of 
2007 (42 U.S.C. 17381 et seq.). 
‘‘(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; 
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‘‘(D) the proposed regional transmission 
project is consistent with the public interest in 
terms of its engineering, reliability, and other 
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— 
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‘‘(A) the form of the application for a cer-
tificate of public convenience and necessity 
under this subsection; and 
‘‘(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.— 
In determining whether a certificate of public 
convenience and necessity should be issued 
under this subsection, the Commission may con-
sider, wholly or in part, any draft environ-
mental analysis conducted by a regional trans-
mission planner or relevant transmission pro-
vider and issued by the regional transmission 
planner. 
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‘‘(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 
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 a transmission facility 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); 
‘‘(B) at least one State in the designated 
region for which such regional transmission 
project is identified has approved the siting of 
such transmission facility; and 
‘‘(C)(i) a State in which such transmission 
facility is to be sited does not have authority 
to— 
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