Page:United States Statutes at Large Volume 119.djvu/974

 119 STAT. 956

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(g) REMAND.—In exercising authority under subsection (b)(1), the Commission may remand transmission rates to an unregulated transmitting utility for review and revision if necessary to meet the requirements of subsection (b). ‘‘(h) OTHER REQUESTS.—The provision of transmission services under subsection (b) does not preclude a request for transmission services under section 211. ‘‘(i) LIMITATION.—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 the Internal Revenue Code of 1986. ‘‘(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.’’. 42 USC 16431.

SEC. 1232. FEDERAL UTILITY PARTICIPATION IN TRANSMISSION ORGANIZATIONS.

(a) DEFINITIONS.—In this section: (1) APPROPRIATE FEDERAL REGULATORY AUTHORITY.—The term ‘‘appropriate Federal regulatory authority’’ means— (A) in the case of a Federal power marketing agency, the Secretary, except that the Secretary may designate the Administrator of a Federal power marketing agency to act as the appropriate Federal regulatory authority with respect to the transmission system of the Federal power marketing agency; and (B) in the case of the Tennessee Valley Authority, the Board of Directors of the Tennessee Valley Authority. (2) FEDERAL POWER MARKETING AGENCY.—The term ‘‘Federal power marketing agency’’ has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796). (3) FEDERAL UTILITY.—The term ‘‘Federal utility’’ means— (A) a Federal power marketing agency; or (B) the Tennessee Valley Authority. (4) TRANSMISSION ORGANIZATION.—The term ‘‘Transmission Organization’’ has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796). (5) TRANSMISSION SYSTEM.—The term ‘‘transmission system’’ means an electric transmission facility owned, leased, or contracted for by the United States and operated by a Federal utility. (b) TRANSFER.—The appropriate Federal regulatory authority may enter into a contract, agreement, or other arrangement transferring control and use of all or part of the transmission system of a Federal utility to a Transmission Organization. (c) CONTENTS.—The contract, agreement, or arrangement shall include— (1) performance standards for operation and use of the transmission system that the head of the Federal utility determines are necessary or appropriate, including standards that ensure— (A) recovery of all of the costs and expenses of the Federal utility related to the transmission facilities that

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