Prohibiting expensive, unjust queue jumping

Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further amended by adding at the end the following: 228. Limitation on certain procedures to expedite interconnection requests (a) Limitation The Commission may not establish or authorize a covered procedure unless— (1) the Commission finds, by clear and convincing evidence and in accordance with subsection (b), that reliance upon existing procedures for processing interconnection requests would jeopardize the reliable operation of the bulk-power system by failing to address predicted demand for electric energy; (2) such covered procedure— (A) provides only for a one-time opportunity to submit applications for generators to interconnect with the bulk power system; (B) only allows for the adjustment of a generator interconnection queue to prioritize an interconnection on the basis of the potential for such interconnection to address the continued reliable operation of the bulk-power system, as determined by the Commission consistent with subsection (c); and (C) does not provide for the prioritization of generating facilities or energy storage systems based upon the means by which the energy is generated or stored, respectively. (b) Finding requirements In making the finding under subsection (a)(1), the Commission shall— (1) use predictions of growth in the demand for electric energy that are based on the best available data and account for the possibility of duplicative load interconnection requests by customers with high demand for electric energy, including by averaging such predictions if there is a range; and (2) account for the energy generation and storage capacity likely to enter commercial operation by using surplus interconnection service and generator replacement or interconnection right transfer processes. (c) Determinations for priority To make a determination referred to in subsection (a)(2)(B), the Commission must determine— (1) the adjustment of a generator interconnection queue has the demonstrated ability to allow a prioritized energy generating facility or storage system to commence operation prior to the potential unreliable operation of the bulk-power system, taking into consideration factors such as if such prioritized facility or system— (A) has signed an engineering agreement; (B) has signed contracts for procurement or construction relating to such prioritized facility or system; (C) has access to any equipment necessary to be procured in advance; (D) has access to any fuel necessary for the operation of such prioritized facility or system; (E) has obtained any necessary permits for the construction or operation of such prioritized facility or system; and (F) would require extensive construction or modification to relevant electric transmission or distribution infrastructure. (d) Definitions In this section: (1) Bulk-power system; reliable operation The terms bulk-power system and reliable operation have the meanings given those terms in section 215. (2) Covered procedure (A) Except as provided in subparagraph (B), the term covered procedure means a procedure to expedite the study and processing of generator interconnection requests for certain generating facilities or energy storage systems that— (i) previously submitted such a request; and (ii) but for such procedure, would otherwise be assigned a higher position in the generator interconnection queue. (B) The term covered procedure shall not include any procedure to expedite requests for generator interconnection relating to requests for energy-resource interconnection service, connect-and-manage approaches, reassigning surplus interconnection service, or reassigning generator interconnection rights after the retirement of a generating facility or energy storage system..