Page:United States Statutes at Large Volume 119.djvu/1002

 119 STAT. 984

PUBLIC LAW 109–58—AUG. 8, 2005

(2) revoked the seller’s authority to sell any electricity at market-based rates. (b) RELIEF.—Notwithstanding section 222 of the Federal Power Act (as added by section 1262), any provision of title 11, United States Code, or any other provision of law, in the case of a contract described in subsection (a), the Commission shall have exclusive jurisdiction under the Federal Power Act (16 U.S.C. 791a et seq.) to determine whether a requirement to make termination payments for power not delivered by the seller, or any successor in interest of the seller, is not permitted under a rate schedule (or contract under such a schedule) or is otherwise unlawful on the grounds that the contract is unjust and unreasonable or contrary to the public interest. (c) APPLICABILITY.—This section applies to any proceeding pending on the date of enactment of this section involving a seller described in subsection (a) in which there is not a final, nonappealable order by the Commission or any other jurisdiction determining the respective rights of the seller.

Subtitle H—Definitions SEC. 1291. DEFINITIONS. 42 USC 16481.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

(a) COMMISSION.—In this title, the term ‘‘Commission’’ means the Federal Energy Regulatory Commission. (b) AMENDMENT.—Section 3 of the Federal Power Act (16 U.S.C. 796) is amended— (1) by striking paragraphs (22) and (23) and inserting the following: ‘‘(22) ELECTRIC UTILITY.—(A) The term ‘electric utility’ means a person or Federal or State agency (including an entity described in section 201(f)) that sells electric energy. ‘‘(B) The term ‘electric utility’ includes the Tennessee Valley Authority and each Federal power marketing administration. ‘‘(23) TRANSMITTING UTILITY.—The term ‘transmitting utility’ means an entity (including an entity described in section 201(f)) that owns, operates, or controls facilities used for the transmission of electric energy— ‘‘(A) in interstate commerce; ‘‘(B) for the sale of electric energy at wholesale.’’; and (2) by adding at the end the following: ‘‘(26) ELECTRIC COOPERATIVE.—The term ‘electric cooperative’ means a cooperatively owned electric utility. ‘‘(27) RTO.—The term ‘Regional Transmission Organization’ or ‘RTO’ means an entity of sufficient regional scope approved by the Commission— ‘‘(A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and ‘‘(B) to ensure nondiscriminatory access to the facilities. ‘‘(28) ISO.—The term ‘Independent System Operator’ or ‘ISO’ means an entity approved by the Commission— ‘‘(A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and ‘‘(B) to ensure nondiscriminatory access to the facilities.

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