Allocation of costs of electric transmission facilities of national significance

Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further amended by adding at the end the following: 225. Allocation of costs of transmission facilities of national significance (a) Allocation of costs (1) In general Any transmitting utility that owns, controls, or operates a transmission facility of national significance, or proposes to own, control, or operate a transmission facility of national significance, may file a tariff with the Commission in accordance with section 205 allocating the costs of constructing, modifying, and operating such transmission facility of national significance in accordance with paragraph (2). (2) Cost allocation principle The Commission shall require that any tariff described in paragraph (1) allocate the cost to construct, modify, and operate a transmission facility of national significance to customers within the applicable transmission planning region or regions in a manner that is roughly commensurate with the reasonably anticipated transmission benefits. Additionally, the Commission shall require that any proposed calculation of reasonably anticipated transmission benefits make the assumptions and calculations behind such calculation public and included in any tariff described in paragraph (1). (3) Commission authority If the Commission determines that no tariff filed under paragraph (1) provides for a just, reasonable, and not unduly discriminatory allocation of costs for a transmission facility of national significance, the Commission may, after notice and opportunity for hearing, establish or modify such allocation under section 206, provided, however, that nothing in this section shall prevent a transmitting utility from recovering such costs through voluntary agreement with its customers. (b) Definition of transmission facility of national significance In this section, the term transmission facility of national significance means— (1) an interstate or interregional electric power transmission line (and any facilities necessary for the operation of such electric power transmission line)— (A) that has a transmission capacity of not less than 1,000 megawatts; and (B) the construction of which is completed on or after the date of enactment of this section; (2) an electric power transmission line or network, located in whole or in part offshore (including any radial, meshed, or shared facilities necessary for its operation), the construction of which is completed on or after the date of enactment of this section; or (3) an expansion of, or upgrade to, an interstate electric power transmission line (and any facilities necessary for the operation of such electric power transmission line) that— (A) increases the transmission capacity of such electric power transmission line by at least 500 megawatts; and (B) the construction of which is completed on or after the date of enactment of this section. (c) Savings provision This section does not affect the authority of the Commission to approve the allocation of costs of transmission facilities other than transmission facilities of national significance..