16 U.S. Code § 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
(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
The Commission shall exempt from any rule or order under this section any unregulated transmitting utility that—
(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
(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.
(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.