16 U.S.C. § 824j-1 : US Code - Section 824J-1: Open access by unregulated transmitting utilities

Search 16 U.S.C. § 824j-1 : US Code - Section 824J-1: Open access by unregulated transmitting utilities

(a) Definition of unregulated transmitting utility
In this section, the term "unregulated transmitting utility"
means an entity that -
(1) owns or operates facilities used for the transmission of
electric energy in interstate commerce; and
(2) is an entity described in section 824(f) of this title.
(b) Transmission operation services
Subject to section 824k(h) of this title, the Commission may, by
rule or order, require an unregulated transmitting utility to
provide transmission services -
(1) at rates that are comparable to those that the unregulated
transmitting utility charges itself; and
(2) on terms and conditions (not relating to rates) that are
comparable to those under which the unregulated transmitting
utility provides transmission services to itself and that are not
unduly discriminatory or preferential.
(c) Exemption
The Commission shall exempt from any rule or order under this
section any unregulated transmitting utility that -
(1) sells not more than 4,000,000 megawatt hours of electricity
per year;
(2) does not own or operate any transmission facilities that
are necessary for operating an interconnected transmission system
(or any portion of the system); or
(3) meets other criteria the Commission determines to be in the
public interest.
(d) Local distribution facilities
The requirements of subsection (b) of this section shall not
apply to facilities used in local distribution.
(e) Exemption termination
If the Commission, after an evidentiary hearing held on a
complaint and after giving consideration to reliability standards
established under section 824o of this title, finds on the basis of
a preponderance of the evidence that any exemption granted pursuant
to subsection (c) of this section unreasonably impairs the
continued reliability of an interconnected transmission system, the
Commission shall revoke the exemption granted to the transmitting
utility.
(f) Application to unregulated transmitting utilities
The rate changing procedures applicable to public utilities under
subsections (c) and (d) of section 824d of this title are
applicable to unregulated transmitting utilities for purposes of
this section.
(g) Remand
In exercising authority under subsection (b)(1) of this section,
the Commission may remand transmission rates to an unregulated
transmitting utility for review and revision if necessary to meet
the requirements of subsection (b) of this section.
(h) Other requests
The provision of transmission services under subsection (b) of
this section does not preclude a request for transmission services
under section 824j of this title.
(i) Limitation
The Commission may not require a State or municipality to take
action under this section that would violate a private activity
bond rule for purposes of section 141 of title 26.
(j) Transfer of control of transmitting facilities
Nothing in this section authorizes the Commission to require an
unregulated transmitting utility to transfer control or operational
control of its transmitting facilities to a Transmission
Organization that is designated to provide nondiscriminatory
transmission access.