U.S Code last checked for updates: May 19, 2024
All TitlesTitle 42Chapter 149Subchapter XIIPart A
§ 16421.
Third-party finance
(a)
Existing facilities
The Secretary, acting through the Administrator of the Western Area Power Administration (hereinafter in this section referred to as “WAPA”), or through the Administrator of the Southwestern Power Administration (hereinafter in this section referred to as “SWPA”), or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, an electric power transmission facility and related facilities (“Project”) needed to upgrade existing transmission facilities owned by SWPA or WAPA if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—
(1)
(A)
is located in a national interest electric transmission corridor designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or
(B)
is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;
(2)
is consistent with—
(A)
transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]), if any, or approved regional reliability organization; and
(B)
efficient and reliable operation of the transmission grid; and
(3)
would be operated in conformance with prudent utility practice.
(b)
New facilities
The Secretary, acting through WAPA or SWPA, or both, may design, develop, construct, operate, maintain, or own, or participate with other entities in designing, developing, constructing, operating, maintaining, or owning, a new electric power transmission facility and related facilities (“Project”) located within any State in which WAPA or SWPA operates if the Secretary, in consultation with the applicable Administrator, determines that the proposed Project—
(1)
(A)
is located in an area designated under section 216(a) of the Federal Power Act [16 U.S.C. 824p(a)] and will reduce congestion of electric transmission in interstate commerce; or
(B)
is necessary to accommodate an actual or projected increase in demand for electric transmission capacity;
(2)
is consistent with—
(A)
transmission needs identified, in a transmission expansion plan or otherwise, by the appropriate Transmission Organization (as defined in the Federal Power Act [16 U.S.C. 791a et seq.]) if any, or approved regional reliability organization; and
(B)
efficient and reliable operation of the transmission grid;
(3)
will be operated in conformance with prudent utility practice;
(4)
will be operated by, or in conformance with the rules of, the appropriate (A) Transmission Organization, if any, or (B) if such an organization does not exist, regional reliability organization; and
(5)
will not duplicate the functions of existing transmission facilities or proposed facilities which are the subject of ongoing or approved siting and related permitting proceedings.
(c)
Other funds
(1)
In general
(2)
Availability
The contributed funds shall be available for expenditure for the purpose of carrying out the Project—
(A)
without fiscal year limitation; and
(B)
as if the funds had been appropriated specifically for that Project.
(3)
Allocation of costs
(d)
Relationship to other laws
Nothing in this section affects any requirement of—
(1)
any Federal environmental law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2)
any Federal or State law relating to the siting of energy facilities; or
(3)
any existing authorizing statutes.
(e)
Savings clause
(f)
Secretarial determinations
(g)
Maximum funding amount
(Pub. L. 109–58, title XII, § 1222, Aug. 8, 2005, 119 Stat. 952.)
cite as: 42 USC 16421
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