PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 955
rapidly available, high-quality power for critical governmental, industrial, or commercial applications. (d) AUTHORIZATION.—There are authorized to be appropriated to the Secretary for the purposes of this section, $10,000,000 for each of the fiscal years 2006 through 2012.
Subtitle C—Transmission Operation Improvements SEC. 1231. OPEN NONDISCRIMINATORY ACCESS.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by inserting after section 211 (16 U.S.C. 824j) the following: ‘‘SEC. 211A. OPEN ACCESS BY UNREGULATED TRANSMITTING UTILITIES.
16 USC 824j–1.
‘‘(a) DEFINITION OF UNREGULATED TRANSMITTING UTILITY.—In this section, the term ‘unregulated transmitting utility’ means an entity that— ‘‘(1) owns or operates facilities used for the transmission of electric energy in interstate commerce; and ‘‘(2) is an entity described in section 201(f). ‘‘(b) TRANSMISSION OPERATION SERVICES.—Subject to section 212(h), the Commission may, by rule or order, require an unregulated transmitting utility to provide transmission services— ‘‘(1) at rates that are comparable to those that the unregulated transmitting utility charges itself; and ‘‘(2) on terms and conditions (not relating to rates) that are comparable to those under which the unregulated transmitting utility provides transmission services to itself and that are not unduly discriminatory or preferential. ‘‘(c) EXEMPTION.—The Commission shall exempt from any rule or order under this section any unregulated transmitting utility that— ‘‘(1) sells not more than 4,000,000 megawatt hours of electricity per year; ‘‘(2) does not own or operate any transmission facilities that are necessary for operating an interconnected transmission system (or any portion of the system); or ‘‘(3) meets other criteria the Commission determines to be in the public interest. ‘‘(d) LOCAL DISTRIBUTION FACILITIES.—The requirements of subsection (b) shall not apply to facilities used in local distribution. ‘‘(e) EXEMPTION TERMINATION.—If the Commission, after an evidentiary hearing held on a complaint and after giving consideration to reliability standards established under section 215, finds on the basis of a preponderance of the evidence that any exemption granted pursuant to subsection (c) unreasonably impairs the continued reliability of an interconnected transmission system, the Commission shall revoke the exemption granted to the transmitting utility. ‘‘(f) APPLICATION TO UNREGULATED TRANSMITTING UTILITIES.— The rate changing procedures applicable to public utilities under subsections (c) and (d) of section 205 are applicable to unregulated transmitting utilities for purposes of this section.
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