118 S5405 IS: Office of Transmission Act of 2024
U.S. Senate
2024-12-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
2d Session
S. 5405
IN THE SENATE OF THE UNITED STATES
December 2, 2024
Mr. Markey (for himself, Mr. Van Hollen, and Mr. Welch) 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 establish an Office of Transmission in the Federal Energy Regulatory Commission, and for other purposes.
1.

Short title
This Act may be cited as the “Office of Transmission Act of 2024”.
2.

Office of Transmission
Part III of the Federal Power Act is amended by inserting after section 317 (16 U.S.C. 825p) the following:
“318.

Office of Transmission
(a)

Definitions
In this section:
(1)

Commission
The term Commission means the Federal Energy Regulatory Commission.
(2)

Director
The term Director means the Director of the Office described in subsection (c).
(3)

Distributed renewable energy resource
The term distributed renewable energy resource means any non-bulk, renewable energy system resource, including—
(A)
small-scale solar, wind, geothermal, or energy storage projects connected at the distribution level and serving on-site energy demand;
(B)
community-based solar or energy storage projects located in or very near the customers served by the projects; and
(C)
microgrids or generators powered by renewable energy.
(4)

Energy burden
The term energy burden has the meaning given the term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
(5)

Interregional transmission facility
The term interregional transmission facility means a transmission facility that—
(A)
is located within 2 or more neighboring Transmission Planning Regions; and
(B)
significantly impacts the ability of 1 or more Transmission Planning Regions to transmit electric energy among neighboring Transmission Planning Regions.
(6)

Office
The term Office means the Office of Transmission established under subsection (b).
(7)

Public interest stakeholder
The term public interest stakeholder means an individual or entity impacted by the electric grid or working to improve transmission planning and outcomes with respect to reducing consumer costs, improving reliability and resilience, advancing clean energy, reducing energy burden, creating and retaining good-paying union jobs, reducing local pollution, or reducing greenhouse gas emissions, including—
(A)
a resident;
(B)
a worker;
(C)
a labor union;
(D)
a consumer advocacy organization; or
(E)
a nonprofit organization representing residents or workers.
(8)

Transmission Planning Region
The term Transmission Planning Region—
(A)
when used in a geographical sense, means a region for which the Commission determines that electric transmission planning is appropriate, such as a region established in accordance with Order No. 1000 of the Commission, entitled “Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities” (76 Fed. Reg. 49842 (August 11, 2011)); and
(B)
when used in a corporate sense, means the Transmission Organization or other entity responsible for planning or operating electric transmission facilities within a region described in subparagraph (A).
(b)

Establishment
(1)

In general
There shall be established in the Commission an office, to be known as the “Office of Transmission”.
(2)

Requirement
The Office shall be established not later than 1 year after the date of enactment of the Office of Transmission Act of 2024.
(c)

Director
The Office shall be administered by a Director, who shall be appointed by the Chairman of the Commission.
(d)

Duties
The Office shall—
(1)
provide independent review and oversight of transmission planning and operation at each Transmission Planning Region subject to the jurisdiction of the Commission to ensure robust, forward-looking, and transparent planning, including by—
(A)
reviewing—
(i)
inputs, assumptions, and modeling relevant to transmission planning and operation;
(ii)
regional, interregional, and local transmission plans and planning processes, including asset condition projects;
(iii)
the consistency of transmission plans with local, State, Federal, and Tribal public policies;
(iv)
transmission outcomes, as compared to—
(I)
the plans reviewed and any findings made under clause (ii); and
(II)
any findings made under subparagraph (B)(ii); and
(v)
stakeholder engagement;
(B)
identifying inefficiencies in transmission planning and outcomes, including inefficiencies that—
(i)
may lead to—
(I)
unjust and unreasonable rates;
(II)
undue discrimination;
(III)
delaying or preventing the integration of new renewable energy;
(IV)
undue burdens on households with a high energy burden;
(V)
undue burdens on sensitive environmental areas and cultural heritage sites; or
(VI)
reliability concerns, including the ability to maintain functionality during extreme weather and wildfire scenarios, in coordination with the Electric Reliability Organization (as defined in section 215(a)); and
(ii)
could be addressed by—
(I)
updated, best-available, and science-based data, including on cost and reliability;
(II)
forward-looking transmission and interconnection planning;
(III)
advanced transmission technologies (as defined in section 1223(a) of the Energy Policy Act of 2005 (42 U.S.C. 16422(a)));
(IV)
transmission facilities, including regional and interregional transmission facilities;
(V)
distributed renewable energy resources;
(VI)
weatherization and energy efficiency;
(VII)
demand-response technologies; or
(VIII)
other process and market enhancements, including those based on practices from other Transmission Planning Regions; and
(C)
tracking estimated and actual project costs and verifying benefits and commitments derived from—
(i)
any competitive solicitation process; or
(ii)
capital investments that transmission owners propose for existing assets identified as being at the end of their useful lives or needing replacement due to damage;
(2)
provide technical assistance to Transmission Planning Regions to improve transmission planning, outcomes, and rates prior to publication or filing with the Commission, including by supporting coordination and joint planning among neighboring Transmission Planning Regions on interregional transmission facilities; and
(3)
for each Transmission Planning Region, compose and present a public annual report that includes—
(A)
information on the performance of the planning process;
(B)
any planning deficiencies or inefficiencies identified;
(C)
comparisons to other Transmission Planning Regions; and
(D)
recommended enhancements to planning and cost recovery rules.
(e)

Data collection and sharing; assessment
(1)

In general
All Transmission Planning Regions shall share with the Office all operating data and planning assumptions needed for the Director to carry out the duties described in subsection (d).
(2)

Assessment
The Commission shall collect such data as are necessary to assess the operating data and planning assumptions shared with the Office under paragraph (1).
(3)

Sharing
The Commission shall share the data described in paragraphs (1) and (2) with public interest stakeholders, as requested, to assist the public interest stakeholders in providing alternatives analyses, unless the Commission determines that confidentiality is necessary to protect confidential energy infrastructure information, confidential business information, or confidential personnel information.
(f)

Employment
The Director may appoint, without regard to chapter 51, or subchapter III of chapter 53, of title 5, United States Code, any experts that the Director determines are necessary to carry out the functions of the Office under this section.
(g)

Savings provision
Nothing in this section overrides or inhibits the existing authority of the Commission.
(h)

Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.”.