Page:United States Statutes at Large Volume 121.djvu/1652

 PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1631

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exceeding 25 kilovolts to be available for resale by the utility, the purchase price shall further be reduced by per unit transmission costs. ‘‘(B) RATES APPLICABLE TO TRANSPORT BY UTILITY FOR DIRECT SALE TO THIRD PARTIES.— ‘‘(i) IN GENERAL.—Transportation by utilities of power on behalf of the owner or operator of a project under the option described in subsection (c)(2) shall incur a transportation rate that shall equal the per unit distribution costs and per unit distribution margin, that applies to the type of utility transporting the power. ‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the net excess power is made available for transportation at voltages that must be transformed to or from voltages exceeding 25 kilovolts to be transported to the designated third-party purchasers, the transport rate shall further be increased by per unit transmission costs. ‘‘(iii) STATES WITH COMPETITIVE RETAIL MARKETS FOR ELECTRICITY.—In a State with a competitive retail market for electricity, the applicable transportation rate for similar transportation shall be applied in lieu of any rate calculated under this paragraph. ‘‘(4) LIMITATIONS.— ‘‘(A) IN GENERAL.—Any rate established for sale or transportation under this section shall— ‘‘(i) be modified over time with changes in the underlying costs or rates of the electric utility; and ‘‘(ii) reflect the same time-sensitivity and billing periods as are established in the retail sales or transportation rates offered by the utility. ‘‘(B) LIMITATION.—No utility shall be required to purchase or transport a quantity of net excess power under this section that exceeds the available capacity of the wires, meter, or other equipment of the electric utility serving the site unless the owner or operator of the project agrees to pay necessary and reasonable upgrade costs. ‘‘(e) PROCEDURAL REQUIREMENTS FOR CONSIDERATION AND DETERMINATION.— ‘‘(1) PUBLIC NOTICE AND HEARING.— ‘‘(A) IN GENERAL.—The consideration referred to in subsection (a) shall be made after public notice and hearing. ‘‘(B) ADMINISTRATION.—The determination referred to in subsection (a) shall be— ‘‘(i) in writing; ‘‘(ii) based on findings included in the determination and on the evidence presented at the hearing; and ‘‘(iii) available to the public. ‘‘(2) INTERVENTION BY ADMINISTRATOR.—The Administrator may intervene as a matter of right in a proceeding conducted under this section— ‘‘(A) to calculate— ‘‘(i) the energy and emissions likely to be saved by electing to adopt 1 or more of the options; and

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