II 112th CONGRESS 1st Session S. 400 IN THE SENATE OF THE UNITED STATES February 17, 2011 Mr. Corker (for himself, Mr. Wyden, Ms. Murkowski, Mr. Burr, Mr. Graham, Mr. Chambliss, and Mr. Lee) 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 ensure that rates and charges for electric energy are assessed in proportion to measurable reliability or economic benefit, and for other purposes.

1.

Allocation of rates or charges for electric energy

Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended— (1)by striking the section heading and all that follows through (a) All and inserting the following:

205.

Rates and charges

(a)

In general

(1)

Requirement

Subject to paragraph (2), all

; and (2)by adding at the end the following: (2)

Allocation

No rate or charge for or in connection with the transmission of electric energy contained in any filing made under subsection (c) or any proceeding initiated under section 206(a) after June 17, 2010, shall be considered just and reasonable unless the rate or charge is based on an allocation of costs for new transmission facilities that is reasonably proportionate to measurable economic or reliability benefits projected, as determined by the Commission, to accrue to the 1 or more persons that pay the rate or charge. .