PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 957
are the subject of the contract, agreement, or other arrangement; (B) consistency with existing contracts and third-party financing arrangements; and (C) consistency with the statutory authorities, obligations, and limitations of the Federal utility; (2) provisions for monitoring and oversight by the Federal utility of the Transmission Organization’s terms and conditions of the contract, agreement, or other arrangement, including a provision for the resolution of disputes through arbitration or other means with the Transmission Organization or with other participants, notwithstanding the obligations and limitations of any other law regarding arbitration; and (3) a provision that allows the Federal utility to withdraw from the Transmission Organization and terminate the contract, agreement, or other arrangement in accordance with its terms. (d) COMMISSION.—Neither this section, actions taken pursuant to this section, nor any other transaction of a Federal utility participating in a Transmission Organization shall confer on the Commission jurisdiction or authority over— (1) the electric generation assets, electric capacity, or energy of the Federal utility that the Federal utility is authorized by law to market; or (2) the power sales activities of the Federal utility. (e) EXISTING STATUTORY AND OTHER OBLIGATIONS.— (1) SYSTEM OPERATION REQUIREMENTS.—No statutory provision requiring or authorizing a Federal utility to transmit electric power or to construct, operate, or maintain the transmission system of the Federal utility prohibits a transfer of control and use of the transmission system pursuant to, and subject to, the requirements of this section. (2) OTHER OBLIGATIONS.—This subsection does not— (A) suspend, or exempt any Federal utility from, any provision of Federal law in effect on the date of enactment of this Act, including any requirement or direction relating to the use of the transmission system of the Federal utility, environmental protection, fish and wildlife protection, flood control, navigation, water delivery, or recreation; or (B) authorize abrogation of any contract or treaty obligation. (3) CONFORMING AMENDMENT.—Section 311 of the Energy and Water Development Appropriations Act, 2001 (16 U.S.C. 824n) is repealed. SEC. 1233. NATIVE LOAD SERVICE OBLIGATION.
(a) IN GENERAL.—Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ‘‘SEC. 217. NATIVE LOAD SERVICE OBLIGATION.
16 USC 824q.
‘‘(a) DEFINITIONS.—In this section: ‘‘(1) The term ‘distribution utility’ means an electric utility that has a service obligation to end-users or to a State utility or electric cooperative that, directly or indirectly, through one or more additional State utilities or electric cooperatives, provides electric service to end-users. ‘‘(2) The term ‘load-serving entity’ means a distribution utility or an electric utility that has a service obligation.
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