S.Amdt. 1463

1. Strikes section 1132

   Strikes

   In S. 14 · Placed on Calendar Senate

   Struck: SEC. 1132. OPEN NONDISCRIMINATORY ACCESS.

   Struck: Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by inserting after section 211 the following:

   Struck: "open access by unregulated transmitting utilities

   Struck: "Sec. 211A. (a) Subject to section 212(h), the Commission may, by rule or order, require an unregulated transmitting utility to provide transmission services--

   Show 12 more struck paragraphsShow less

   Struck: "(1) at rates that are comparable to those that the unregulated transmitting utility charges itself; and

   Struck: "(2) on terms and conditions (not relating to rates) that are comparable to those under which such unregulated transmitting utility provides transmission services to itself and that are not unduly discriminatory or preferential.

   Struck: "(b) The Commission shall exempt from any rule or order under this subsection any unregulated transmitting utility that--

   Struck: "(1) is a distribution utility that a sells no more than 4,000,000 megawatt hours of electricity per year; or

   Struck: "(2) does not own or operate any transmission facilities that are necessary for operating an interconnected transmission system (or any portion thereof); or

   Struck: "(3) meets other criteria the Commission determines to be in the public interest.

   Struck: "(c) Whenever the Commission, after a hearing held upon a complaint, finds any exemption granted pursuant to subsection (b) adversely affects the reliable and efficient operation of an interconnected transmission system, it may revoke the exemption.

   Struck: "(d) The rate changing procedures applicable to public utilities under subsections (c) and (d) of section 205 are applicable to unregulated transmitting utilities for purposes of this section.

   Struck: "(e) In exercising its authority under paragraph (1) of subsection (a), the Commission may remand transmission rates to an unregulated transmitting utility for review and revision where necessary to meet the requirements of subsection (a).

   Struck: "(f) The provision of transmission services under subsection (a) does not preclude a request for transmission services under section 211.

   Struck: "(g) The Commission may not require a State or municipality to take action under this section that constitutes a private business use for purposes of section 141 of the Internal Revenue Code of 1986 (26 U.S.C. 141).

   Struck: "(h) Nothing in this Act authorizes the Commission to require an unregulated transmitting utility to transfer control or operational control of its transmitting facilities to an RTO or any other Commission-approved organization designated to provide non- discriminatory transmission access.".

   Original wording

   Strike section 1132.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed