16 U.S.C. § 824j : US Code - Section 824J: Wheeling authority

Search 16 U.S.C. § 824j : US Code - Section 824J: Wheeling authority

(a) Transmission service by any electric utility; notice, hearing
and findings by Commission
Any electric utility, Federal power marketing agency, or any
other person generating electric energy for sale for resale, may
apply to the Commission for an order under this subsection
requiring a transmitting utility to provide transmission services
(including any enlargement of transmission capacity necessary to
provide such services) to the applicant. Upon receipt of such
application, after public notice and notice to each affected State
regulatory authority, each affected electric utility, and each
affected Federal power marketing agency, and after affording an
opportunity for an evidentiary hearing, the Commission may issue
such order if it finds that such order meets the requirements of
section 824k of this title, and would otherwise be in the public
interest. No order may be issued under this subsection unless the
applicant has made a request for transmission services to the
transmitting utility that would be the subject of such order at
least 60 days prior to its filing of an application for such order.
(b) Reliability of electric service
No order may be issued under this section or section 824i of this
title if, after giving consideration to consistently applied
regional or national reliability standards, guidelines, or
criteria, the Commission finds that such order would unreasonably
impair the continued reliability of electric systems affected by
the order.
(c) Replacement of electric energy
No order may be issued under subsection (a) or (b) of this
section which requires the transmitting utility subject to the
order to transmit, during any period, an amount of electric energy
which replaces any amount of electric energy -
(1) required to be provided to such applicant pursuant to a
contract during such period, or
(2) currently provided to the applicant by the utility subject
to the order pursuant to a rate schedule on file during such
period with the Commission: Provided, That nothing in this
subparagraph shall prevent an application for an order hereunder
to be filed prior to termination or modification of an existing
rate schedule: Provided, That such order shall not become
effective until termination of such rate schedule or the
modification becomes effective.
(d) Termination or modification of order; notice, hearing and
findings of Commission; contents of order; inclusion in order of
terms and conditions agreed upon by parties
(1) Any transmitting utility ordered under subsection (a) or (b)
of this section to provide transmission services may apply to the
Commission for an order permitting such transmitting utility to
cease providing all, or any portion of, such services. After public
notice, notice to each affected State regulatory authority, each
affected Federal power marketing agency, each affected transmitting
utility, and each affected electric utility, and after an
opportunity for an evidentiary hearing, the Commission shall issue
an order terminating or modifying the order issued under subsection
(a) or (b) of this section, if the transmitting utility providing
such transmission services has demonstrated, and the Commission has
found, that -
(A) due to changed circumstances, the requirements applicable,
under this section and section 824k of this title, to the
issuance of an order under subsection (a) or (b) of this section
are no longer met, or (!1)
(B) any transmission capacity of the utility providing
transmission services under such order which was, at the time
such order was issued, in excess of the capacity necessary to
serve its own customers is no longer in excess of the capacity
necessary for such purposes, or
(C) the ordered transmission services require enlargement of
transmission capacity and the transmitting utility subject to the
order has failed, after making a good faith effort, to obtain the
necessary approvals or property rights under applicable Federal,
State, and local laws.
No order shall be issued under this subsection pursuant to a
finding under subparagraph (A) unless the Commission finds that
such order is in the public interest.
(2) Any order issued under this subsection terminating or
modifying an order issued under subsection (a) or (b) of this
section shall -
(A) provide for any appropriate compensation, and
(B) provide the affected electric utilities adequate
opportunity and time to -
(i) make suitable alternative arrangements for any
transmission services terminated or modified, and
(ii) insure that the interests of ratepayers of such
utilities are adequately protected.
(3) No order may be issued under this subsection terminating or
modifying any order issued under subsection (a) or (b) of this
section if the order under subsection (a) or (b) of this section
includes terms and conditions agreed upon by the parties which -
(A) fix a period during which transmission services are to be
provided under the order under subsection (a) or (b) of this
section, or
(B) otherwise provide procedures or methods for terminating or
modifying such order (including, if appropriate, the return of
the transmission capacity when necessary to take into account an
increase, after the issuance of such order, in the needs of the
transmitting utility subject to such order for transmission
capacity).
(e) "Facilities" defined
As used in this section, the term "facilities" means only
facilities used for the generation or transmission of electric
energy.