,,ii #aaith ,,congress #b;d ,session ,s4 #ejjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #af1 #bjbf,mr4 ,heinrich introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to require ,regional ,transmission ,organizations and ,independent ,system ,operators administering an open access transmission tariff to offer basic access service for energy-only delivery1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,grid ,connection and ,congestion ,management ,act4 #b4 ,basic access service for energy-only delivery ,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 ,basic access service for energy-only delivery 7a7 ,definitions ,in this section3 7#a7 ,basic access service for energy-only delivery ,the term basic access service for energy-only delivery means interconnection service that permits a generating facility to interconnect and inject at the point of interconnection up to the level approved through an evaluation described in subsection 7d77#a71 subject to that evaluation and the conditions described in subsection 7f74 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,deliverability ,the term deliverability means the ability of a generating facility to deliver electric energy to load1 market1 or transmission service points without congestion-related curtailment4 7#d7 ,generating facility ,the term generating facility means a device of an interconnection customer for the production or storage of electricity1 as identified in an interconnection request submitted under a ,commission-jurisdictional tariff4 7#e7 ,interconnection customer ,the term interconnection customer means any person that proposes to interconnect a generating facility with the transmission system of a ,regional ,transmission ,organization or ,independent ,system ,operator4 7#f7 ,open access transmission tariff ,the term open access transmission tariff means a tariff providing for transmission service that complies with the provisions of section #ce4bh of title #ah1 ,code of ,federal ,regulations 7or a successor regulation74 7#g7 ,reliability standard ,the term reliability standard has the meaning given the term in section #bae7;a74 7#h7 ,transmission system ,the term transmission system means the facilities of a ,regional ,transmission ,organization or ,independent ,system ,operator that are used to provide wholesale transmission services4 7b7 ,unjust and unreasonable practices 7#a7 ,in general ,subject to paragraph 7#b71 beginning #a year after the date of enactment of this section1 it shall be unjust and unreasonable within the meaning of sections #bje and #bjf for any ,regional ,transmission ,organization or ,independent ,system ,operator to maintain rates1 terms1 or conditions of service that do not provide for basic access service for energy-only delivery4 7#b7 ,effect of timely tariff filing ,if a ,regional ,transmission ,organization or ,independent ,system ,operator submits a tariff filing by the applicable deadline under subsection 7c71 including any extended deadline under paragraph 7#c7 of that subsection1 paragraph 7#a7 shall apply to that ,regional ,transmission ,organization or ,independent ,system ,operator beginning on the later of-- 7,a7 the date described in paragraph 7#a72 and 7,b7 the date on which the ,commission accepts the filing or fixes rates1 terms1 and conditions of service under subsection 7j74 7c7 ,tariff filings 7#a7 ,in general ,subject to paragraph 7#c71 not later than #ahj days after the date of enactment of this section1 each ,regional ,transmission ,organization and ,independent ,system ,operator shall submit to the ,commission pursuant to section #bje conforming revisions to the open access transmission tariff of the ,regional ,transmission ,organization or ,independent ,system ,operator to offer basic access service for energy-only delivery4 7#b7 ,requirements ,revisions to an open access transmission tariff under paragraph 7#a7 shall-- 7,a7 establish a study process1 including proposed timelines under subsection 7i71 for evaluating requests for basic access service for energy-only delivery meeting the requirements of subsections 7d7 and 7h72 7,b7 grant interconnection rights in accordance with subsection 7e72 7,c7 condition service only to the extent permitted under subsection 7f72 and 7,d7 provide a pathway to transition from basic access service for energy-only delivery to other types of interconnection service offered by the ,regional ,transmission ,organization or ,independent ,system ,operator1 in accordance with subsection 7g74 7#c7 ,extension ,on a showing of good cause1 the ,commission may extend by not more than #ahj days the deadline for submission of revisions under paragraph 7#a7 by #a or more ,regional ,transmission ,organizations or ,independent ,system ,operators4 7d7 ,evaluation of request 7#a7 ,in general ,the evaluation of a request for basic access service for energy-only delivery shall-- 7,a7 consist of only the set of steady-state 7thermal and voltage71 short-circuit1 stability analysis1 and facilities studies1 as provided for under section #ce4bh of title #ah1 ,code of ,federal ,regulations 7or a successor regulation7 7and the corresponding generator interconnection procedures71 that are necessary to determine whether additional transmission facilities or upgrades to existing transmission facilities are needed to reliably interconnect a new or modified generating facility to the transmission system of the applicable ,regional ,transmission ,organization or ,independent ,system ,operator in compliance with applicable reliability standards2 and 7,b7 reflect the expected operating characteristics of the generating facility1 including any operating limits1 curtailment provisions1 or modifications to the generating facility proposed or agreed to by the interconnection customer4 7#b7 ,findings 7,a7 ,in general ,an evaluation under paragraph 7#a7 shall identify-- 7i7 the maximum level of injection at the point of interconnection that can be accommodated without additional transmission facilities or upgrades to existing transmission facilities2 7ii7 any additional transmission facilities or upgrades to existing transmission facilities necessary to accommodate injection above the level identified under clause 7i71 up to the level requested by the interconnection customer2 and 7iii7 each constraint assumed under paragraph 7#d7 to be managed through operational measures4 7,b7 ,election ,an interconnection customer may elect to receive basic access service for energy-only delivery-- 7i7 at the level identified under subparagraph 7,a77i7 without additional transmission facilities or upgrades2 or 7ii7 at a higher approved level1 subject to subsection 7f77#b74 7#c7 ,deliverability limitation 7,a7 ,in general ,the evaluation described in paragraph 7#a7 shall not be used to identify facilities or upgrades1 or require the construction of facilities1 for the purpose of-- 7i7 enabling the deliverability of electric energy from the generating facility to load1 market1 or transmission service points2 or 7ii7 ensuring that the generating facility will not experience congestion-related curtailment4 7,b7 ,incidental effects on deliverability or congestion-related curtailment ,nothing in subparagraph 7,a7 prohibits the identification of facilities or upgrades that-- 7i7 are necessary to reliably interconnect a generating facility in compliance with applicable reliability standards2 and 7ii7 may have incidental effects on deliverability or congestion-related curtailment4 7#d7 ,operationally manageable constraints ,an evaluation under paragraph 7#a7-- 7,a7 shall assume that a constraint identified in the evaluation will be managed through operational measures1 including redispatch1 curtailment1 operating limits1 and remedial action schemes2 and 7,b7 may identify facilities or upgrades for a constraint only to the extent that operational measures cannot maintain compliance with applicable reliability standards4 7#e7 ,study timelines ,the applicable ,regional ,transmission ,organization or ,independent ,system ,operator shall establish procedures to complete the evaluation of a request for basic access service for energy-only delivery not later than #a year after the date on which the request is submitted4 7e7 ,interconnection rights ,basic access service for energy-only delivery shall be subject to operating limits1 curtailment provisions1 and the terms of the applicable interconnection agreement1 so long as those limits1 provisions1 and terms are not unjust1 unreasonable1 or unduly discriminatory or preferential4 7f7 ,conditions of service 7#a7 ,congestion-related curtailment ,basic access service for energy-only delivery may be subject to congestion-related curtailment1 including curtailment associated with constraints identified in the evaluation under subsection 7d77#a74 7#b7 ,upgrade identification and cost responsibility ,construction and cost responsibility for basic access service for energy-only delivery shall be limited to facilities or upgrades identified as necessary through the evaluation under subsection 7d77#a71 unless such identification is based solely on the facility or upgrade-- 7,a7 increasing deliverability2 7,b7 reducing congestion-related curtailment2 or 7,c7 satisfying a deliverability1 capacity deliverability1 or congestion-impact screen not required for the evaluation under subsection 7d77#a74 7g7 ,transition path ,an interconnection customer receiving basic access service for energy-only delivery may transition to any other interconnection service1 including network resource interconnection service-- 7#a7 under the process and terms provided to interconnection customers that are not receiving basic access service for energy-only delivery2 and 7#b7 without forfeiting the right to continue operating under this section until the applicable generating facility begins receiving any other interconnection service4 7h7 ,independent study election 7#a7 ,in general ,an interconnection customer requesting basic access service for energy-only delivery may elect to have the evaluation described in subsection 7d77#a7 conducted independently of any grouped study process1 such as a cluster study that evaluates many interconnection requests simultaneously4 7#b7 ,limitation ,a ,regional ,transmission ,organization or ,independent ,system ,operator may not-- 7,a7 condition the availability of basic access service for energy-only delivery on participation in a grouped study process described in paragraph 7#a72 7,b7 make the evaluation or provision of basic access service for energy-only delivery contingent on the completion of any grouped study process described in that paragraph1 including any interconnection study process of the ,regional ,transmission ,organization or ,independent ,system ,operator used for other types of interconnection service2 or 7,c7 delay the commencement or completion of an evaluation described in subsection 7d77#a7 pending the commencement or completion of any grouped study process described in paragraph 7#a74 7#c7 ,permitted conditions ,in order to facilitate the evaluation and interconnection of interconnection customers requesting basic access service for energy-only delivery in a manner that does not slow the completion of any grouped study process described in paragraph 7#a71 a ,regional ,transmission ,organization or ,independent ,system ,operator may condition the basic access service for energy-only delivery for that interconnection customer on-- 7,a7 curtailment by the interconnection customer to mitigate system impacts revealed in the evaluation carried out pursuant to subsection 7d77#a72 or 7,b7 modifications to the generating facility proposed by the interconnection customer to be interconnected to the transmission system of the ,regional ,transmission ,organization or ,independent ,system ,operator to mitigate or avoid those impacts4 7i7 ,study timelines ,each tariff filing under subsection 7c7 shall include-- 7#a7 proposed timelines for completing the evaluation under subsection 7d77#a72 and 7#b7 supporting information that-- 7,a7 demonstrates that those timelines are reasonable2 and 7,b7 accounts for the scope of review needed to reliably interconnect a generating facility under that subsection4 7j7 ,commission action on tariff proposals 7#a7 ,in general ,not later than #ahj days after the filing of a tariff proposal under subsection 7c71 the ,commission shall-- 7,a7 accept the filing1 if the ,commission determines that the filing complies with this section and is otherwise just1 reasonable1 and not unduly discriminatory or preferential2 or 7,b7 fix such rates1 terms1 and conditions of service as the ,commission determines to be just1 reasonable1 not unduly discriminatory or preferential1 and in compliance with this section4 7#b7 ,timelines ,in carrying out paragraph 7#a71 the ,commission may accept1 reject1 or modify a proposed timeline in the tariff proposal4 7k7 ,commission establishment of pro forma tariff 7#a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,commission shall revise the pro forma open access transmission tariff to integrate basic access service for energy-only delivery into that pro forma tariff in a manner that meets the requirements of this section4 7#b7 ,variation ,the ,commission may permit a ,regional ,transmission ,organization or ,independent ,system ,operator to seek variation from the pro forma tariff revised under paragraph 7#a7 to the extent that the variations-- 7,a7 are consistent with or superior to the pro forma tariff2 and 7,b7 meet all requirements of this section4 7#c7 ,effect of acceptance of tariff ,acceptance by the ,commission of a tariff proposal submitted under subsection 7c7 shall not1 on its own1 establish compliance with the requirements of the pro forma open access transmission tariff revised under paragraph 7#a74 7#d7 ,commission authority ,in revising the pro forma open access transmission tariff under paragraph 7#a71 the ,commission may establish-- 7,a7 benchmark timelines1 timeline-review standards1 and best practices for completing the evaluation under subsection 7d77#a71 including standards for modifying timelines established pursuant to this section2 7,b7 standards for transparency with respect to constraints identified under subsection 7d71 including the operational measures and operating limits applicable to basic access service for energy-only delivery2 and 7,c7 any other process or policy that is at least as stringent as the requirements of this section4 7l7 ,complaints 7#a7 ,in general ,the ,commission shall act on the merits of any complaint filed pursuant to section #bjf alleging noncompliance with this section not later than #ahj days after the date on which the complaint is filed4 7#b7 ,consolidation ,to maximize administrative efficiency1 the ,commission may consolidate and act on related complaints with respect to a given ,regional ,transmission ,organization or ,independent ,system ,operator4 7m7 ,severability ,if any provision of this section1 or the application of any provision of this section to any person or circumstance1 is held invalid1 the remainder of this section1 and the application of the provisions of this section to any other person or circumstance1 shall not be affected4 4