II 110th CONGRESS 1st Session S. 1972 IN THE SENATE OF THE UNITED STATES August 2, 2007 Mr. Schumer (for himself and Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act to modify a provision relating to the siting of interstate electric transmission facilities.

1.

Siting of interstate electric transmission facilities

Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended— (1)in subsection (b)— (A)in the matter preceding paragraph (1), by striking subsection (i) and inserting subsection (h); and (B)in paragraph (1)— (i)in subparagraph (B), by striking or at the end; and (ii)by striking subparagraph (C) and inserting the following: (C)a State commission or other State entity that has authority to approve the siting of facilities has approved the siting of a proposed facility; or (D)a State commission or other State entity that has authority to approve the siting of facilities has unreasonably withheld a determination, or delayed making a determination, regarding the siting of a proposed facility for a period of not less than 2 years after the date on which the applicable permit application was filed; ; (2)by striking subsections (e) and (f); (3)by redesignating subsections (c), (d), (g), (h), (i), (j), and (k) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (4)by inserting after subsection (b) the following: (c)

Effect of State action

The Commission shall not issue a permit under this section if a State commission or other State entity has denied an application for a permit for the same project submitted to the State commission or other entity during the 2-year period beginning on the date on which the permit application is submitted to the State commission or other entity. ; and (5)in subsection (i)(2) (as redesignated by paragraph (3)), by striking Subsection (h)(6) and inserting Subsection (g)(6).