[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2480 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2480
To require the Federal Energy Regulatory Commission to promulgate
regulations with respect to regional and interregional transmission
planning, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2023
Mr. Markey (for himself, Ms. Smith, Mr. Whitehouse, Ms. Warren, Mr.
Sanders, Mr. Merkley, Mr. Carper, and Mr. Welch) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To require the Federal Energy Regulatory Commission to promulgate
regulations with respect to regional and interregional transmission
planning, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connecting Hard-to-reach Areas with
Renewably Generated Energy Act of 2023'' or the ``CHARGE Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) current transmission planning is fractured across many
jurisdictions, prioritizes incumbent entities and highly
localized transmission, and fails to identify cost-effective
solutions for 21st century needs;
(2) the historical structure, regulations, and incentives
of the electric power system lead to under-planning and under-
investment in the regional and interregional transmission lines
that are needed for a reliable and resilient grid;
(3) much of the existing transmission infrastructure of the
United States is in need of significant upgrade or replacement;
(4) the energy sector of the United States is at a critical
juncture, with a rapidly changing power generation mix and new
public policy mandates;
(5) it is imperative to proactively plan for electricity
transmission in the future, including by taking into account
long-term changes to demand and load growth;
(6) renewable energy resources must be incorporated into
the grid efficiently in order to meet State and Federal
decarbonization goals;
(7) the public desires, and has a right to, electricity
data that are transparent, organized, and accessible;
(8) having reliable and diverse sources of electricity
generation is a foundational need for the entire economy;
(9) climate change has increased the frequency and
intensity of severe weather events that affect the grid;
(10) it is in the national interest to implement policies
that provide effective electric infrastructure to save
consumers money, avoid preventable damage, ensure energy
reliability, and save lives;
(11) the Federal Government has a responsibility to combat
rising transmission costs and ensure customers receive just and
reasonable rates for electricity;
(12) industry experience, scientific studies, and modern
examples of reformed electricity transmission provide
confidence that new public policies and regulatory guidance
will achieve more efficient and beneficial planning than the
status quo; and
(13) there is increasing opportunity for public, Tribal, or
rural cooperative development of transmission due to the
recently established direct-pay incentives under section 6417
of the Internal Revenue Code of 1986, enacted by section 13801
of Public Law 117-169 (commonly known as the ``Inflation
Reduction Act of 2022'') (136 Stat. 2003).
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Independent system operator.--The term ``Independent
System Operator'' has the meaning given the term in section 3
of the Federal Power Act (16 U.S.C. 796).
(3) Interconnection customer.--The term ``interconnection
customer'' means an individual or entity that has submitted to
the owner or operator of a transmission facility or
transmission system a request to interconnect a generation
project or energy storage project that is subject to the
jurisdiction of the Commission.
(4) Interregional transmission planning process.--The term
``interregional transmission planning process'' means a joint
process by transmission providers in 2 or more adjacent
transmission planning regions to evaluate electric energy
transmission needs.
(5) Load-serving entity.--The term ``load-serving entity''
has the meaning given the term in section 217(a) of the Federal
Power Act (16 U.S.C. 824q(a)).
(6) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(7) Transmission facility.--The term ``transmission
facility'' means a facility that is used for the transmission
of electric energy in interstate commerce.
(8) Transmission planning region.--The term ``transmission
planning region'' means a region for which electric energy
transmission planning is appropriate, as determined by the
Commission, such as a region established pursuant to the
guidance contained in the final rule of the Commission entitled
``Transmission Planning and Cost Allocation by Transmission
Owning and Operating Public Utilities'' (76 Fed. Reg. 49842
(August 11, 2011)).
(9) Transmission provider.--The term ``transmission
provider'' means a public utility (as defined in section 201(e)
of the Federal Power Act (16 U.S.C. 824(e))) that owns,
operates, or controls 1 or more transmission facilities.
SEC. 4. TRANSMISSION PLANNING AND COST ALLOCATION.
(a) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Commission shall promulgate a final rule
that--
(1) establishes transmission planning processes and cost-
allocation processes that--
(A) ensure that transmission providers--
(i) engage in interregional transmission
planning processes and interconnection-wide
transmission planning processes, in conjunction
with transmission planning processes within
transmission planning regions;
(ii) harmonize interregional transmission
planning processes and interconnection-wide
transmission planning processes with other
regional transmission planning processes, such
as by using a joint model on a consistent
timeline with a unified set of minimum
requirements regarding needs, input
assumptions, and benefit metrics;
(iii) include as part of planning and cost-
allocation processes the use of grid-enhancing
transmission technologies and alternative
transmission technologies that increase
delivery of power over transmission networks,
including, at a minimum--
(I) dynamic line ratings;
(II) topology optimization;
(III) power flow control;
(IV) advanced conductors and
superconductors; and
(V) storage-as-transmission;
(iv) conduct interregional and
interconnection-wide planning regularly and not
less frequently than once every 5 years;
(v) conduct interregional and
interconnection-wide planning based on a range
of possible future load and generation
scenarios; and
(vi) are required to incorporate in a
transmission planning process the full scope of
benefits of transmission investment, including,
at a minimum--
(I) reduced costs of electric
energy to customers, including reduced
costs associated with lower quantities
of necessary capacity, ancillary
services, and reserve margins;
(II) access to resources in
neighboring transmission planning
regions;
(III) the transmission of renewable
energy or the ability of renewable
energy to connect to the grid;
(IV) improvements in reliability,
resilience, and flexibility of the
grid, including, at a minimum--
(aa) reduced loss of load
probability;
(bb) increased resource
diversity;
(cc) increased climate
hardening; and
(dd) increased ability to
maintain functionality during
regionally appropriate weather
conditions and severe weather
scenarios;
(V) leveraging resources across
climatological patterns or time zones
to account for resource availability
and weather patterns;
(VI) avoidance, to the maximum
extent practicable, of sensitive
environmental areas and cultural
heritage sites;
(VII) reasonable and economical use
of existing rights-of-way;
(VIII) market facilitation
benefits, including, at a minimum,
increased competitiveness, liquidity,
and integrity of broader geographic
markets;
(IX) avoided costs and deferred
cost savings, including reduced
generation costs and reduced future
transmission investment costs;
(X) the integration of grid-
enhancing technologies;
(XI) meeting local, State, and
Federal policy goals, including goals
established in decarbonization,
climate, and clean energy laws
(including regulations);
(XII) protections to maintain just
and reasonable rates for customers; and
(XIII) any other production costs
savings or other economic benefits from
proposed transmission projects;
(B) require that regional and interregional cost-
allocation methodologies allocate costs on the basis of
the multiple benefits described in subclauses (I)
through (XIII) of subparagraph (A)(vi);
(C) incorporate a 10- to 20-year future resource
mix for each load-serving entity and State;
(D) ensure that local or regional transmission
planning processes do not impair interregional and
interconnection-wide transmission planning processes;
(E) require transmission providers to maximize the
use of portfolio-based cost allocations;
(F) in cases in which costs and benefits are
difficult to quantify, may allocate transmission
investment costs among transmission system customers in
proportion to--
(i) in the case of regional projects, the
share of electricity of each customer in the
region; or
(ii) in the case of interregional projects,
the share of electricity of each customer in
each applicable region; and
(G) to the extent practicable, prevent transmission
providers from using cost-allocation methodologies
that--
(i) discourage distributed generation,
energy efficiency, demand response, or storage
if more economic than transmission;
(ii) are constrained by consideration only
of benefits that are easy to allocate; or
(iii) undermine previous cost-allocation
agreements for projects already in operation;
and
(2) allows a transmission developer of an interregional
transmission project to submit to the Commission a request to
recover all or a portion of the costs of the project under
section 205 of the Federal Power Act (16 U.S.C. 824d) if--
(A) the project is selected through a transmission
planning process that meets the criteria described in
paragraph (1), in accordance with the transmission
planning processes and cost-allocation processes
established under that paragraph; or
(B) the transmission developer demonstrates to the
satisfaction of the Commission that--
(i) the project connects more than 1
transmission planning region; and
(ii) the benefits of the project
substantially outweigh the costs of the project
after accounting for any transmission projects
developed pursuant to a transmission planning
process that meets the criteria described in
paragraph (1).
(b) Cost Recovery and Allocation Requirements.--
(1) Cost-benefit analysis.--In making a determination under
subsection (a)(2)(B)(ii) of whether a transmission developer
has demonstrated to the satisfaction of the Commission that the
benefits of a project substantially outweigh the costs of the
project, the Commission shall consider the benefits described
in subsection (a)(1)(A)(vi).
(2) Allocation.--For transmission projects that meet the
criteria of subparagraph (A) or (B) of subsection (a)(2), the
Commission shall allocate the costs of those transmission
projects to customers in the applicable regions that benefit
from those projects--
(A) using the benefits described in subsection
(a)(1)(A)(vi); or
(B) in cases in which those benefits are difficult
to quantify, using the cost allocation methodology
described in subsection (a)(1)(F).
(3) Savings provision.--Nothing in this section limits, or
may be construed to limit, any rights of transmission
developers to submit and have rates approved by the Commission
pursuant to section 205 of the Federal Power Act (16 U.S.C.
824d).
(c) Availability of Resource Plans.--The Commission may require a
load-serving entity to make publicly available any applicable resource
plans, including any plans relating to the requirement described in
subsection (a)(1)(C), if, in the determination of the Commission, the
plans are not adequately described in publicly stated plans in
Securities and Exchange Commission filings, State agency filings, and
power purchase contracts.
(d) Technical Conferences.--
(1) In general.--As part of the rulemaking process under
subsection (a), the Commission may convene a technical
conference to consider implementation details, as the
Commission determines to be appropriate.
(2) Participation.--
(A) Leadership.--A technical conference convened
under paragraph (1) may be led by the members of the
Commission, subject to subparagraph (B).
(B) Required invitations.--On election under
subparagraph (A) by members of the Commission to lead a
technical conference, the Commission shall invite to
participate in the technical conference representatives
of residential ratepayers, transmission providers,
environmental justice and equity groups, Tribal
communities, Independent System Operators, Regional
Transmission Organizations, consumer protection groups,
renewable energy advocates, State utility commission
and energy offices, and such other entities as the
Commission determines to be appropriate.
(C) Timeline.--The Commission may establish and
enforce a timeline for a technical conference convened
under paragraph (1) that discourages actions by
participants that may unnecessarily delay the
conference.
(3) Public comment.--The Commission may provide an
opportunity for public comment on the topics considered by a
technical conference convened under paragraph (1).
(e) Office of Public Participation.--The Commission shall consult
the Office of Public Participation during the rulemaking process under
subsection (a), including with respect to--
(1) guidance on public participation requirements;
(2) communications with the public concerning transmission
planning that may impact local communities and landowners,
including Tribal, indigenous, and environmental justice
communities; and
(3) minimum data transparency and access requirements.
(f) Joint Federal-State Task Force on Electric Transmission.--The
Commission may consult the Joint Federal-State Task Force on Electric
Transmission in any actions that--
(1) involve shared Federal and State regulatory authority
and processes; or
(2) would benefit from a combined Federal and State
perspective.
SEC. 5. INTERREGIONAL MINIMUM TRANSFER REQUIREMENTS.
(a) Electric Reliability.--Section 215(i)(2) of the Federal Power
Act (16 U.S.C. 824o(i)(2)) is amended by striking ``or transmission''.
(b) Rulemaking.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Commission shall promulgate a final
rule that establishes a minimum transfer capability that--
(A) shall govern minimum transfer requirements
between transmission planning regions;
(B) achieves reliability and resilience standards
during plausible extreme weather scenarios;
(C) optimizes efficiency of delivering renewable
energy to demand centers; and
(D) incorporates the best available science
relating to energy transmission, climatological
patterns, climate change causes and impacts, grid
reliability, and grid resiliency, including study
results from the Department of Energy or National
Laboratories (as defined in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801)).
(2) Rates.--All rates associated with transmission
facilities developed pursuant to the rule promulgated under
paragraph (1) shall be subject to the requirements of sections
205 and 206 of the Federal Power Act (16 U.S.C. 824d, 824e)
that all rates, charges, terms, and conditions--
(A) shall be just and reasonable; and
(B) shall not be unduly discriminatory or
preferential.
SEC. 6. DATA TRANSPARENCY.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 224. DATA TRANSPARENCY.
``(a) Data.--The Commission shall require all public utilities and
other entities subject to the jurisdiction of the Commission to make,
through coordination with the Environmental Protection Agency and an
online database operated by the Administrator of the Energy Information
Administration, hourly operating data transparent and accessible to the
public, including original source data that--
``(1) are organized and easy to understand;
``(2) are centralized and provided in usable formats,
including an application programming interface;
``(3) are available free of charge;
``(4) are published as close to real-time as is
practicable;
``(5) include generation by fuel type;
``(6) include hourly marginal greenhouse gas emissions per
megawatt-hour of electricity generated within the metered
boundaries of each entity and for each specific electrical bus
location on the grid where an injection or withdrawal of power
is modeled (commonly known as a `pricing node'), subject to the
condition that the marginal greenhouse gas emissions data made
available pursuant to this paragraph shall be measured in the
same time interval by which locational marginal price is
measured at the same location, but in no case shall the
interval by which marginal greenhouse gas emissions are
measured for purposes of this paragraph be greater than hourly;
``(7) include congestion cost and the limiting elements
that cause the congestion; and
``(8) include hourly locational data on generation
curtailment and the reasons for that curtailment.
``(b) Commercial Products.--The Commission may identify and reduce
regulatory barriers to the development of commercial products that use
the data made publicly available under subsection (a) in order to
provide verifiable emissions reductions, including short- and long-term
nodal congestion products.
``(c) Appropriation.--In addition to amounts otherwise made
available to the Administrator of the Energy Information
Administration, there is appropriated to the Administrator of the
Energy Information Administration for fiscal year 2024, out of any
funds in the Treasury not otherwise appropriated, $10,000,000 to
develop and operate the database described in subsection (a), to remain
available until expended.''.
SEC. 7. STUDY ON METHODS OF ELECTRICITY PROCUREMENT AND DEVELOPMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the National Academies of Sciences, Engineering, and
Medicine, in coordination with the Commission and the Department of
Energy, shall conduct, and submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives and make available on a public
website a report describing the results of, a study that identifies the
potential benefits and other effects to consumers from--
(1) procuring generation from independent entities that are
not utilities through a competitive process administered by--
(A) an Independent System Operator or a Regional
Transmission Organization; or
(B) another independent entity; and
(2) generation and transmission that is financed,
developed, or owned by--
(A) an entity described in subsection (b);
(B) any corporation that is wholly owned, directly
or indirectly, by 1 or more entities described in that
subsection; or
(C) cooperatives that furnish electricity to rural
areas.
(b) Entity Described.--An entity referred to in subsection
(a)(2)(A) is--
(1) the United States;
(2) a State;
(3) the District of Columbia;
(4) the Commonwealth of Puerto Rico;
(5) any other territory or possession of the United States;
(6) any political subdivision of an entity described in any
of paragraphs (2) through (5);
(7) a Tribal government; or
(8) any agency, authority, or instrumentality of any 1 or
more entities described in paragraphs (1) through (7).
(c) Considerations.--The study conducted under subsection (a)
shall--
(1) take into consideration, at a minimum, potential
benefits with respect to--
(A) cost savings;
(B) improved grid reliability and resilience; and
(C) greenhouse gas reductions;
(2) compare the potential benefits identified under
paragraph (1) to the circumstances of consumers whose
generation is not procured through a competitive process; and
(3) compare the potential benefits and effects identified
under subsection (a)(2) to the circumstances of consumers whose
generation and transmission is not financed and developed,
directly or indirectly, by a public entity.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2024.
SEC. 8. STATE SUBSIDIES.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as
amended by section 6) is amended by adding at the end the following:
``SEC. 225. STATE SUBSIDIES.
``In order to promote competition in wholesale markets,
reliability, and affordability, the Commission shall not use offer-
price mitigation methods to counteract the effects of State subsidies
for renewable energy resources.''.
SEC. 9. OFFICE OF TRANSMISSION.
Part III of the Federal Power Act is amended by inserting after
section 317 (16 U.S.C. 825p) the following:
``SEC. 318. OFFICE OF TRANSMISSION.
``(a) Establishment.--There shall be established in the Commission
an office, to be known as the `Office of Transmission' (referred to in
this section as the `Office').
``(b) Director.--The Office shall be administered by a Director,
who shall be appointed by the Chairman of the Commission.
``(c) Duties.--The Director of the Office shall--
``(1) review transmission plans submitted by public
utilities in accordance with the regional and interregional
transmission planning processes, including the processes
established pursuant to section 206;
``(2) coordinate transmission-related matters of the
Commission, as the Commission determines to be appropriate;
``(3) carry out the responsibilities of the Commission
under section 216, in coordination with the Office of Energy
Projects of the Commission;
``(4) review opportunities for innovation in transmission
planning and operation, including deployment of grid-enhancing
technologies, advanced conductors, and other approaches; and
``(5) provide oversight of transmission planning activities
subject to the jurisdiction of the Commission.''.
SEC. 10. INTERCONNECTION.
Not later than 1 year after the date of enactment of this Act, the
Commission shall promulgate regulations, or revise existing
regulations--
(1) to prohibit a public utility from requiring an
interconnection customer to exclusively or disproportionately
fund, without reimbursement, the costs of any network upgrade
identified as necessary for the interconnect request of the
interconnection customer;
(2) to encourage cost-sharing models that reflect the broad
set of benefits and beneficiaries for any network upgrades
identified as needed in an interconnection or affected system
study, subject to the requirement that the model adheres to any
requirements established under paragraph (1); and
(3) to alleviate interconnection backlogs and reduce
informational and procedural barriers in interconnection, which
may include--
(A) the establishment of an interconnection
analysis center within the Office of Transmission
established under section 318 of the Federal Power Act;
and
(B) consultation with staff and the use of other
resources of the Department of Energy.
SEC. 11. INDEPENDENT TRANSMISSION MONITOR.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, for the purpose of monitoring the planning and operation
of transmission facilities in transmission planning regions, the
Commission shall--
(1)(A) require each transmission planning region to
establish an independent entity to monitor the planning and
operation of transmission facilities in the transmission
planning region; and
(B) establish a council, to be known as the ``Council of
Transmission Monitors''--
(i) to provide oversight of each independent entity
established pursuant to subparagraph (A); and
(ii) to ensure interregional collaboration and
consistency; or
(2) establish an independent entity to monitor the planning
and operation of transmission facilities in all transmission
planning regions.
(b) Role of Transmission Monitor.--An independent entity described
in paragraph (1)(A) or (2) of subsection (a) shall, as applicable--
(1) review the operation of applicable transmission
planning regions for inefficiency and practices that may lead
to unjust and unreasonable rates;
(2) review costs of transmission facilities, including
identifying inefficiencies among local, regional, and
interregional planning;
(3) provide examples and advice to transmission providers
on appropriate regional transmission operations, planning, and
cost-allocation processes; and
(4) identify situations in which--
(A) nonwire alternatives may be more cost-effective
than transmission;
(B) grid-enhancing technologies may be appropriate;
(C) high-capacity, interregional lines may be--
(i) more cost-effective; or
(ii) a more appropriate reliability and
resilience alternative; or
(D) high-capacity regional lines may be more cost-
effective than local upgrades.
SEC. 12. ADVISORY COMMITTEE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commission shall establish an advisory committee
(referred to in this section as the ``committee'') to make
recommendations regarding--
(1) oversight and governance of Independent System
Operators or Regional Transmission Organizations;
(2) stakeholder participation best practices--
(A) that ensure transparency, accountability,
independence, oversight, and fair representation;
(B) the purposes of which are to promote
competition, reliability, and affordability in all
transmission planning regions; and
(C) that include best practices relating to
stakeholder disclosure of the impact of a proposed
tariff reform on the company or client of the
stakeholder prior to voting on the proposed tariff
reform;
(3) enhancing transparency and open decisionmaking in
regions not classified as Independent System Operators or
Regional Transmission Organizations; and
(4) the requirements of governing boards within Independent
System Operators or Regional Transmission Organizations.
(b) Representation.--The committee shall be composed of not more
than 30 members, including--
(1) at least 2 representatives of end-use customers;
(2) at least 1 representative of transmission providers;
(3) at least 2 representatives of environmental justice and
equity groups;
(4) at least 1 representative of Tribal communities;
(5) at least 1 representative of Independent System
Operators;
(6) at least 1 representative of Regional Transmission
Organizations;
(7) at least 1 representative of consumer protection
groups;
(8) at least 2 representatives of renewable energy
advocates;
(9) at least 1 representative of State commissions;
(10) at least 1 representative of public power entities;
(11) at least 1 representative of marketers; and
(12) at least 1 representative of generators.
(c) FACA Applicability.--Chapter 10 of title 5, United States Code
(commonly referred to as the ``Federal Advisory Committee Act''), shall
apply to the committee.
SEC. 13. RTO AND ISO GOVERNANCE.
(a) Stakeholder Processes.--
(1) Public voting.--Each vote cast by any party during a
stakeholder process of a Regional Transmission Organization or
Independent System Operator shall be made public.
(2) Public participation funding.--Not later than 180 days
after the date of enactment of this Act, the Commission shall
promulgate regulations requiring Regional Transmission
Organizations and Independent System Operators to develop a
process to provide intervenor compensation or other funding to
assist with public interest participation in the stakeholder
processes of the Regional Transmission Organization or
Independent System Operator.
(3) Consumer organizations; membership fee waivers.--Not
later than 18 months after the date of enactment of this Act,
the Commission shall promulgate regulations requiring each
Regional Transmission Organization and Independent System
Operator--
(A) to grant full voting and participation rights
for consumer organizations within stakeholder
processes; and
(B) to consider membership fee waivers for
stakeholder processes.
(b) Stakeholder Meetings.--
(1) Recording and transcription.--Each stakeholder meeting
of a Regional Transmission Organization or Independent System
Operator shall be recorded and transcribed, and the recording
and transcription shall be made freely available to the public.
(2) Disclosure requirement.--
(A) In general.--An individual described in
subparagraph (B) shall publicly disclose, at any
stakeholder meeting of a Regional Transmission
Organization or Independent System Operator that the
individual attends or in which the individual otherwise
participates--
(i) that the individual is attending or
participating on behalf of a Regional
Transmission Organization or Independent System
Operator; and
(ii) the identity of that Regional
Transmission Organization or Independent System
Operator.
(B) Individual described.--An individual referred
to in subparagraph (A) is any representative of a law
firm or consulting firm, or any other agent, that is
compensated to represent or advocate for the interests
of a Regional Transmission Organization or Independent
System Operator.
(c) Applicability of FOIA.--Section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information Act''), including
any exceptions under that section, shall apply to the activities,
records, and proceedings of each Regional Transmission Organization and
Independent System Operator, including with respect to the operations
of the Regional Transmission Organization or Independent System
Operator.
(d) Limitations on Sponsorships.--Not later than 180 days after the
date of enactment of this Act, the Commission shall promulgate
regulations--
(1) to prohibit entities with interests in matters before a
Regional Transmission Organization or Independent System
Operator from serving as financial sponsors of special events
or activities at Regional Transmission Organization or
Independent System Operator meetings; or
(2) if the Commission determines appropriate, to establish
disclosure requirements for entities with interests in matters
before a Regional Transmission Organization or Independent
System Operator that serve as financial sponsors of special
events or activities at Regional Transmission Organization or
Independent System Operator meetings.
(e) Boards of Directors.--
(1) Independent board.--Not later than 180 days after the
date of enactment of this Act, the Commission shall promulgate
regulations requiring, subject to exceptions defined by the
Commission, that the board of directors of a Regional
Transmission Organization or Independent System Operator be
independent from, and not affiliated with, the members of the
Regional Transmission Organization or Independent System
Operator.
(2) Membership.--Not later than 18 months after the date of
enactment of this Act, the Commission shall promulgate
regulations--
(A) requiring the board of directors of each
Regional Transmission Organization and Independent
System Operator to have members who have expertise and
experience in representing consumers, including at
least 1 member with expertise in the interests of
retail residential consumers;
(B) establishing the number of members described in
subparagraph (A) that shall be required on a board of
directors described in that subparagraph in order to
avoid marginalization of the perspectives and
contributions of those members; and
(C) requiring each Regional Transmission
Organization and Independent System Operator to
designate at least 1 member of the board of directors
of that Regional Transmission Organization or
Independent System Operator who shall represent and be
directly accountable, in such manner as the Commission
determines to be appropriate, to the public interest
within the geographic footprint of the Regional
Transmission Organization or Independent System
Operator.
(f) Employment and Compensation.--
(1) Revolving door prohibitions.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Commission shall
promulgate regulations requiring Regional Transmission
Organizations and Independent System Operators to
establish rules prohibiting the Regional Transmission
Organization or Independent System Operator from
employing, during the periods described in subparagraph
(B), an individual who is or was an executive of a
utility (commonly known as a ``revolving door
prohibition'').
(B) Periods described.--The periods referred to in
subparagraph (A) are--
(i) any period during which the individual
is an executive of a utility; and
(ii) the 1-year period beginning on the
date on which the employment of the individual
as an executive of a utility ends.
(2) Compensation.--Not later than 180 days after the date
of enactment of this Act, the Commission shall establish
guidelines for executive compensation at Regional Transmission
Organizations and Independent System Operators in order to
limit excessive compensation of those executives.
(g) Enforcement.--The Commission shall enforce the requirements of
this section using the authority of the Commission under sections 205
and 206 of the Federal Power Act (16 U.S.C. 824d, 824e).
SEC. 14. INTERVENOR FUNDING AT OFFICE OF PUBLIC PARTICIPATION.
(a) In General.--Section 319(b)(2) of the Federal Power Act (16
U.S.C. 825q-l(b)(2)) is amended--
(1) in subparagraph (A), by striking the comma and
inserting a semicolon;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting the clauses
appropriately;
(3) in the matter preceding clause (i) (as so
redesignated), in the second sentence, by striking ``Such
compensation'' and inserting the following:
``(B) Determinations required.--Compensation under
this paragraph''; and
(4) by striking the paragraph designation and all that
follows through ``by it,'' in the matter preceding subparagraph
(B) (as so designated) and inserting the following:
``(2) Compensation.--
``(A) In general.--On making the determinations
described in subparagraph (B) and in accordance with
rules promulgated by the Commission, the Commission
shall''.
(b) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Commission shall promulgate a final rule to provide
compensation under paragraph (2) of section 319(b) of the Federal Power
Act (16 U.S.C. 825q-1(b)) in accordance with the amendment made by
subsection (a).
SEC. 15. APPROPRIATIONS.
In addition to amounts otherwise available, there is appropriated
to the Commission for fiscal year 2024, out of any funds in the
Treasury not otherwise appropriated, $200,000,000, to remain available
until expended, to carry out--
(1) sections 4, 5, and 10; and
(2) the amendment made by section 9.
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