U.S Code last checked for updates: Nov 22, 2024
§ 824j–1.
Open access by unregulated transmitting utilities
(a)
Definition of unregulated transmitting utility
In this section, the term “unregulated transmitting utility” means an entity that—
(1)
owns or operates facilities used for the transmission of electric energy in interstate commerce; and
(2)
is an entity described in section 824(f) of this title.
(b)
Transmission operation services
Subject to section 824k(h) of this title, the Commission may, by rule or order, require an unregulated transmitting utility to provide transmission services—
(1)
at rates that are comparable to those that the unregulated transmitting utility charges itself; and
(2)
on terms and conditions (not relating to rates) that are comparable to those under which the unregulated transmitting utility provides transmission services to itself and that are not unduly discriminatory or preferential.
(c)
Exemption
The Commission shall exempt from any rule or order under this section any unregulated transmitting utility that—
(1)
sells not more than 4,000,000 megawatt hours of electricity per year;
(2)
does not own or operate any transmission facilities that are necessary for operating an interconnected transmission system (or any portion of the system); or
(3)
meets other criteria the Commission determines to be in the public interest.
(d)
Local distribution facilities
(e)
Exemption termination
(f)
Application to unregulated transmitting utilities
(g)
Remand
(h)
Other requests
(i)
Limitation
(j)
Transfer of control of transmitting facilities
(June 10, 1920, ch. 285, pt. II, § 211A, as added Pub. L. 109–58, title XII, § 1231, Aug. 8, 2005, 119 Stat. 955.)
cite as: 16 USC 824j-1