PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 947
‘‘(A) the economic vitality and development of the corridor, or the end markets served by the corridor, may be constrained by lack of adequate or reasonably priced electricity; ‘‘(B)(i) economic growth in the corridor, or the end markets served by the corridor, may be jeopardized by reliance on limited sources of energy; and ‘‘(ii) a diversification of supply is warranted; ‘‘(C) the energy independence of the United States would be served by the designation; ‘‘(D) the designation would be in the interest of national energy policy; and ‘‘(E) the designation would enhance national defense and homeland security. ‘‘(b) CONSTRUCTION PERMIT.—Except as provided in subsection (i), the Commission may, after notice and an opportunity for hearing, issue one or more permits for the construction or modification of electric transmission facilities in a national interest electric transmission corridor designated by the Secretary under subsection (a) if the Commission finds that— ‘‘(1)(A) a State in which the transmission facilities are to be constructed or modified does not have authority to— ‘‘(i) approve the siting of the facilities; or ‘‘(ii) consider the interstate benefits expected to be achieved by the proposed construction or modification of transmission facilities in the State; ‘‘(B) the applicant for a permit is a transmitting utility under this Act but does not qualify to apply for a permit or siting approval for the proposed project in a State because the applicant does not serve end-use customers in the State; or ‘‘(C) a State commission or other entity that has authority to approve the siting of the facilities has— ‘‘(i) withheld approval for more than 1 year after the filing of an application seeking approval pursuant to applicable law or 1 year after the designation of the relevant national interest electric transmission corridor, whichever is later; or ‘‘(ii) conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission congestion in interstate commerce or is not economically feasible; ‘‘(2) the facilities to be authorized by the permit will be used for the transmission of electric energy in interstate commerce; ‘‘(3) the proposed construction or modification is consistent with the public interest; ‘‘(4) the proposed construction or modification will significantly reduce transmission congestion in interstate commerce and protects or benefits consumers; ‘‘(5) the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence; and ‘‘(6) the proposed modification will maximize, to the extent reasonable and economical, the transmission capabilities of existing towers or structures. ‘‘(c) PERMIT APPLICATIONS.—(1) Permit applications under subsection (b) shall be made in writing to the Commission.
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