RTO and ISO governance and participation

(a) Technical Conference Not later than 120 days after the date of enactment of this section, the Federal Energy Regulatory Commission shall convene a technical conference to consider Regional Transmission Organization and Independent System Operator independence from their members interests, the responsiveness of RTOs and ISOs to consumers and other stakeholders, and ways for RTOs and ISOs to increase the equitable treatment of consumers and other stakeholders, including the effectiveness of stakeholder policies and procedures adopted in compliance with the final rule entitled Wholesale Competition in Regions With Organized Electric Markets published in the Federal Register on October 28, 2008 (73 Fed. Reg. 64100). (b) Participation The technical conference convened under subsection (a) shall be led by members of the Commission, and the Commission shall invite participation from representatives of each RTO and ISO, owners and operators of transmission facilities, representatives of entities that develop advanced transmission technologies, owners and operators of electric generation facilities that interconnect at either the transmission or distribution system level, including energy storage, end-use customers, electric power marketers, publicly owned electric utilities, consumer advocates, environmental justice advocates, environmental groups, State public utility commissions, State governors, and such other stakeholders as the Commission determines appropriate. (c) Topics In conducting the technical conference convened under subsection (a), the Commission shall seek to identify policies and procedures that maintain RTO and ISO independence, and enhance the responsiveness of RTOs and ISOs to their customers and other stakeholders, taking into consideration— (1) the benefits of greater transparency in RTO and ISO stakeholder processes, including access by stakeholders to relevant data and written background materials; (2) barriers to participation in such stakeholder processes for new market participants and other non-incumbent stakeholders; (3) the need for periodic, independent review of RTO and ISO stakeholder policies and procedures; (4) power imbalances between incumbent and non-incumbent stakeholders, including whether current RTO and ISO membership rules, sectoral designations, and voting procedures allow for adequate representation of all stakeholder views; (5) how RTOs and ISOs should take State public policy objectives into consideration as part of such stakeholder processes; (6) whether existing RTO and ISO decision-making processes are sufficiently independent from the control of any market participant or class of participants; (7) the role of the Office of Public Participation of the Commission in facilitating greater stakeholder participation in RTOs and ISOs; and (8) such other subjects as the Commission considers appropriate. (d) Public comment The Commission shall provide an opportunity for public comment on the technical conference convened under subsection (a). (e) Rulemaking Not later than 18 months after the conclusion of the technical conference convened under subsection (a), and after public notice and comment, the Commission shall promulgate a final rule adopting such policies and procedures as the Commission determines necessary to maintain the independence of RTOs and ISOs, and to enhance the transparency and responsiveness of RTOs and ISOs to their customers and other stakeholders. (f) Definitions In this section: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) Federal Power Act definitions The terms electric utility, Independent System Operator, ISO, Regional Transmission Organization, RTO, and State commission have the meanings given such terms in section 3 of the Federal Power Act (16 U.S.C. 796).