,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ajeci ,,in ,,the ,,house ,,of ,,representatives ,september #bd1 #bjbf,mr4 ,casten 7for himself1 ,ms4 ,castor of ,florida1 ,mr4 ,levin1 ,mr4 ,mc,govern1 and ,mr4 ,latimer7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,power ,act to improve the electric grid through the integration of local1 regional1 and interregional electricity transmission planning1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,integrated ,local1 ,regional1 and ,interregional ,transmission ,planning ,act of #bjbf4 #b4 ,transmission planning 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 ,planning for transmission facilities that enhance grid reliability1 affordability1 and resilience 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a74 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,covered local transmission facility ,the term covered local transmission facility means an electric transmission facility-- 7,a7 that is planned by a transmission owner outside of an interregional or regional planning process to address needs1 including-- 7i7 asset management or replacement 7including end-of-life replacement that may be driven by equipment1 material1 condition1 performance1 or risk72 7ii7 load growth2 7iii7 infrastructure resilience2 7iv7 operational flexibility2 and 7v7 efficiency2 and 7,b7 the replacement of which has the potential to provide transmission benefits if used as a regional transmission facility or an interregional transmission facility4 7#d7 ,,ero ,the term ,,ero has the meaning given the term in section #bae7;a74 7#e7 ,improved reliability ,the term improved reliability means that1 on balance1 reliability of electric energy is improved in a material manner that ultimately benefits customers of electric energy1 including large load facilities1 through at least one of the following3 7,a7 ,facilitating compliance with a reliability standard4 7,b7 ,a reduction in expected unserved energy1 loss of load hours1 or loss of load probability 7as defined by the ,,ero74 7,c7 ,facilitating resource adequacy and resilience4 7,d7 ,any other similar material improvement as determined by the ,commission1 including a reduction in correlated outage risk1 such as achieved through increased geographic or resource diversification4 7#f7 ,in-kind replacement estimate ,the term in-kind replacement estimate means an estimate of the electric transmission facilities operating at and above #bjj kilovolts1 or a lower threshold as determined by the ,commission1 that the transmitting utilities that own the electric transmission facilities anticipate replacing in-kind with new electric transmission facilities during the next #aj years4 7#g7 ,interregional transmission facility ,the term interregional transmission facility means an electric transmission facility that-- 7,a7 is located within #b or more immediately adjacent ,transmission ,planning ,regions2 or 7,b7 as determined by the ,transmission ,planning ,regions1 significantly impacts the ability of #a or more ,transmission ,planning ,regions to transmit electricity among immediately adjacent ,transmission ,planning ,regions4 7#h7 ,large load facility ,the term large load facility means a commercial or industrial facility1 or an aggregation of such facilities at a single site1 that-- 7,a7 draws at least #cj megawatts of electric power from the electric grid2 and 7,b7 may pose reliability risks to the bulk-power system1 as determined by the ,,ero1 the appropriate ,transmission ,planning ,region1 or other appropriate body1 as determined by the ,commission1 due to the demand for electricity from such facility1 the operational characteristics of such facility1 or other factors4 7#i7 ,regional transmission facility ,the term regional transmission facility means a transmission facility that meets regional transmission needs1 as identified by a regional transmission planning process4 7#aj7 ,reliability standard ,the term reliability standard has the meaning given such term in section #bae7;a74 7#aa7 ,resilience ,the term resilience means the ability to prepare for and withstand disruptions to electric supply or demand4 7#ab7 ,resource adequacy ,the term resource adequacy means1 with respect to an electric system1 the ability of the electric system to meet the energy needs of electricity customers1 by having sufficient generation that is deliverable to meet projected electric demand4 7#ac7 ,transmission benefit ,the term transmission benefit includes-- 7,a7 improved reliability2 7,b7 improved resilience2 7,c7 reduced transmission congestion2 7,d7 reduced power losses2 7,e7 greater grid utilization2 7,f7 improved access to lower cost generation2 7,g7 improved access to the electric grid by transmission customers2 7,h7 improved access to the electric grid by new generation facilities2 and 7,i7 cost savings associated with the avoidance of the need for the construction or modification of transmission facilities or new generation capacity at a later date4 7#ad7 ,transmission planning region 7,a7 ,in general ,the term ,transmission ,planning ,region-- 7i7 when used in a geographical sense1 means a region for which the ,commission determines that electric transmission planning is appropriate1 such as a region established in accordance with ,order ,no4 #ajjj of the ,commission1 entitled ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities 7#gf ,fed4 ,reg4 #dihdb 7,august #aa1 #bjaa772 and 7ii7 when used in a corporate sense1 means the ,transmission ,organization or other entity responsible for planning or operating electric transmission facilities within a region described in clause 7i74 7,b7 ,exemption ,the term ,transmission ,planning ,region does not include the ,electric ,reliability ,council of ,texas or the region served by members of the ,electric ,reliability ,council of ,texas4 7b7 ,rulemaking ,not later than #f months after the date of enactment of this section1 the ,commission shall propose a rule1 and not later than #ah months after the date of enactment of this section1 the ,commission shall issue a final rule1 to modify and augment existing transmission planning processes1 so as to-- 7#a7 integrate the planning for interregional transmission facilities1 regional transmission facilities1 and covered local transmission facilities2 7#b7 account for near-term 7less than #e years71 medium term 7#e-aj years71 and long term 7#aj-bj years and beyond7 transmission needs2 7#c7 ensure that more efficient or cost-effective long-term solutions replace the need for less efficient short-term solutions2 and 7#d7 utilize a reasonable number of scenarios of #bj years or more that include a reasonable number of factors that affect electricity demand and current and future resource mix1 including-- 7,a7 ,federal1 ,state1 and local laws and regulations1 and laws and regulations of federally recognized ,indian ,tribes1 affecting the resource mix and electricity demand2 7,b7 ,state-approved integrated resource plans2 7,c7 trends in fuel costs and in the cost1 performance1 and availability of technologies for generation1 energy storage resources1 and building and transportation electrification2 7,d7 planned retirement of generation facilities2 7,e7 generator and load interconnection requests2 7,f7 ,federal1 ,state1 and local policy goals and policy goals of federally recognized ,indian ,tribes2 and 7,g7 the risk of extreme weather events4 7c7 ,joint planning ,the final rule issued under subsection 7b7 shall-- 7#a7 require each ,transmission ,planning ,region to jointly plan with each of its immediately adjacent ,transmission ,planning ,regions2 7#b7 require each ,transmission ,planning ,region to solicit transmission solutions1 recommended assumptions1 and cost estimation guides from transmission owners and developers2 7#c7 require each ,transmission ,planning ,region to submit to the ,commission for approval a joint transmission plan with immediately adjacent ,transmission ,planning ,regions1 which requirement may1 at the discretion of the ,transmission ,planning ,region1 be satisfied through the submission of-- 7,a7 a separate joint transmission plan with each immediately adjacent ,transmission ,planning ,region2 or 7,b7 #a or more joint transmission plans1 any of which may be submitted with one or more immediately adjacent ,transmission ,planning ,regions2 7#d7 require each transmitting utility and owner of a covered local transmission facility to provide to the relevant ,transmission ,planning ,region an in-kind replacement estimate2 7#e7 require each ,transmission ,planning ,region to identify in each joint transmission plan submitted to the ,commission pursuant to paragraph 7#c7 the covered local transmission facilities1 regional transmission facilities1 and interregional transmission facilities that are in the service territory of the ,transmission ,planning ,region2 and 7#f7 establish cost allocation methodologies applicable to projects selected for cost allocation under the transmission planning processes modified and augmented under subsection 7b7 that are just and reasonable and allocate the costs of transmission to customers that receive transmission benefits4 7d7 ,plan elements ,the final rule issued under subsection 7b7 shall require that joint transmission plans contain the following elements3 7#a7 ,common selection methodology ,a methodology that-- 7,a7 allows for the joint identification and selection1 by any immediately adjacent ,transmission ,planning ,region1 of specific regional transmission facilities1 interregional transmission facilities1 and covered local transmission facilities for construction or modification1 including through the use of advanced transmission conductors 7including superconductors71 reconductoring1 and grid-enhancing technologies2 7,b7 reflects a comprehensive accounting of transmission benefits1 such that total transmission benefits net of costs can be maximized in consideration of public interest2 and 7,c7 takes into account existing transmission plans as of the date of enactment of this section4 7#b7 ,minimum interregional transfer capability ,an identification of the optimal transfer capability between each ,transmission ,planning ,region and any immediately adjacent ,transmission ,planning ,region4 7#c7 ,selection criteria ,criteria governing the selection by ,transmission ,planning ,regions1 for construction or modification1 of transmission facilities that-- 7,a7 provide improved reliability1 resource adequacy1 or resilience2 7,b7 protect or benefit consumers2 and 7,c7 are consistent with the public interest4 7e7 ,deadline2 updates ,the joint transmission plans required to be submitted to the ,commission pursuant to the final rule issued under subsection 7b7 shall be-- 7#a7 submitted to the ,commission not later than #a year after the date such final rule takes effect2 and 7#b7 updated and submitted to the ,commission not less frequently than once every #c years thereafter4 7f7 ,commission review ,the ,commission shall-- 7#a7 review each joint transmission plan submitted pursuant to the final rule issued under subsection 7b72 and 7#b7 approve such joint transmission plan if the ,commission finds that the plan-- 7,a7 meets the requirements of subsection 7d72 7,b7 allocates costs in accordance with subsection 7g72 7,c7 ensures that all rates1 charges1 terms1 and conditions will be just and reasonable and not unduly discriminatory or preferential2 and 7,d7 is consistent with the public interest4 7g7 ,cost allocation 7#a7 ,transmission tariffs ,for the purposes of this section1 any transmitting utility that owns1 controls1 or operates transmission facilities constructed or modified pursuant to a joint transmission plan submitted pursuant to this section may file a tariff or tariff revision with the ,commission pursuant to section #bje and the regulations of the ,commission allocating the costs of the new or modified transmission facilities4 ,any cost allocation methodology filed for such a transmission project shall reflect cost allocation principles adopted by the ,commission in the final rule issued under this section4 7#b7 ,requirement ,the ,commission shall require that tariffs or tariff revisions filed pursuant to this section are just and reasonable and allocate the costs in a manner commensurate with benefits1 including through transmission benefits4 7#c7 ,ratepayer protection ,customers that receive no reasonably identifiable benefit1 from the construction or modification of a transmission facility pursuant to this section shall not be involuntarily allocated any of the costs of such construction or modification4 7h7 ,construction permit ,for the purposes of obtaining a construction permit under section #baf7;b71 a project that is selected by a ,transmission ,planning ,region pursuant to a joint transmission plan shall be considered to satisfy paragraphs 7#b7 through 7#f7 of section #baf7;b74 7i7 ,dispute resolution ,in the event of a dispute with an immediately adjacent ,transmission ,planning ,region with respect to a material element of a joint transmission plan-- 7#a7 each applicable ,transmission ,planning ,region shall submit to the ,commission their respective proposals for resolving the material element in dispute for resolution2 and 7#b7 not later than #fj days after the proposals are submitted under paragraph 7#a71 the ,commission shall issue an order directing a resolution to the dispute4 7j7 ,failure ,to submit plan ,if a ,transmission ,planning ,region fails to submit to the ,commission a joint transmission plan pursuant to this section1 the ,commission shall1 as the ,commission determines to be appropriate-- 7#a7 grant a request for a one-time extension of the time for submission of the joint transmission plan by up to #ahj days2 7#b7 require the affected ,transmission ,planning ,region to submit to the ,commission a joint transmission plan by a firm date established by the ,commission or be subject to civil penalty under this ,act for noncompliance2 or 7#c7 require the affected ,transmission ,planning ,region to comply with a joint transmission plan approved by the ,commission-- 7,a7 based on the record of the planning process conducted by the transmission planning region2 and 7,b7 in accordance with the cost allocation provisions in subsection 7g74 7k7 ,,nepa ,for purposes of the ,national ,environmental ,policy ,act of #aifi-- 7#a7 any acceptance of a joint transmission plan submitted to the ,commission pursuant to the final rule issued under this section1 or issuance of an order directing resolution of a dispute under subsection 7i71 shall not be considered a major ,federal action2 and 7#b7 granting a permit under section #baf7;b7 for a project that is selected by a ,transmission ,planning ,region pursuant to a joint transmission plan shall be considered a major ,federal action4 7l7 ,savings provisions ,except as expressly provided in this section1 nothing in this section shall be construed as conferring1 limiting1 or impairing any authority of the ,commission under any other provision of law4 4 7b7 ,siting of interregional facilities ,section #baf7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7b77 is amended by inserting selected for construction or modification pursuant to a joint transmission plan approved by the ,commission pursuant to section #bbd or after construction or modification of electric transmission facilities4 7c7 ,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 sentence1 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 7d7 ,savings provision ,nothing in this section or an amendment made by this section grants the ,federal ,energy ,regulatory ,commission authority over sales of electricity at retail or the local distribution of electricity4