106 STAT. 2916 PUBLIC LAW 102-486—OCT. 24, 1992 (C) In paragraph (3), strike "electric" and insert "transmitting". (D) Strike the period in subparagraph (B) of paragraph (1) and insert ", or" and after subparagraph (B) insert the following new subparagraph: "(C) the ordered transmission services require enlargement of transmission capacity and the transmitting utility subject to the order has failed, aft^r making a good faith effort, to obtain the necessary approvals or property rights under applicable Federal, State, and local laws.". SEC. 722. TRANSMISSION SERVICES. 16 USC 824k. Section 212 of the Federal Power Act is amended as follows: (1) Strike subsections (a) and (b) and insert the following: " (a) RATES, CHARGES, TERMS, AND CONDITIONS FOR WHOLESALE TRANSMISSION SERVICES.— An order under section 211 shall require the transmitting utility subject to the order to provide wholesale transmission services at rates, charges, terms, and conditions which permit the recovery by such utility of all the costs incurred in connection with the transmission services and necessary associated services, including, but not limited to, an appropriate share, if any, of legitimate, verifiable and economic costs, including taking into account any benefits to the transmission system of providing the transmission service, and the costs of any enlargement of transmission facilities. Such rates, charges, terms, and conditions shall promote the economically efficient transmission and generation of electricity and shall be just and reasonable, and not unduly discriminatory or preferential. Rates, charges, terms, and conditions for transmission services provided pursuant to an order under section 211 shall ensure that, to the extent practicable, costs incurred in providing the wholesale transmission services, and properly allocable to the provision of such services, are recovered from the applicant for such order and not from a transmitting utility's existing wholesale, retail, and transmission customers.". (2) Subsection (e) is amended to read as follows: "(e) SAVINGS PROVISIONS.—(1) No provision of section 210, 211, 214, or this section shall be treated as requiring any person to utilize the authority of any such section in lieu of any other authority of law. Except as provided in section 210, 211, 214, or this section, such sections shall not be construed as limiting or impairing any authority of the Commission under any other provision of law. "(2) Sections 210, 211, 213, 214, and this section, shall not be construed to modify, impair, or supersede the antitrust laws. For purposes of this section, the term 'antitrust laws' has the meaning given in subsection (a) of the first sentence of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section relates to unfair methods of competition.". (3) Add the following new subsections at the end thereof: " (g) PROHIBITION ON ORDERS INCONSISTENT WITH RETAIL MARKETING AREAS.— No order may be issued under this Act which is inconsistent with any State law which governs the retell marketing areas of electric utilities. " (h) PROHIBITION ON MANDATORY RETAIL WHEELING AND SHAM WHOLESALE TRANSACTIONS. —No order issued under this Act shall be conditioned upon or require the transmission of electric energy:
�
