,,ii #aahth ,,congress #ast ,session ,s4 #bhbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjbc,mr4 ,hickenlooper 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 establish minimum interregional transfer capabilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,building ,integrated ,grids ,with ,inter-,regional ,energy ,supply ,act or the ,,big ,,wires ,act4 #b4 ,findings ,congress finds that-- 7#a7 interregional electric transmission is foundational to a modern grid and a growing economy based on affordable and abundant energy2 7#b7 in recent decades1 the interregional electric grid infrastructure of ,north ,america1 and of the ,united ,states in particular1 has stagnated2 7#c7 since #bjad1 the total capacity of planned or newly constructed large-scale interregional transmission in ,north ,america has amounted to less than #a_/c that of ,south ,america1 #a_/f that of ,europe1 and #a_/cj that of ,china2 7#d7 such a shortage of interregional transmission threatens the reliability of the electric grid of the ,united ,states and its resiliency to extreme weather events and cyber and physical attacks while artificially inflating energy prices for the people of the ,united ,states2 7#e7 the damages resulting from that interregional transmission shortfall have been borne across the ,united ,states1 in part during extreme weather events1 including the #bjbb freeze affecting the majority of the ,united ,states1 the #bjbj and #bjbb heat waves in ,california1 the #bjai heat wave and #bjba freeze in ,texas1 the #bjah cyclone on the ,east ,coast1 and the #bjad polar vortex in the ,northeast and ,midwest1 and those extreme weather events collectively cost the people of the ,united ,states hundreds of billions of dollars2 7#f7 new interregional transmission1 and transfer capability achieved by means of other technologies and grid-operational practices1 represents a unique opportunity to fortify the critical energy infrastructure of the ,united ,states while lowering the cost of living for families2 7#g7 studies of interregional transmission routinely find benefit-cost ratios as high as #b4e1 in line with real-world experience2 7#h7 by relieving grid congestion and promoting more efficient grid planning and operation1 new interregional transmission presents an all-of-the-above opportunity for the full energy-generating portfolio of renewable1 fossil1 and nuclear resources of the ,united ,states2 and 7#i7 interregional transmission represents a #b-way value proposition1 with secure careers for workers in energy communities and competitively sourced1 low-cost1 reliable energy for industrial1 commercial1 and residential energy customers nationwide4 #c4 ,minimum interregional transfer capabilities and requirements 7a7 ,in general ,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 ,interregional reliability 7a7 ,definitions ,in this section3 7#a7 ,coincident interregional transfer capability ,the term coincident interregional transfer capability1 with respect to an interregional transmission planning region1 means the ability of the interconnected electrical system to coincidently move electric energy reliably between the interregional transmission planning region in question and the rest of the interconnected electrical system4 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,interregional transfer capability ,the term interregional transfer capability means the ability of the interconnected electrical system to move electric energy reliably between #b or more interregional transmission planning regions4 7#d7 ,interregional transmission planning region ,the term interregional transmission planning region means a region for which electric energy transmission planning is appropriate1 as determined by the ,commission1 such as a region approved by the ,commission to meet the requirements of the final rule of the ,commission entitled ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities 7,docket ,no4 ,,rm#aj-bc74 7#e7 ,minimum interregional transfer capability ,the term minimum interregional transfer capability means1 as applicable-- 7,a7 the coincident interregional transfer capability described in subsection 7b77#a77;,a72 or 7,b7 a higher coincident interregional transfer capability established in accordance with subsection 7b77#a77;,b74 7#f7 ,minimum interregional transfer requirement ,the term minimum interregional transfer requirement means any requirement to meet or maintain a minimum interregional transfer capability4 7b7 ,establishment of minimum interregional transfer capabilities 7#a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,commission shall promulgate a final rule that-- 7,a7 requires each interregional transmission planning region to establish or increase interregional transfer capabilities such that the coincident interregional transfer capability of each interregional transmission planning region is not less than the lesser of-- 7i7 #cj percent of its own present-day coincident peak load2 and 7ii7 the sum obtained by adding-- 7,i7 the present-day coincident interregional transfer capability of the interregional transmission planning region2 and 7,,ii7 #ae percent of its own present-day coincident peak load2 7,b7 on a showing of net benefits1 may require #a or more interregional transmission planning regions to meet or maintain a coincident interregional transfer capability that exceeds the applicable minimum interregional transfer capability described in subparagraph 7,a72 7,c7 based on the applicable minimum interregional transfer capability1 shall govern the establishment of minimum interregional transfer requirements for interconnections between interregional transmission planning regions2 7,d7 calculates the present-day coincident interregional transfer capabilities of the interregional transmission planning regions by-- 7i7 defining the present-day coincident interregional transfer capability of each interregional transmission planning region as being equal to the greater of-- 7,i7 the coincident import capability of the interregional transmission planning region2 and 7,,ii7 the coincident export capability of the interregional transmission planning region2 7ii7 defining the coincident import capability of each interregional transmission planning region as being equal to the absolute value of the first #a_/aj of the first percentile 7#j4ath percentile7 of the coincident hourly electrical transfers of that interregional transmission planning region2 7iii7 defining the coincident export capability of the interregional transmission planning region as being equal to the absolute value of the last #a_/aj of the #iith percentile 7#ii4ith percentile7 of the coincident hourly electrical transfers of that interregional transmission planning region2 7iv7 defining the coincident hourly electrical transfers of each interregional transmission planning region as being equal to the sum obtained by adding1 with respect to each hour1 the hourly electrical transfers of all balancing authorities that1 in the determination of the ,commission1 most closely correspond to the interregional transmission planning region in question using data from ,form ,,eia-#icj of the ,energy ,information ,administration for the #e-year period ending on-- 7,i7 for each plan described in subparagraph 7,g7 that is required to be submitted by the date described in that subparagraph1 the date that is #a year before the date of enactment of this section2 and 7,,ii7 for each plan submitted under paragraph 7#d77;,a7 and each updated plan submitted under paragraph 7#d77;,b71 the date that is #a year before the deadline for submission of that plan2 and 7v7 defining the hourly electrical transfers of each interregional transmission planning region as being equal to1 for each hour-- 7,i7 the hourly exports of that interregional transmission planning region2 minus 7,,ii7 the hourly imports of that interregional transmission planning region2 7,e7 calculates the present-day coincident peak loads of the interregional transmission planning regions by-- 7i7 defining the present-day coincident peak load of each interregional transmission planning region as being equal to the last #a_/aj of the #iith percentile 7#ii4ith percentile7 of the coincident hourly load of that interregional transmission planning region2 and 7ii7 defining the coincident hourly load of each interregional transmission planning region as being equal to the sum obtained by adding1 with respect to each hour1 the hourly loads of all balancing authorities that1 in the determination of the ,commission1 most closely correspond to the interregional transmission planning region in question using data from ,form ,,eia-#icj of the ,energy ,information ,administration for the #e-year period ending on-- 7,i7 for each plan described in subparagraph 7,g7 that is required to be submitted by the date described in that subparagraph1 the date that is #a year before the date of enactment of this section2 and 7,,ii7 for each plan submitted under paragraph 7#d77;,a7 and each updated plan submitted under paragraph 7#d77;,b71 the date that is #a year before the deadline for submission of that plan2 7,f7 for purposes of determining the adequacy of a plan described in subparagraph 7,g7 to provide for the achievement of the minimum interregional transfer capability applicable to an interregional transmission planning region1 describes and employs a clear methodology for calculating anticipated changes to the coincident peak load and coincident interregional transfer capability of an interregional transmission planning region designed to correspond approximately to what would be reasonably expected to be calculated under subparagraphs 7,d7 and 7,e7 at a future date based on-- 7i7 the construction or modification of new or existing transmission facilities1 including facilities built between interregional transmission planning regions and facilities within interregional transmission planning regions that impact the ability of the interregional transmission planning regions to move electric energy between themselves and neighboring interregional transmission planning regions2 7ii7 the use of nontransmission alternatives1 including grid-enhancing technologies2 7iii7 changes to generation or load within interregional transmission planning regions1 including energy efficiency and demand response programs2 and 7iv7 other changes to the bulk-power system 7as defined in section #bae7;a77 or the operation of the bulk-power system that are expected to meaningfully alter coincident peak loads or coincident interregional transfer capabilities1 as determined by the ,commission2 7,g7 establishes a process for each interregional transmission planning region to submit1 jointly with each other interregional transmission planning region with which the interregional transmission planning region has1 or plans to establish1 an interregional transfer capability1 not later than #b years after the effective date of the final rule1 a plan that-- 7i7 designates #a or more entities for construction of new facilities or modification of existing facilities to achieve the applicable minimum interregional transfer capability in an efficient and timely manner for the benefit of ultimate consumers2 7ii7 allocates the costs of the facilities described in clause 7i72 and 7iii7 includes a timeline for the construction of the facilities described in clause 7i7-- 7,i7 by ,december #ca1 #bjce2 or 7,,ii7 if any construction will extend beyond that date1 that includes an explanation of the reasons for that construction extending beyond that date2 and 7,h7 explains how the ,commission will designate #a or more entities to construct or modify1 and how the ,commission will allocate the costs of1 the facilities described in clause 7i7 of subparagraph 7,g7 in the event that an interregional transmission planning region fails to submit a plan in accordance with that subparagraph4 7#b7 ,presumptions2 consultation ,in establishing the methodology under paragraph 7#a77;,f71 the ,commission may-- 7,a7 establish and use simplified1 rebuttable presumptions relating to the extent to which coincident interregional transfer capabilities or coincident peak loads will be anticipated to be altered by facilities1 technologies1 or programs described in clauses 7i7 through 7iv7 of that paragraph2 and 7,b7 consult with appropriate officials of the ,department of ,energy4 7#c7 ,considerations ,in carrying out paragraph 7#a71 the ,commission shall consider and determine the role of transfer capabilities between interregional transmission planning regions and other electrical systems in ,north ,america in meeting the requirements of that paragraph4 7#d7 ,plans 7,a7 ,new interregional transmission planning regions ,not later than #b years after the establishment of any new interregional transmission planning region1 the new interregional transmission planning region and each interregional transmission planning region with which the new interregional transmission planning region has1 or plans to establish1 an interregional transfer capability1 shall jointly submit to the ,commission a plan described in paragraph 7#a77;,g7 to meet the minimum interregional transfer capability applicable to that new interregional transmission planning region4 7,b7 ,updates 7i7 ,in general ,the ,commission shall require each plan submitted in accordance with paragraph 7#a77;,g7 or subparagraph 7,a7 to be updated1 and the updated plan submitted to the ,commission1 every #e years after the deadline for submission of the initial plan4 7ii7 ,requirement ,an updated plan submitted in accordance with clause 7i7 shall1 at a minimum1 account for any changes in regional coincident peak load since the most recent previous submission4 7,c7 ,review ,the ,commission shall review each plan submitted in accordance with paragraph 7#a77;,g7 or subparagraph 7,a7 or 7,b7 in a manner consistent with-- 7i7 the principles described in subsection 7g72 and 7ii7 sections #bje and #bjf1 with respect to the requirement that all rates1 charges1 terms1 and conditions be just and reasonable and not unduly discriminatory or preferential4 7c7 ,equal application ,in carrying out this section1 including with respect to the imposition of1 and assessing compliance with1 any minimum interregional transfer requirement1 the ,commission shall apply all provisions of this section1 and any regulations promulgated under this section1 equally to all interregional transmission planning regions1 including by using the same terms1 definitions1 and standards with respect to each interregional transmission planning region4 7d7 ,commission jurisdiction ,the ,commission shall have jurisdiction within the ,united ,states over all transmitting utilities for the purposes of establishing minimum interregional transfer capabilities in accordance with this section and establishing and enforcing compliance with minimum interregional transfer requirements4 7e7 ,electric ,reliability ,council of ,texas 7#a7 ,in general ,the ,public ,utility ,commission of ,texas may1 at its sole discretion1 choose to support the reliability and affordability of the ,,ercot system by voluntarily complying with a minimum interregional transfer requirement relating to a coincident interregional transfer capability that is equal to a percentage1 determined by ,,ercot1 of the coincident peak load of ,,ercot4 7#b7 ,savings clause 7,a7 ,in general ,the construction or operation of an interregional facility1 or the allocation of costs for that construction1 to meet a minimum interregional transfer capability shall not affect the jurisdiction of the ,commission with respect to-- 7i7 ,,ercot2 or 7ii7 any ,,ercot utility4 7,b7 ,not public utilities ,the construction or operation of a facility described in subparagraph 7,a71 or the allocation of costs for that construction1 shall not render ,,ercot or any ,,ercot utility a public utility4 7f7 ,data quality 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,administrator of the ,energy ,information ,administration shall submit to the ,commission an updated version of the data from ,form ,,eia-#icj for use in accordance with subparagraphs 7,d7 and 7,e7 of subsection 7b77#a74 7#b7 ,errors ,in updating the ,form ,,eia-#icj data for purposes of paragraph 7#a71 the ,administrator of the ,energy ,information ,administration1 to the maximum extent practicable1 shall control for the quality of the data by-- 7,a7 identifying any suspected erroneous values2 and 7,b7 removing those suspected erroneous values or overwriting those suspected erroneous values with data that1 in the determination of the ,administrator1 is likely to be more accurate4 7g7 ,requirement ,in carrying out this section1 the ,commission shall endeavor-- 7#a7 to improve the reliability and resilience of the electric grid of the ,united ,states1 including during-- 7,a7 extreme weather scenarios2 7,b7 physical attacks2 and 7,c7 cyber attacks2 and 7#b7 to reduce the cost of delivered power to ultimate consumers by increasing access to low-cost generating resources4 4 7b7 ,conforming amendments ,section #bja of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in the first sentence-- 7i7 by striking section #bja7;f7 and inserting subsection 7f72 and 7ii7 by striking and #bbb and inserting #bbb1 and #bbd2 and 7,b7 in the second sentence1 by striking or #bbb and inserting #bbb1 or #bbd2 and 7#b7 in subsection 7e7-- 7,a7 by striking #bjf7;f712 and 7,b7 by striking or #bbb and inserting #bbb1 or #bbd4