(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.
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) ofsection
824d of this title are applicable to unregulated transmitting utilities for purposes of this section.
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.
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
(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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.