Title 16, ConservationRelease 119-110

§824s Transmission Infrastructure Investment

Title 16 › CHAPTER 12 — FEDERAL REGULATION AND DEVELOPMENT OF POWER › SUBCHAPTER II — REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE COMMERCE › § 824s

Last updated Sep 22, 2026|Official source

Summary

The Commission must create rules no later than 1 year after August 8, 2005, to set up incentive-based rates (including performance-based ones) for public utilities that transmit electricity across state lines. The goal is to help consumers by keeping the grid reliable and lowering delivered power costs by cutting transmission congestion. The rules must encourage investment to expand, upgrade, maintain, and operate all interstate transmission facilities, offer returns that attract new investment (including related technologies), and push for technologies and other steps to increase capacity and efficiency of existing lines. They must let utilities recover reasonable costs to meet mandatory reliability rules (section 824o) and to develop transmission projects (section 824p). Utilities that join a Transmission Organization must be eligible for incentives, and recoverable costs can be collected through either the utility’s transmission rates or the Transmission Organization’s rates. All rates under these rules must still meet the fairness and reasonableness requirements in sections 824d and 824e.

Full Legal Text

Title 16, §824s

Conservation, Source: USLM XML via OLRC

(a)Rulemaking requirement
Not later than 1 year after August 8, 2005, the Commission shall establish, by rule, incentive-based (including performance-based) rate treatments for the transmission of electric energy in interstate commerce by public utilities for the purpose of benefitting consumers by ensuring reliability and reducing the cost of delivered power by reducing transmission congestion.
(b)Contents
The rule shall—
(1)promote reliable and economically efficient transmission and generation of electricity by promoting capital investment in the enlargement, improvement, maintenance, and operation of all facilities for the transmission of electric energy in interstate commerce, regardless of the ownership of the facilities;
(2)provide a return on equity that attracts new investment in transmission facilities (including related transmission technologies);
(3)encourage deployment of transmission technologies and other measures to increase the capacity and efficiency of existing transmission facilities and improve the operation of the facilities; and
(4)allow recovery of—
(A)all prudently incurred costs necessary to comply with mandatory reliability standards issued pursuant to section 824o of this title; and
(B)all prudently incurred costs related to transmission infrastructure development pursuant to section 824p of this title.
(c)Incentives
In the rule issued under this section, the Commission shall, to the extent within its jurisdiction, provide for incentives to each transmitting utility or electric utility that joins a Transmission Organization. The Commission shall ensure that any costs recoverable pursuant to this subsection may be recovered by such utility through the transmission rates charged by such utility or through the transmission rates charged by the Transmission Organization that provides transmission service to such utility.
(d)Just and reasonable rates
All rates approved under the rules adopted pursuant to this section, including any revisions to the rules, are subject to the requirements of section 824d and 824e of this title that all rates, charges, terms, and conditions be just and reasonable and not unduly discriminatory or preferential.

Reference

Citations & Metadata

Citation

16 U.S.C. § 824s

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110