,,ii #aagth ,,congress #b;d ,session ,s4 #chgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ag1 #bjbb,mr4 ,markey 7for himself1 ,ms4 ,smith1 ,mr4 ,whitehouse1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to require the ,federal ,energy ,regulatory ,commission to promulgate regulations on regional and interregional transmission planning1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,connecting ,hard-to-reach ,areas with ,renewably ,generated ,energy ,act of #bjbb or the ,,charge ,act of #bjbb4 #b4 ,findings ,congress finds that-- 7#a7 current transmission planning is fractured across many jurisdictions1 prioritizes incumbent entities and highly localized transmission1 and fails to identify cost-effective solutions for #bast century needs2 7#b7 the historical structure1 regulations1 and incentives of the electric power system lead to under-planning and under-investment in the regional and interregional transmission lines that are needed for a reliable and resilient grid2 7#c7 much of the existing transmission infrastructure of the ,united ,states is in need of significant upgrade or replacement2 7#d7 the energy sector of the ,united ,states is at a critical juncture1 with a rapidly changing power generation mix and new public policy mandates2 7#e7 it is imperative to proactively plan for electricity transmission in the future1 including by taking into account long-term changes to demand and load growth2 7#f7 renewable energy resources must be incorporated into the grid efficiently in order to meet ,state and ,federal decarbonization goals2 7#g7 the public desires1 and has a right to1 electricity data that is transparent1 organized1 and accessible2 7#h7 having reliable and diverse sources of electricity generation is a foundational need for the entire economy2 7#i7 climate change has increased the frequency and intensity of severe weather events that affect the grid2 7#aj7 it is in the national interest to implement policies that provide effective electric infrastructure to save consumers money1 avoid preventable damage1 ensure energy reliability1 and save lives2 7#aa7 the ,federal ,government has a responsibility to combat rising transmission costs and ensure customers receive just and reasonable rates for electricity2 and 7#ab7 industry experience1 scientific studies1 and modern examples of reformed electricity transmission provide confidence that new public policies and regulatory guidance will achieve more efficient and beneficial planning than the status quo4 #c4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,independent ,system ,operator ,the term ,independent ,system ,operator has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#c7 ,interconnection customer ,the term interconnection customer means an individual or entity that has submitted to the owner or operator of a transmission facility or transmission system a request to interconnect a generation project or energy storage project that is subject to the jurisdiction of the ,commission4 7#d7 ,interregional transmission planning process ,the term interregional transmission planning process means a joint process by transmission providers in #b or more adjacent transmission planning regions to evaluate electric energy transmission needs4 7#e7 ,load-serving entity ,the term load-serving entity has the meaning given the term in section #bag7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq7a774 7#f7 ,pricing node ,the term pricing node means a specific electrical bus location on the grid where an injection or withdrawal of power is modeled4 7#g7 ,regional ,transmission ,organization ,the term ,regional ,transmission ,organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#h7 ,transmission facility ,the term transmission facility means a facility that is used for the transmission of electric energy in interstate commerce4 7#i7 ,transmission planning region ,the term transmission planning region means a region for which electric energy transmission planning is appropriate1 as determined by the ,commission1 such as a region established pursuant to the guidance in the final rule of the ,commission entitled ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities 7#gf ,fed4 ,reg4 #dihdb 7,august #aa1 #bjaa774 7#aj7 ,transmission provider ,the term transmission provider means a public utility 7as defined in section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e777 that owns1 operates1 or controls #a or more transmission facilities4 #d4 ,transmission planning and cost allocation 7a7 ,rulemaking ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall promulgate a final rule that establishes transmission planning processes and cost-allocation processes that-- 7#a7 ensure that transmission providers-- 7,a7 engage in formalized interregional transmission planning processes and interconnection-wide transmission planning processes1 in conjunction with transmission planning processes within transmission planning regions2 7,b7 harmonize interregional transmission planning processes and interconnection-wide transmission planning processes with other transmission planning regions1 such as by using a joint model on a consistent timeline with a unified set of minimum requirements regarding needs1 input assumptions1 and benefit metrics2 7,c7 include as part of planning and cost-allocation processes the use of grid-enhancing transmission technologies and nontransmission alternatives that increase delivery of power over transmission networks1 including1 at a minimum-- 7i7 dynamic line ratings2 7ii7 topology optimization2 7iii7 power flow control2 7iv7 advanced conductors2 and 7v7 storage-as-transmission2 7,d7 conduct interregional and interconnection-wide planning regularly and not less frequently than once every #c years2 7,e7 conduct system-wide planning based on a range of possible future load and generation scenarios2 and 7,f7 are required to incorporate in a transmission planning process the full scope of benefits of transmission investment1 including1 at a minimum-- 7i7 reduced costs of electric energy to customers1 including reduced costs associated with lower quantities of necessary capacity1 ancillary services1 and reserve margins2 7ii7 access to resources in neighboring transmission planning regions2 7iii7 the transmission of renewable energy or the ability of renewable energy to connect to the grid2 7iv7 improvements in reliability1 resilience1 and flexibility of the grid1 including1 at a minimum-- 7,i7 reduced loss of load probability2 7,,ii7 increased resource diversity2 7,,iii7 increased climate hardening2 and 7,,iv7 increased ability to maintain functionality during regionally appropriate weather conditions and severe weather scenarios2 7v7 leveraging resources across climatological patterns or time zones to account for resource availability and weather patterns2 7vi7 avoidance1 to the maximum extent practicable1 of sensitive environmental areas and cultural heritage sites2 7vii7 reasonable and economical use of existing rights-of-way2 7viii7 market facilitation benefits1 including1 at a minimum1 increased competitiveness1 liquidity1 and integrity of broader geographic markets2 7ix7 avoided costs and deferred cost savings1 including reduced generation costs and reduced future transmission investment costs2 7x7 the integration of grid-enhancing technologies2 7xi7 meeting local1 ,state1 and ,federal policy goals1 including goals established in decarbonization1 climate1 and clean energy laws 7including regulations72 7xii7 protections to maintain just and reasonable rates for customers2 and 7xiii7 any other production costs savings or other economic benefits from proposed transmission projects2 7#b7 require that regional and interregional cost-allocation methodologies allocate costs on the basis of the multiple benefits described in clauses 7i7 through 7xiii7 of paragraph 7#a77;,f72 7#c7 incorporate a #aj- to #bj-year future resource mix for each load-serving entity and ,state1 which may require a load-serving entity to make publicly available the resource plans of the load-serving entity if1 in the determination of the ,commission1 those plans are not adequately described in publicly stated plans in ,securities and ,exchange ,commission filings1 ,state agency filings1 and power purchase contracts2 7#d7 prioritize interregional cost-benefit considerations over regional cost-benefit considerations2 7#e7 require transmission providers to maximize the use of portfolio-based cost allocations2 7#f7 in cases in which costs and benefits are difficult to quantify1 may allocate transmission investment costs among transmission system customers in proportion to-- 7,a7 in the case of regional projects1 the share of electricity of each customer in the region2 or 7,b7 in the case of interregional projects1 the share of electricity of each customer in each applicable region2 and 7#g7 to the extent practicable1 prevent transmission providers from using cost-allocation methodologies that-- 7,a7 discourage distributed generation1 energy efficiency1 demand response1 or storage if more economic than transmission2 7,b7 are constrained by consideration only of benefits that are easy to allocate2 or 7,c7 undermine previous cost-allocation agreements for projects already in operation4 7b7 ,technical conference 7#a7 ,in general ,as part of the rulemaking process under subsection 7a71 the ,commission may convene a technical conference to consider implementation details1 as the ,commission determines to be appropriate4 7#b7 ,participation 7,a7 ,leadership ,a technical conference convened under paragraph 7#a7 may be led by the members of the ,commission4 7,b7 ,participation ,the ,commission may invite to participate in a technical conference convened under paragraph 7#a7 representatives of residential ratepayers1 transmission providers1 environmental justice and equity groups1 ,tribal communities1 ,independent ,system ,operators1 ,regional ,transmission ,organizations1 consumer protection groups1 renewable energy advocates1 ,state utility commission and energy offices1 and such other entities as the ,commission determines appropriate4 7,c7 ,timeline ,the ,commission may establish and enforce a timeline for a technical conference convened under paragraph 7#a7 that discourages actions by participants that may unnecessarily delay the conference4 7#c7 ,public comment ,the ,commission may provide an opportunity for public comment on the topics considered by a technical conference convened under paragraph 7#a74 7c7 ,office of ,public ,participation ,the ,commission shall consult the ,office of ,public ,participation during the rulemaking process under subsection 7a71 including with respect to-- 7#a7 guidance on public participation requirements2 7#b7 communications with the public concerning transmission planning that may impact local communities and land owners1 including ,tribal1 indigenous1 and environmental justice communities2 and 7#c7 minimum data transparency and access requirements4 7d7 ,joint ,federal-,state ,task ,force on ,electric ,transmission ,the ,commission may consult the ,joint ,federal-,state ,task ,force on ,electric ,transmission in any actions that-- 7#a7 involve shared ,federal and ,state regulatory authority and processes2 or 7#b7 would benefit from a combined ,federal and ,state perspective4 #e4 ,interregional minimum transfer requirements 7a7 ,electric reliability ,section #bae7;i77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7i77#b77 is amended by striking or transmission4 7b7 ,rulemaking ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall promulgate a final rule that establishes a minimum transfer capability that-- 7#a7 shall govern minimum transfer requirements between transmission planning regions2 7#b7 achieves reliability and resilience standards during plausible extreme weather scenarios2 7#c7 optimizes efficiency of delivering renewable energy to demand centers2 and 7#d7 incorporates the best available science relating to energy transmission1 climatological patterns1 climate change causes and impacts1 grid reliability1 and grid resiliency1 including study results from the ,department of ,energy or ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja774 #f4 ,data transparency ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding at the end the following3 #bbd4 ,data transparency 7a7 ,in general ,the ,commission shall require all public utilities and other entities subject to the jurisdiction of the ,commission to make hourly operating data transparent and accessible to the public1 including-- 7#a7 as original source data posted in a timely manner2 and 7#b7 through coordination with an online database operated by the ,administrator of the ,energy ,information ,administration4 7b7 ,data ,data made publicly available under subsection 7a7 shall-- 7#a7 be organized and easy to understand2 7#b7 be centralized and provided in usable formats1 including an application programming interface2 7#c7 be available free of charge or at-cost2 7#d7 be published in a timely manner2 7#e7 include generation by fuel type2 and 7#f7 include average and hourly1 or more frequent if technologically feasible1 marginal greenhouse gas emissions per megawatt hour of electricity generated within the metered boundaries of each entity and for each pricing node4 7c7 ,commercial products ,the ,commission may identify and reduce regulatory barriers to the development of commercial products that use the data made publicly available under subsection 7a7 in order to provide verifiable emissions reductions1 including short- and long-term nodal congestion products4 7d7 ,appropriation ,in addition to amounts otherwise made available to the ,administrator of the ,energy ,information ,administration1 there is appropriated to the ,administrator of the ,energy ,information ,administration for fiscal year #bjbc1 out of any funds in the ,treasury not otherwise appropriated1 #aj1jjj1jjj to develop and operate the database described in subsection 7a77#b71 to remain available until expended4 4 #g4 ,promoting competition for generation ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #f7 is amended by adding at the end the following3 #bbe4 ,due regard for fair competition 7a7 ,in general ,in order to effectively protect against the exercise of market power through affiliate abuse1 the ,commission shall require that any new generation described in subsection 7b7 is procured through a competitive process and without any right of first refusal for an incumbent utility1 subject to subsection 7c74 7b7 ,new generation described ,the new generation referred to in subsection 7a7 is new generation that is-- 7#a7 above a ,commission-determined size threshold2 7#b7 above a ,commission-determined cost materiality threshold2 and 7#c7 ultimately used to sell power in interstate commerce4 7c7 ,exemption ,new generation that is procured through a process administered by a ,regional ,transmission ,organization or an ,independent ,system ,operator is exempted from the requirements of subsection 7a74 4 #h4 ,state subsidies ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 7as amended by section #g7 is amended by adding at the end the following3 #bbf4 ,state subsidies ,in order to promote competition in wholesale markets1 reliability1 and affordability1 the ,commission shall not use price mitigation methods to counteract the effects of ,state subsidies for renewable energy resources4 4 #i4 ,office of ,transmission ,part ,,iii of the ,federal ,power ,act is amended by inserting after section #cag 7#af ,u4,s4,c4 #hbep7 the following3 #cah4 ,office of ,transmission 7a7 ,establishment ,there shall be established in the ,commission an office1 to be known as the ,office of ,transmission 7referred to in this section as the ,office74 7b7 ,director ,the ,office shall be administered by a ,director1 who shall be appointed by the ,chairman of the ,commission4 7c7 ,duties ,the ,director of the ,office shall-- 7#a7 review transmission plans submitted by public utilities in accordance with the regional and interregional transmission planning processes1 including the processes established pursuant to section #bjf2 7#b7 coordinate transmission-related matters of the ,commission1 as the ,commission determines appropriate2 7#c7 carry out the responsibilities of the ,commission under section #baf1 in coordination with the ,office of ,energy ,projects of the ,commission2 7#d7 review opportunities for innovation in transmission planning and operation1 including deployment of grid-enhancing technologies1 advanced conductors1 and other approaches2 and 7#e7 provide oversight of interregional transmission planning activities4 4 #aj4 ,interconnection ,not later than #a year after the date of enactment of this ,act1 the ,commission shall promulgate regulations1 or revise existing regulations-- 7#a7 to prohibit a public utility from requiring an interconnection customer to exclusively or disproportionately fund1 without reimbursement1 the costs of any network upgrade identified as necessary for the interconnect request of the interconnection customer2 7#b7 to encourage cost-sharing models that reflect the broad set of benefits and beneficiaries for any network upgrades identified as needed in an interconnection or affected system study1 subject to the requirement that the model adheres to any requirements established under paragraph 7#a72 and 7#c7 to alleviate interconnection backlogs and reduce informational and procedural barriers in interconnection1 which may include-- 7,a7 the establishment of an interconnection analysis center within the ,office of ,transmission established under section #cah of the ,federal ,power ,act2 and 7,b7 consultation with staff and the use of other resources of the ,department of ,energy4 #aa4 ,independent transmission monitor 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 for the purpose of monitoring the planning and operation of transmission facilities in transmission planning regions1 the ,commission shall-- 7#a7 7,a7 require each transmission planning region to establish an independent entity to monitor the planning and operation of transmission facilities in the transmission planning region2 and 7,b7 establish a council1 to be known as the ,council of ,transmission ,monitors-- 7i7 to provide oversight of each independent entity established pursuant to subparagraph 7,a72 and 7ii7 to ensure interregional collaboration and consistency2 or 7#b7 establish an independent entity to monitor the planning and operation of transmission facilities in all transmission planning regions4 7b7 ,role of transmission monitor ,an independent entity described in paragraph 7#a77;,a7 or 7#b7 of subsection 7a7 shall1 as applicable-- 7#a7 review the operation of applicable transmission planning regions for inefficiency and practices that may lead to unjust and unreasonable rates2 7#b7 review transmission planning processes2 7#c7 review costs of transmission facilities1 including identifying inefficiencies among local1 regional1 and interregional planning2 7#d7 provide examples and advice to transmission providers on appropriate regional transmission operations1 planning1 and cost-allocation processes2 and 7#e7 identify situations in which1 with respect to a transmission planning process-- 7,a7 nonwire alternatives may be more cost-effective than transmission2 7,b7 grid-enhancing technologies may be appropriate2 or 7,c7 high-capacity1 interregional lines may be-- 7i7 more cost-effective2 or 7ii7 a more appropriate reliability and resilience alternative4 #ab4 ,advisory committee 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall establish an advisory committee 7referred to in this section as the committee7 to make recommendations on-- 7#a7 oversight and governance of ,independent ,system ,operators or ,regional ,transmission ,organizations2 7#b7 stakeholder participation best practices-- 7,a7 that ensure transparency1 accountability1 independence1 oversight1 and fair representation2 and 7,b7 the purpose of which are to promote competition1 reliability1 and affordability in all transmission planning regions2 7#c7 enhancing transparency and open decisionmaking in regions not classified as ,independent ,system ,operators or ,regional ,transmission ,organizations2 and 7#d7 the requirements of governing boards within ,independent ,system ,operators or ,regional ,transmission ,organizations4 7b7 ,representation ,the committee shall be composed of not more than #cj members1 including-- 7#a7 at least #b representatives of end-use customers2 7#b7 at least #a representative of transmission providers2 7#c7 at least #b representatives of environmental justice and equity groups2 7#d7 at least #a representative of ,tribal communities2 7#e7 at least #a representative of ,independent ,system ,operators2 7#f7 at least #a representative of ,regional ,transmission ,organizations2 7#g7 at least #a representative of consumer protection groups2 7#h7 at least #b representatives of renewable energy advocates2 7#i7 at least #a representative of ,state commissions2 7#aj7 at least #a representative of public power entities2 7#aa7 at least #a representative of marketers2 and 7#ab7 at least #a representative of generators4 7c7 ,,faca applicability ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the committee4 #ac4 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,commission for fiscal year #bjbc1 out of any funds in the ,treasury not otherwise appropriated1 #bjj1jjj1jjj1 to remain available until expended1 to carry out-- 7#a7 sections #d1 #e1 and #aj2 and 7#b7 the amendment made by section #i4