Page:United States Statutes at Large Volume 106 Part 4.djvu/183

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PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2919 "(4) To the extent the Administrator of the Bonneville Power Administration cannot be required under section 211, as a result of the Administrator's other statutory mandates, either to (A) provide transmission service to an applicant which the Commission would otherwise order, or (B) provide such service under rates, terms, and conditions which the Commission would otherwise require, the applicant shall not be required to provide similar transmission services to the Administrator or to provide such services under similar rates, terms, and conditions. "(5) The Commission shall not issue any order under section 210, section 211, this section, or section 213 requiring the Administrator of the Bonneville Power Administration to provide transmission service if such an order would impair the Administrator's ability to provide such transmission service to the Administrator's power and transmission customers in the Pacific Northwest, as that region is defined in section 3(14) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839a(14)), as is needed to assure adequate and reliable service to loads in that region. "( j) EQUITABILITY WITHIN TERRITORY RESTRICTED ELECTRIC SYS- TEMS. —With respect to an electric utility which is prohibited by Federal law from being a source of power supply, either directly or through a distributor of its electric energy, outside an area set forth in such law, no order issued under section 211 may require such electric utility (or a distributor of such electric utility) to provide transmission services to another entity if the electric energy to be transmitted will be consumed within the area set forth in such Federal law, unless the order is in furtherance of a sale of electric energy to that electric utility: Provided, however, That the foregoing provision shall not apply to any area served at retail by an electric transmission system which was such a distributor on the date of enactment of this subsection and which before October 1, 1991, gave its notice of termination under its power supply contract with such electric utility, "(k) ERGOT UTILITIES. — "(1) RATES.— Any order under section 211 requiring provision of transmission services in whole or in part within ERCOT shall provide that any ERCOT utility which is not a public utility and the transmission facilities of which are actually used for such transmission service is entitled to receive compensation based, insofar as practicable and consistent with subsection (a), on the transmission ratemaking methodology used by the Public Utility Commission of Texas. " (2) DEFINITIONS.— For purposes of this subsection— "(A) the term 'ERCJOr means the Electric Reliability Council of Texas; and "(B) the term 'ERCOT utility* means a transmitting utility which is a member of ERCOT.". SEC. 723. INFORMATION REQUIREMENTS. Part II of the Federal Power Act is amended by adding the following new section after section 212: "SEC. 213. INFORMATION REQUIREMENTS. 16 USC 824/. "(a) REQUESTS FOR WHOLESALE TRANSMISSION SERVICES.— Whenever any electric utility. Federal power marketing agency, or any other person generating electric energy for sale for resale makes a good faith request to a transmitting utility to provide