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handle is hein.crs/goveqmf0001 and id is 1 raw text is: Energy Permitting Reform Act of 2024:
Electricity Provisions
August 29, 2024
On July 22, 2024, the Chair and Ranking Member of the Senate Energy and Natural Resources
Committee released draft text for a permitting reform bill; the next day, S. 4753-the Energy Permitting
Reform Act of 2024-was introduced. The Senate Energy and Natural Resources Committee ordered
reported an amended version of the bill on July 31, 2024. The bill addresses many infrastructure
permitting topics related to a broad set of energy sources and minerals. This analysis summarizes the
provisions in Title IV and Title V of the bill as ordered reported, which relate to electricity.
Siting of Electricity Transmission Infrastructure
Under current law, siting authority for electricity transmission infrastructure primarily resides in the
states. Although Congress, in 2005, carved out a limited role for the federal government acting through
the Federal Energy Regulatory Commission (FERC), the commission has never exercised this authority.
(For further discussion, see CRS Report R47862, Electricity Transmission: What Is the Role of the
Federal Government?). FERC's backstop siting authority, as it is known, allows the commission to
permit the construction or modification of certain interstate transmission facilities if a state agency has
denied approval, among other circumstances (16 U.S.C. § 824p(b)). This authority relies upon the U.S.
Department of Energy (DOE) designating certain areas as National Interest Electric Transmission
Corridors (NIETCs) based upon a triennial DOE study of transmission congestion. Federal financial
support is available for electricity transmission infrastructure developed in NIETCs.
S. 4753 would amend FERC's backstop siting authority to apply to construction and modification of
certain interstate electricity infrastructure (including infrastructure used to transmit electricity from the
Outer Continental Shelf) without requiring a NIETC designation. Covered infrastructure would generally
need to have a voltage rating of 100 kilovolts (kV) or higher and meet other criteria, such as being
consistent with the public interest and benefiting customers. The bill would preserve FERC's backstop
role; transmission developers would still need to seek state approval first (as is currently the case). Under
the bill, FERC's backstop siting authority would not apply within the area of the Electric Reliability
Council of Texas (ERCOT) (as is also currently the case).
Congressional Research Service
https://crsreports.congress.gov
IN12412
CRS INSIGHT
Prepared for Members and
Committees of Congress

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