[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2480 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2480

   To require the Federal Energy Regulatory Commission to promulgate 
  regulations with respect to regional and interregional transmission 
                   planning, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2023

  Mr. Markey (for himself, Ms. Smith, Mr. Whitehouse, Ms. Warren, Mr. 
    Sanders, Mr. Merkley, Mr. Carper, and Mr. Welch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To require the Federal Energy Regulatory Commission to promulgate 
  regulations with respect to regional and interregional transmission 
                   planning, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Connecting Hard-to-reach Areas with 
Renewably Generated Energy Act of 2023'' or the ``CHARGE Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) current transmission planning is fractured across many 
        jurisdictions, prioritizes incumbent entities and highly 
        localized transmission, and fails to identify cost-effective 
        solutions for 21st century needs;
            (2) the historical structure, regulations, and incentives 
        of the electric power system lead to under-planning and under-
        investment in the regional and interregional transmission lines 
        that are needed for a reliable and resilient grid;
            (3) much of the existing transmission infrastructure of the 
        United States is in need of significant upgrade or replacement;
            (4) the energy sector of the United States is at a critical 
        juncture, with a rapidly changing power generation mix and new 
        public policy mandates;
            (5) it is imperative to proactively plan for electricity 
        transmission in the future, including by taking into account 
        long-term changes to demand and load growth;
            (6) renewable energy resources must be incorporated into 
        the grid efficiently in order to meet State and Federal 
        decarbonization goals;
            (7) the public desires, and has a right to, electricity 
        data that are transparent, organized, and accessible;
            (8) having reliable and diverse sources of electricity 
        generation is a foundational need for the entire economy;
            (9) climate change has increased the frequency and 
        intensity of severe weather events that affect the grid;
            (10) it is in the national interest to implement policies 
        that provide effective electric infrastructure to save 
        consumers money, avoid preventable damage, ensure energy 
        reliability, and save lives;
            (11) the Federal Government has a responsibility to combat 
        rising transmission costs and ensure customers receive just and 
        reasonable rates for electricity;
            (12) industry experience, scientific studies, and modern 
        examples of reformed electricity transmission provide 
        confidence that new public policies and regulatory guidance 
        will achieve more efficient and beneficial planning than the 
        status quo; and
            (13) there is increasing opportunity for public, Tribal, or 
        rural cooperative development of transmission due to the 
        recently established direct-pay incentives under section 6417 
        of the Internal Revenue Code of 1986, enacted by section 13801 
        of Public Law 117-169 (commonly known as the ``Inflation 
        Reduction Act of 2022'') (136 Stat. 2003).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Independent system operator.--The term ``Independent 
        System Operator'' has the meaning given the term in section 3 
        of the Federal Power Act (16 U.S.C. 796).
            (3) Interconnection customer.--The term ``interconnection 
        customer'' means an individual or entity that has submitted to 
        the owner or operator of a transmission facility or 
        transmission system a request to interconnect a generation 
        project or energy storage project that is subject to the 
        jurisdiction of the Commission.
            (4) Interregional transmission planning process.--The term 
        ``interregional transmission planning process'' means a joint 
        process by transmission providers in 2 or more adjacent 
        transmission planning regions to evaluate electric energy 
        transmission needs.
            (5) Load-serving entity.--The term ``load-serving entity'' 
        has the meaning given the term in section 217(a) of the Federal 
        Power Act (16 U.S.C. 824q(a)).
            (6) Regional transmission organization.--The term 
        ``Regional Transmission Organization'' has the meaning given 
        the term in section 3 of the Federal Power Act (16 U.S.C. 796).
            (7) Transmission facility.--The term ``transmission 
        facility'' means a facility that is used for the transmission 
        of electric energy in interstate commerce.
            (8) Transmission planning region.--The term ``transmission 
        planning region'' means a region for which electric energy 
        transmission planning is appropriate, as determined by the 
        Commission, such as a region established pursuant to the 
        guidance contained in the final rule of the Commission entitled 
        ``Transmission Planning and Cost Allocation by Transmission 
        Owning and Operating Public Utilities'' (76 Fed. Reg. 49842 
        (August 11, 2011)).
            (9) Transmission provider.--The term ``transmission 
        provider'' means a public utility (as defined in section 201(e) 
        of the Federal Power Act (16 U.S.C. 824(e))) that owns, 
        operates, or controls 1 or more transmission facilities.

SEC. 4. TRANSMISSION PLANNING AND COST ALLOCATION.

    (a) Rulemaking.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall promulgate a final rule 
that--
            (1) establishes transmission planning processes and cost-
        allocation processes that--
                    (A) ensure that transmission providers--
                            (i) engage in interregional transmission 
                        planning processes and interconnection-wide 
                        transmission planning processes, in conjunction 
                        with transmission planning processes within 
                        transmission planning regions;
                            (ii) harmonize interregional transmission 
                        planning processes and interconnection-wide 
                        transmission planning processes with other 
                        regional transmission planning processes, such 
                        as by using a joint model on a consistent 
                        timeline with a unified set of minimum 
                        requirements regarding needs, input 
                        assumptions, and benefit metrics;
                            (iii) include as part of planning and cost-
                        allocation processes the use of grid-enhancing 
                        transmission technologies and alternative 
                        transmission technologies that increase 
                        delivery of power over transmission networks, 
                        including, at a minimum--
                                    (I) dynamic line ratings;
                                    (II) topology optimization;
                                    (III) power flow control;
                                    (IV) advanced conductors and 
                                superconductors; and
                                    (V) storage-as-transmission;
                            (iv) conduct interregional and 
                        interconnection-wide planning regularly and not 
                        less frequently than once every 5 years;
                            (v) conduct interregional and 
                        interconnection-wide planning based on a range 
                        of possible future load and generation 
                        scenarios; and
                            (vi) are required to incorporate in a 
                        transmission planning process the full scope of 
                        benefits of transmission investment, including, 
                        at a minimum--
                                    (I) reduced costs of electric 
                                energy to customers, including reduced 
                                costs associated with lower quantities 
                                of necessary capacity, ancillary 
                                services, and reserve margins;
                                    (II) access to resources in 
                                neighboring transmission planning 
                                regions;
                                    (III) the transmission of renewable 
                                energy or the ability of renewable 
                                energy to connect to the grid;
                                    (IV) improvements in reliability, 
                                resilience, and flexibility of the 
                                grid, including, at a minimum--
                                            (aa) reduced loss of load 
                                        probability;
                                            (bb) increased resource 
                                        diversity;
                                            (cc) increased climate 
                                        hardening; and
                                            (dd) increased ability to 
                                        maintain functionality during 
                                        regionally appropriate weather 
                                        conditions and severe weather 
                                        scenarios;
                                    (V) leveraging resources across 
                                climatological patterns or time zones 
                                to account for resource availability 
                                and weather patterns;
                                    (VI) avoidance, to the maximum 
                                extent practicable, of sensitive 
                                environmental areas and cultural 
                                heritage sites;
                                    (VII) reasonable and economical use 
                                of existing rights-of-way;
                                    (VIII) market facilitation 
                                benefits, including, at a minimum, 
                                increased competitiveness, liquidity, 
                                and integrity of broader geographic 
                                markets;
                                    (IX) avoided costs and deferred 
                                cost savings, including reduced 
                                generation costs and reduced future 
                                transmission investment costs;
                                    (X) the integration of grid-
                                enhancing technologies;
                                    (XI) meeting local, State, and 
                                Federal policy goals, including goals 
                                established in decarbonization, 
                                climate, and clean energy laws 
                                (including regulations);
                                    (XII) protections to maintain just 
                                and reasonable rates for customers; and
                                    (XIII) any other production costs 
                                savings or other economic benefits from 
                                proposed transmission projects;
                    (B) require that regional and interregional cost-
                allocation methodologies allocate costs on the basis of 
                the multiple benefits described in subclauses (I) 
                through (XIII) of subparagraph (A)(vi);
                    (C) incorporate a 10- to 20-year future resource 
                mix for each load-serving entity and State;
                    (D) ensure that local or regional transmission 
                planning processes do not impair interregional and 
                interconnection-wide transmission planning processes;
                    (E) require transmission providers to maximize the 
                use of portfolio-based cost allocations;
                    (F) in cases in which costs and benefits are 
                difficult to quantify, may allocate transmission 
                investment costs among transmission system customers in 
                proportion to--
                            (i) in the case of regional projects, the 
                        share of electricity of each customer in the 
                        region; or
                            (ii) in the case of interregional projects, 
                        the share of electricity of each customer in 
                        each applicable region; and
                    (G) to the extent practicable, prevent transmission 
                providers from using cost-allocation methodologies 
                that--
                            (i) discourage distributed generation, 
                        energy efficiency, demand response, or storage 
                        if more economic than transmission;
                            (ii) are constrained by consideration only 
                        of benefits that are easy to allocate; or
                            (iii) undermine previous cost-allocation 
                        agreements for projects already in operation; 
                        and
            (2) allows a transmission developer of an interregional 
        transmission project to submit to the Commission a request to 
        recover all or a portion of the costs of the project under 
        section 205 of the Federal Power Act (16 U.S.C. 824d) if--
                    (A) the project is selected through a transmission 
                planning process that meets the criteria described in 
                paragraph (1), in accordance with the transmission 
                planning processes and cost-allocation processes 
                established under that paragraph; or
                    (B) the transmission developer demonstrates to the 
                satisfaction of the Commission that--
                            (i) the project connects more than 1 
                        transmission planning region; and
                            (ii) the benefits of the project 
                        substantially outweigh the costs of the project 
                        after accounting for any transmission projects 
                        developed pursuant to a transmission planning 
                        process that meets the criteria described in 
                        paragraph (1).
    (b) Cost Recovery and Allocation Requirements.--
            (1) Cost-benefit analysis.--In making a determination under 
        subsection (a)(2)(B)(ii) of whether a transmission developer 
        has demonstrated to the satisfaction of the Commission that the 
        benefits of a project substantially outweigh the costs of the 
        project, the Commission shall consider the benefits described 
        in subsection (a)(1)(A)(vi).
            (2) Allocation.--For transmission projects that meet the 
        criteria of subparagraph (A) or (B) of subsection (a)(2), the 
        Commission shall allocate the costs of those transmission 
        projects to customers in the applicable regions that benefit 
        from those projects--
                    (A) using the benefits described in subsection 
                (a)(1)(A)(vi); or
                    (B) in cases in which those benefits are difficult 
                to quantify, using the cost allocation methodology 
                described in subsection (a)(1)(F).
            (3) Savings provision.--Nothing in this section limits, or 
        may be construed to limit, any rights of transmission 
        developers to submit and have rates approved by the Commission 
        pursuant to section 205 of the Federal Power Act (16 U.S.C. 
        824d).
    (c) Availability of Resource Plans.--The Commission may require a 
load-serving entity to make publicly available any applicable resource 
plans, including any plans relating to the requirement described in 
subsection (a)(1)(C), if, in the determination of the Commission, the 
plans are not adequately described in publicly stated plans in 
Securities and Exchange Commission filings, State agency filings, and 
power purchase contracts.
    (d) Technical Conferences.--
            (1) In general.--As part of the rulemaking process under 
        subsection (a), the Commission may convene a technical 
        conference to consider implementation details, as the 
        Commission determines to be appropriate.
            (2) Participation.--
                    (A) Leadership.--A technical conference convened 
                under paragraph (1) may be led by the members of the 
                Commission, subject to subparagraph (B).
                    (B) Required invitations.--On election under 
                subparagraph (A) by members of the Commission to lead a 
                technical conference, the Commission shall invite to 
                participate in the technical conference representatives 
                of residential ratepayers, transmission providers, 
                environmental justice and equity groups, Tribal 
                communities, Independent System Operators, Regional 
                Transmission Organizations, consumer protection groups, 
                renewable energy advocates, State utility commission 
                and energy offices, and such other entities as the 
                Commission determines to be appropriate.
                    (C) Timeline.--The Commission may establish and 
                enforce a timeline for a technical conference convened 
                under paragraph (1) that discourages actions by 
                participants that may unnecessarily delay the 
                conference.
            (3) Public comment.--The Commission may provide an 
        opportunity for public comment on the topics considered by a 
        technical conference convened under paragraph (1).
    (e) Office of Public Participation.--The Commission shall consult 
the Office of Public Participation during the rulemaking process under 
subsection (a), including with respect to--
            (1) guidance on public participation requirements;
            (2) communications with the public concerning transmission 
        planning that may impact local communities and landowners, 
        including Tribal, indigenous, and environmental justice 
        communities; and
            (3) minimum data transparency and access requirements.
    (f) Joint Federal-State Task Force on Electric Transmission.--The 
Commission may consult the Joint Federal-State Task Force on Electric 
Transmission in any actions that--
            (1) involve shared Federal and State regulatory authority 
        and processes; or
            (2) would benefit from a combined Federal and State 
        perspective.

SEC. 5. INTERREGIONAL MINIMUM TRANSFER REQUIREMENTS.

    (a) Electric Reliability.--Section 215(i)(2) of the Federal Power 
Act (16 U.S.C. 824o(i)(2)) is amended by striking ``or transmission''.
    (b) Rulemaking.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Commission shall promulgate a final 
        rule that establishes a minimum transfer capability that--
                    (A) shall govern minimum transfer requirements 
                between transmission planning regions;
                    (B) achieves reliability and resilience standards 
                during plausible extreme weather scenarios;
                    (C) optimizes efficiency of delivering renewable 
                energy to demand centers; and
                    (D) incorporates the best available science 
                relating to energy transmission, climatological 
                patterns, climate change causes and impacts, grid 
                reliability, and grid resiliency, including study 
                results from the Department of Energy or National 
                Laboratories (as defined in section 2 of the Energy 
                Policy Act of 2005 (42 U.S.C. 15801)).
            (2) Rates.--All rates associated with transmission 
        facilities developed pursuant to the rule promulgated under 
        paragraph (1) shall be subject to the requirements of sections 
        205 and 206 of the Federal Power Act (16 U.S.C. 824d, 824e) 
        that all rates, charges, terms, and conditions--
                    (A) shall be just and reasonable; and
                    (B) shall not be unduly discriminatory or 
                preferential.

SEC. 6. DATA TRANSPARENCY.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 224. DATA TRANSPARENCY.

    ``(a) Data.--The Commission shall require all public utilities and 
other entities subject to the jurisdiction of the Commission to make, 
through coordination with the Environmental Protection Agency and an 
online database operated by the Administrator of the Energy Information 
Administration, hourly operating data transparent and accessible to the 
public, including original source data that--
            ``(1) are organized and easy to understand;
            ``(2) are centralized and provided in usable formats, 
        including an application programming interface;
            ``(3) are available free of charge;
            ``(4) are published as close to real-time as is 
        practicable;
            ``(5) include generation by fuel type;
            ``(6) include hourly marginal greenhouse gas emissions per 
        megawatt-hour of electricity generated within the metered 
        boundaries of each entity and for each specific electrical bus 
        location on the grid where an injection or withdrawal of power 
        is modeled (commonly known as a `pricing node'), subject to the 
        condition that the marginal greenhouse gas emissions data made 
        available pursuant to this paragraph shall be measured in the 
        same time interval by which locational marginal price is 
        measured at the same location, but in no case shall the 
        interval by which marginal greenhouse gas emissions are 
        measured for purposes of this paragraph be greater than hourly;
            ``(7) include congestion cost and the limiting elements 
        that cause the congestion; and
            ``(8) include hourly locational data on generation 
        curtailment and the reasons for that curtailment.
    ``(b) Commercial Products.--The Commission may identify and reduce 
regulatory barriers to the development of commercial products that use 
the data made publicly available under subsection (a) in order to 
provide verifiable emissions reductions, including short- and long-term 
nodal congestion products.
    ``(c) Appropriation.--In addition to amounts otherwise made 
available to the Administrator of the Energy Information 
Administration, there is appropriated to the Administrator of the 
Energy Information Administration for fiscal year 2024, out of any 
funds in the Treasury not otherwise appropriated, $10,000,000 to 
develop and operate the database described in subsection (a), to remain 
available until expended.''.

SEC. 7. STUDY ON METHODS OF ELECTRICITY PROCUREMENT AND DEVELOPMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the National Academies of Sciences, Engineering, and 
Medicine, in coordination with the Commission and the Department of 
Energy, shall conduct, and submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives and make available on a public 
website a report describing the results of, a study that identifies the 
potential benefits and other effects to consumers from--
            (1) procuring generation from independent entities that are 
        not utilities through a competitive process administered by--
                    (A) an Independent System Operator or a Regional 
                Transmission Organization; or
                    (B) another independent entity; and
            (2) generation and transmission that is financed, 
        developed, or owned by--
                    (A) an entity described in subsection (b);
                    (B) any corporation that is wholly owned, directly 
                or indirectly, by 1 or more entities described in that 
                subsection; or
                    (C) cooperatives that furnish electricity to rural 
                areas.
    (b) Entity Described.--An entity referred to in subsection 
(a)(2)(A) is--
            (1) the United States;
            (2) a State;
            (3) the District of Columbia;
            (4) the Commonwealth of Puerto Rico;
            (5) any other territory or possession of the United States;
            (6) any political subdivision of an entity described in any 
        of paragraphs (2) through (5);
            (7) a Tribal government; or
            (8) any agency, authority, or instrumentality of any 1 or 
        more entities described in paragraphs (1) through (7).
    (c) Considerations.--The study conducted under subsection (a) 
shall--
            (1) take into consideration, at a minimum, potential 
        benefits with respect to--
                    (A) cost savings;
                    (B) improved grid reliability and resilience; and
                    (C) greenhouse gas reductions;
            (2) compare the potential benefits identified under 
        paragraph (1) to the circumstances of consumers whose 
        generation is not procured through a competitive process; and
            (3) compare the potential benefits and effects identified 
        under subsection (a)(2) to the circumstances of consumers whose 
        generation and transmission is not financed and developed, 
        directly or indirectly, by a public entity.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2024.

SEC. 8. STATE SUBSIDIES.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as 
amended by section 6) is amended by adding at the end the following:

``SEC. 225. STATE SUBSIDIES.

    ``In order to promote competition in wholesale markets, 
reliability, and affordability, the Commission shall not use offer-
price mitigation methods to counteract the effects of State subsidies 
for renewable energy resources.''.

SEC. 9. OFFICE OF TRANSMISSION.

    Part III of the Federal Power Act is amended by inserting after 
section 317 (16 U.S.C. 825p) the following:

``SEC. 318. OFFICE OF TRANSMISSION.

    ``(a) Establishment.--There shall be established in the Commission 
an office, to be known as the `Office of Transmission' (referred to in 
this section as the `Office').
    ``(b) Director.--The Office shall be administered by a Director, 
who shall be appointed by the Chairman of the Commission.
    ``(c) Duties.--The Director of the Office shall--
            ``(1) review transmission plans submitted by public 
        utilities in accordance with the regional and interregional 
        transmission planning processes, including the processes 
        established pursuant to section 206;
            ``(2) coordinate transmission-related matters of the 
        Commission, as the Commission determines to be appropriate;
            ``(3) carry out the responsibilities of the Commission 
        under section 216, in coordination with the Office of Energy 
        Projects of the Commission;
            ``(4) review opportunities for innovation in transmission 
        planning and operation, including deployment of grid-enhancing 
        technologies, advanced conductors, and other approaches; and
            ``(5) provide oversight of transmission planning activities 
        subject to the jurisdiction of the Commission.''.

SEC. 10. INTERCONNECTION.

    Not later than 1 year after the date of enactment of this Act, the 
Commission shall promulgate regulations, or revise existing 
regulations--
            (1) to prohibit a public utility from requiring an 
        interconnection customer to exclusively or disproportionately 
        fund, without reimbursement, the costs of any network upgrade 
        identified as necessary for the interconnect request of the 
        interconnection customer;
            (2) to encourage cost-sharing models that reflect the broad 
        set of benefits and beneficiaries for any network upgrades 
        identified as needed in an interconnection or affected system 
        study, subject to the requirement that the model adheres to any 
        requirements established under paragraph (1); and
            (3) to alleviate interconnection backlogs and reduce 
        informational and procedural barriers in interconnection, which 
        may include--
                    (A) the establishment of an interconnection 
                analysis center within the Office of Transmission 
                established under section 318 of the Federal Power Act; 
                and
                    (B) consultation with staff and the use of other 
                resources of the Department of Energy.

SEC. 11. INDEPENDENT TRANSMISSION MONITOR.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, for the purpose of monitoring the planning and operation 
of transmission facilities in transmission planning regions, the 
Commission shall--
            (1)(A) require each transmission planning region to 
        establish an independent entity to monitor the planning and 
        operation of transmission facilities in the transmission 
        planning region; and
            (B) establish a council, to be known as the ``Council of 
        Transmission Monitors''--
                    (i) to provide oversight of each independent entity 
                established pursuant to subparagraph (A); and
                    (ii) to ensure interregional collaboration and 
                consistency; or
            (2) establish an independent entity to monitor the planning 
        and operation of transmission facilities in all transmission 
        planning regions.
    (b) Role of Transmission Monitor.--An independent entity described 
in paragraph (1)(A) or (2) of subsection (a) shall, as applicable--
            (1) review the operation of applicable transmission 
        planning regions for inefficiency and practices that may lead 
        to unjust and unreasonable rates;
            (2) review costs of transmission facilities, including 
        identifying inefficiencies among local, regional, and 
        interregional planning;
            (3) provide examples and advice to transmission providers 
        on appropriate regional transmission operations, planning, and 
        cost-allocation processes; and
            (4) identify situations in which--
                    (A) nonwire alternatives may be more cost-effective 
                than transmission;
                    (B) grid-enhancing technologies may be appropriate;
                    (C) high-capacity, interregional lines may be--
                            (i) more cost-effective; or
                            (ii) a more appropriate reliability and 
                        resilience alternative; or
                    (D) high-capacity regional lines may be more cost-
                effective than local upgrades.

SEC. 12. ADVISORY COMMITTEE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall establish an advisory committee 
(referred to in this section as the ``committee'') to make 
recommendations regarding--
            (1) oversight and governance of Independent System 
        Operators or Regional Transmission Organizations;
            (2) stakeholder participation best practices--
                    (A) that ensure transparency, accountability, 
                independence, oversight, and fair representation;
                    (B) the purposes of which are to promote 
                competition, reliability, and affordability in all 
                transmission planning regions; and
                    (C) that include best practices relating to 
                stakeholder disclosure of the impact of a proposed 
                tariff reform on the company or client of the 
                stakeholder prior to voting on the proposed tariff 
                reform;
            (3) enhancing transparency and open decisionmaking in 
        regions not classified as Independent System Operators or 
        Regional Transmission Organizations; and
            (4) the requirements of governing boards within Independent 
        System Operators or Regional Transmission Organizations.
    (b) Representation.--The committee shall be composed of not more 
than 30 members, including--
            (1) at least 2 representatives of end-use customers;
            (2) at least 1 representative of transmission providers;
            (3) at least 2 representatives of environmental justice and 
        equity groups;
            (4) at least 1 representative of Tribal communities;
            (5) at least 1 representative of Independent System 
        Operators;
            (6) at least 1 representative of Regional Transmission 
        Organizations;
            (7) at least 1 representative of consumer protection 
        groups;
            (8) at least 2 representatives of renewable energy 
        advocates;
            (9) at least 1 representative of State commissions;
            (10) at least 1 representative of public power entities;
            (11) at least 1 representative of marketers; and
            (12) at least 1 representative of generators.
    (c) FACA Applicability.--Chapter 10 of title 5, United States Code 
(commonly referred to as the ``Federal Advisory Committee Act''), shall 
apply to the committee.

SEC. 13. RTO AND ISO GOVERNANCE.

    (a) Stakeholder Processes.--
            (1) Public voting.--Each vote cast by any party during a 
        stakeholder process of a Regional Transmission Organization or 
        Independent System Operator shall be made public.
            (2) Public participation funding.--Not later than 180 days 
        after the date of enactment of this Act, the Commission shall 
        promulgate regulations requiring Regional Transmission 
        Organizations and Independent System Operators to develop a 
        process to provide intervenor compensation or other funding to 
        assist with public interest participation in the stakeholder 
        processes of the Regional Transmission Organization or 
        Independent System Operator.
            (3) Consumer organizations; membership fee waivers.--Not 
        later than 18 months after the date of enactment of this Act, 
        the Commission shall promulgate regulations requiring each 
        Regional Transmission Organization and Independent System 
        Operator--
                    (A) to grant full voting and participation rights 
                for consumer organizations within stakeholder 
                processes; and
                    (B) to consider membership fee waivers for 
                stakeholder processes.
    (b) Stakeholder Meetings.--
            (1) Recording and transcription.--Each stakeholder meeting 
        of a Regional Transmission Organization or Independent System 
        Operator shall be recorded and transcribed, and the recording 
        and transcription shall be made freely available to the public.
            (2) Disclosure requirement.--
                    (A) In general.--An individual described in 
                subparagraph (B) shall publicly disclose, at any 
                stakeholder meeting of a Regional Transmission 
                Organization or Independent System Operator that the 
                individual attends or in which the individual otherwise 
                participates--
                            (i) that the individual is attending or 
                        participating on behalf of a Regional 
                        Transmission Organization or Independent System 
                        Operator; and
                            (ii) the identity of that Regional 
                        Transmission Organization or Independent System 
                        Operator.
                    (B) Individual described.--An individual referred 
                to in subparagraph (A) is any representative of a law 
                firm or consulting firm, or any other agent, that is 
                compensated to represent or advocate for the interests 
                of a Regional Transmission Organization or Independent 
                System Operator.
    (c) Applicability of FOIA.--Section 552 of title 5, United States 
Code (commonly known as the ``Freedom of Information Act''), including 
any exceptions under that section, shall apply to the activities, 
records, and proceedings of each Regional Transmission Organization and 
Independent System Operator, including with respect to the operations 
of the Regional Transmission Organization or Independent System 
Operator.
    (d) Limitations on Sponsorships.--Not later than 180 days after the 
date of enactment of this Act, the Commission shall promulgate 
regulations--
            (1) to prohibit entities with interests in matters before a 
        Regional Transmission Organization or Independent System 
        Operator from serving as financial sponsors of special events 
        or activities at Regional Transmission Organization or 
        Independent System Operator meetings; or
            (2) if the Commission determines appropriate, to establish 
        disclosure requirements for entities with interests in matters 
        before a Regional Transmission Organization or Independent 
        System Operator that serve as financial sponsors of special 
        events or activities at Regional Transmission Organization or 
        Independent System Operator meetings.
    (e) Boards of Directors.--
            (1) Independent board.--Not later than 180 days after the 
        date of enactment of this Act, the Commission shall promulgate 
        regulations requiring, subject to exceptions defined by the 
        Commission, that the board of directors of a Regional 
        Transmission Organization or Independent System Operator be 
        independent from, and not affiliated with, the members of the 
        Regional Transmission Organization or Independent System 
        Operator.
            (2) Membership.--Not later than 18 months after the date of 
        enactment of this Act, the Commission shall promulgate 
        regulations--
                    (A) requiring the board of directors of each 
                Regional Transmission Organization and Independent 
                System Operator to have members who have expertise and 
                experience in representing consumers, including at 
                least 1 member with expertise in the interests of 
                retail residential consumers;
                    (B) establishing the number of members described in 
                subparagraph (A) that shall be required on a board of 
                directors described in that subparagraph in order to 
                avoid marginalization of the perspectives and 
                contributions of those members; and
                    (C) requiring each Regional Transmission 
                Organization and Independent System Operator to 
                designate at least 1 member of the board of directors 
                of that Regional Transmission Organization or 
                Independent System Operator who shall represent and be 
                directly accountable, in such manner as the Commission 
                determines to be appropriate, to the public interest 
                within the geographic footprint of the Regional 
                Transmission Organization or Independent System 
                Operator.
    (f) Employment and Compensation.--
            (1) Revolving door prohibitions.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Commission shall 
                promulgate regulations requiring Regional Transmission 
                Organizations and Independent System Operators to 
                establish rules prohibiting the Regional Transmission 
                Organization or Independent System Operator from 
                employing, during the periods described in subparagraph 
                (B), an individual who is or was an executive of a 
                utility (commonly known as a ``revolving door 
                prohibition'').
                    (B) Periods described.--The periods referred to in 
                subparagraph (A) are--
                            (i) any period during which the individual 
                        is an executive of a utility; and
                            (ii) the 1-year period beginning on the 
                        date on which the employment of the individual 
                        as an executive of a utility ends.
            (2) Compensation.--Not later than 180 days after the date 
        of enactment of this Act, the Commission shall establish 
        guidelines for executive compensation at Regional Transmission 
        Organizations and Independent System Operators in order to 
        limit excessive compensation of those executives.
    (g) Enforcement.--The Commission shall enforce the requirements of 
this section using the authority of the Commission under sections 205 
and 206 of the Federal Power Act (16 U.S.C. 824d, 824e).

SEC. 14. INTERVENOR FUNDING AT OFFICE OF PUBLIC PARTICIPATION.

    (a) In General.--Section 319(b)(2) of the Federal Power Act (16 
U.S.C. 825q-l(b)(2)) is amended--
            (1) in subparagraph (A), by striking the comma and 
        inserting a semicolon;
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and indenting the clauses 
        appropriately;
            (3) in the matter preceding clause (i) (as so 
        redesignated), in the second sentence, by striking ``Such 
        compensation'' and inserting the following:
                    ``(B) Determinations required.--Compensation under 
                this paragraph''; and
            (4) by striking the paragraph designation and all that 
        follows through ``by it,'' in the matter preceding subparagraph 
        (B) (as so designated) and inserting the following:
            ``(2) Compensation.--
                    ``(A) In general.--On making the determinations 
                described in subparagraph (B) and in accordance with 
                rules promulgated by the Commission, the Commission 
                shall''.
    (b) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall promulgate a final rule to provide 
compensation under paragraph (2) of section 319(b) of the Federal Power 
Act (16 U.S.C. 825q-1(b)) in accordance with the amendment made by 
subsection (a).

SEC. 15. APPROPRIATIONS.

    In addition to amounts otherwise available, there is appropriated 
to the Commission for fiscal year 2024, out of any funds in the 
Treasury not otherwise appropriated, $200,000,000, to remain available 
until expended, to carry out--
            (1) sections 4, 5, and 10; and
            (2) the amendment made by section 9.
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