Rep. Sensenbrenner Reintroduces the “Powering America for Tomorrow Act” Regarding Regional Planning, Cost Allocation and Federal “Backstop” Siting of Electric Transmission Facilities

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On July 19, 2013, Rep. Jim Sensenbrenner (R-WI) reintroduced the Powering America for Tomorrow Act (the Act), which would, among other things, amend section 216 of the Federal Power Act (FPA) to establish new regional electric transmission planning requirements, require the Federal Energy Regulatory Commission (FERC) to promulgate rules regarding regional cost allocation, create a mechanism for FERC to issue certificates of public convenience and necessity for certain regional transmission projects, and provide FERC with “backstop” siting authority for certain regional transmission projects under certain circumstances.

The Act would provide a more robust statutory platform than the existing FPA section 216 for FERC to implement such “backstop” siting authority and, in many respects, would build on, rather than supplant, recent developments at FERC regarding transmission planning and cost allocation. If enacted, the Act could streamline the development of high-voltage electric transmission infrastructure necessary to alleviate congestion, bring remote renewable resources to market and accelerate the deployment of smart grid technologies.  Click here for additional information and a summary of the principal provisions of the Act.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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