Title 16ConservationRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Within one year after August 8, 2005, the Commission must write rules that let utilities have incentive-based (including performance-based) ways to set transmission rates for sending electricity across state lines. The goal is to help consumers by keeping power reliable and lowering delivered power costs by cutting transmission congestion. The rules must push for more investment in building, improving, maintaining, and operating transmission lines and related equipment, no matter who owns them. They must offer a return on equity that attracts new investors. They must encourage new transmission technologies and other steps to boost capacity and efficiency of existing lines. The rules must let utilities recover all prudently incurred costs to meet mandatory reliability standards under section 824o and to carry out transmission infrastructure development under section 824p. Where the Commission has authority, it must provide incentives to utilities that join a Transmission Organization and allow recovery of those costs either through the utility’s transmission rates or through the Transmission Organization’s rates. All rates under these rules must still meet the just-and-reasonable and nondiscriminatory standards in sections 824d and 824e.

Full Legal Text

Title 16, §824s

Conservation — Source: USLM XML via OLRC

(a)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)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)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)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 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60