order forthwith. If the modifications and conditions are not accepted by the proponent or if the Commission schedules a formal hearing, the suspense order shall remain in effect until the Commission formally determines whether the proposal is consistent with the objectives of this part and issues a final order permitting or prohibiting the construction of the proposed facilities.

"(e) If the Commission at any time determines by order, after notice and opportunity for hearing, that the proposed construction of extra-high-voltage facilities is consistent with the objectives of this part, the proponent may secure necessary rights-of-way over Federal or other lands as provided below.

"(i) If the proponent thereafter cannot acquire by contract, or is unable to agree with the owner of property as to compensation to be paid for the necessary right-of-way or other property to construct, operate, and maintain such extra-high-voltage facilities, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts. In any such proceeding brought in a district court of the United States, the petitioner may file with the petition or at any time before judgment a declaration of taking in the manner and with the consequences provided by sections 258a. 258b, and 258d of title 40, United States Code, and the petitioner shall be subject to all of the provisions of said section which are applicable to the United States when it files a declaration of taking thereunder.

(ii) The construction and operation of such extra-high-voltage facilities located partly or wholly within the lands or reservations of the United States is authorized subject, in addition to the applicable requirements of this part. to such reasonable land use conditions relating to nonpower matters as prescribed by the department or agency administering the lands or reservations affected which the Commission shall include in its order. The department or agency administering the lands or reservations affected by such order shall have a period of sixty days after its issuance to protest its terms on the grounds only that it fails to give due regard to the preservation of identified esthetic or historic values. Such protest shall have the effect of staying the order until the protest shall be withdrawn.

"(f) Whenever the Commission determines that emergency conditions so require, the Commission shall have authority, upon its own motion or complaint, with or without notice, hearing, or report, and upon such conditions as the Commission deems necessary or appropriate, to exempt persons from any requirements of this section. For purposes of this section, emergency conditions shall be deemed to exist by reason of a sudden increase in the demand for electric power or energy, shortage of electric power or energy, a shortage of facilities or materials for the generation or transmission of electric power or energy including a shortage of fuel or water for generating facilities, or other

causes.

"REVIEW AS TO LAND USE

"SEC. 410. Whenever an issue arises, formally or informally, as to land use. including esthetic considerations, either in the regional planning process under section 404 or the review of extra-high-voltage facilities proposals under section 409, the Commission shall entertain written comments by Federal, interstate, State, and local agencies responsible for land use planning in the affected region. The Commission shall defer to the views of the responsible Federal, interstate, State, or local agency, if any, to resolve local land use matters unless the Commission determines that a particular resolution would be inconsistent with the objectives of this part. The Commission may use joint boards, as contemplated by section 209 of this Act, to resolve land use questions which come before it.

"COMPULSORY INTERCONNECTIONS

"SEC. 411. Whenever the Commission, after notice and hearing, had, upon its own motion. or upon complaint, finds such action necessary or appropriate to carry out the objectives of this part, it may by order direct any person engaged in the generation or transmission of electric energy (if the Commission finds that no undue burden will be placed upon such person thereby) to establish physical connection of its transmission facilities with the facilities of one or more other persons engaged in the generation, transmission, or sale

of electric energy, to sell energy to or exchange energy with such persons. The Commission may prescribe the terms and conditions of the arrangement to be made between the persons affected by any such order.

"ABANDONMENT

"SEC. 412. No person engaged in the generation or transmission of electric energy shall abandon or curtail any bulk power supply service, or abandon all or any part of its bulk power supply facilities if it would thereby effect the abandonment, curtailment, or impairment of bulk power supply service, without obtaining the advance approval of the Commission after notice and opportunity for hearing, upon a finding by the Commission that such abandonment or curtailment is consistent with the objectives of this part.

"AUTHORITY TO EXEMPT

"SEC. 413. In order to avoid excessive burdens upon persons engaged in bulk power supply, upon regional councils and upon the public, the Commission may by rule exempt from any requirement of this part or any rule or regulation prescribed thereunder, any facilities, activities, or persons, whenever it determines after public notice and opportunity for hearing that such exemption is necessary and appropriate to carry out the objectives of this part. The Commission may attach conditions to any exemption and may by order, after public notice and opportunity for hearing, revoke any such exemption."

[S. 6S3, 90th Cong., first sess.]

A BILL To facilitate the provision of adequate, economical, and dependable electric service for the present and future needs of the public and the proper and timely installation and use of the products of advancing technology in the generation or transmission of electric energy

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in section 202 of the Federal Power Act, add a new subsection 202(g) to read as set forth below:

"(g) To encourage voluntary interconnection and coordination in the interests of economy and dependability, the Commission, in addition to such authority as it may otherwise have over such contracts under sections 202 and 205–207 of the Act, shall, upon the motion of any party thereto or any interested entity or person and may upon its own motion, review any contract, and any amended contract, hereafter submitted to the Commission for filing pursuant to subsection 205 (c) of this part which contract provides, or is one of several contracts which provide, for the sale or exchange of electric energy or the interconnection, pooling, or coordination of power systems or for the joint use of facilities for the generation or transmission of electric energy. After notice and opportunity for hearing, the Commission shall grant an order of approval of any such contract which it finds will not unduly restrain competition when considered in relation to the purposes of the Act; if it finds the contrary, it shall disapprove such contract and further performance thereof by a public utility shall be unlawful.

If the Commission grants an order of approval of any such contract, any public utility or other entity (including all persons and entities referred to in subsection 201 (f) of this Act) which is a party thereto, and its officers, directors, agents, and employees shall be exempt and relieved from the operation of all Federal, State, and municipal antitrust laws in the negotiation and execution of such contract and in the performance thereof, as approved by the Commission. The authority conferred on the Commission by this subsection shall be exclusive and plenary, and all orders entered hereunder shall be final and conclusive as to all persons (including all persons and entities referred to in subsection 201 (f) of this Act), subject only to review as provided in section 313 of this Act.

The Commission shall have authority to enforce the provisions of this subsection_202(g) by the imposition of any or all sanctions provided for in part III of this Act.

[S. 1834, 90th Cong., first sess.]

A BILL To amend the Federal Power Act so as to require Federal Power Commission authority for the construction, extension, or operation of certain facilities for the transmission of electric energy in interstate commerce

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 202 of the Federal Power Act, as amended (16 U.S.C. 824a), is amended by adding thereto the following new subsections:

"(g) No person shall engage in the transmission of electric energy, subject to the jurisdiction of the Commission, by means of transmission lines and associated facilities designed to be or capable of being operated at a normal voltage of two hundred and thirty or more kilovolts, or undertake the construction or extension of any lines or facilities intended to be operated at a normal voltage of two hundred and thirty or more kilovolts, or incorporate equipment or construction features designed for or usable in any possible future conversion of the facilities to operate at a normal voltage of two hundred and thirty or more kilovolts, or operate or maintain any such facilities or extensions thereof, unless and until there is in force a certificate of public convenience and necessity issued by the Commission authorizing such acts or operations: Provided, however. That the Commission shall, without requiring proof that public convenience and necessity will be served by such transmission, operation, or maintenance, issue such certificate to any person (A) who, or whose predecessor, was on the effective date of this subsection in good faith engaged and continued thereafter to be engaged in the transmission of electric energy at a normal voltage of two hundred and thirty or more kilovolts, or in the operation or maintenance of facilities for such transmission, over the route or routes or within the area for which application is made, and (B) who files application to the Commission for such certificate within ninety days after the effective date of this subsection; and pending the determination of any such application the continuance of such transmission, operation, or maintenance shall be lawful. In all other cases the Commission shall, after notice and opportunity for hearing, decide the application in accordance with the procedure provided in subsection (i) of this section and such certificate shall be issued or denied accordingly.

"(h) Application for certificates shall be made in writing to the Commission, be verified under oath, and shall be in such form, contain such information, and notice thereof shall be served upon such interested parties and in such manner as the Commission shall, by regulation, require.

"(1) Except in the case governed by the proviso in subsection (g) of this section, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the construction, operation, extension, or maintenance covered by the application, if it is found that the applicant is able and willing properly to do the acts and to perform the service proposed and to conform to the provisions of the Act and the requirements, rules, and regulations of the Commission thereunder, and that the proposed construction, operation, extension, or maintenance, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such application shall be denied. Any certificate issued under the provisions of this subsection authorizing the operation of transmission facilities shall be subject to the condition that any capacity of such facilities not required for the transmission of electric energy in the ordinary scope of such applicant's business shall be made available on a common carrier basis for the transmission of other electric energy. The Commission shall have the power to attach to the issuance of the certificate and to the exercise of the rights granted thereunder such other reasonable conditions and terms as the public convenience and necessity may require.

"(1) No public utility shall abandon or curtail any service subject to the jurisdiction of the Commission, or abandon all or any part of its facilities if it would thereby effect the abandonment, curtailment, or impairment of such service, without the permission and approval of the Commission first had and obtained, after notice and opportunity for hearing, upon a finding by the Commission that such abandonment or curtailment is consistent with the public interest."

[S. 1835, 90th Cong., first sess.]

A BILL To amend the Federal Power Act so as to require Federal Power Commission authority for the construction, extension, or operation of certain facilities for the transmission of electric energy in interstate commerce

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 202 of the Federal Power Act, as amended (16 U.S.C. 824a), is amended by adding thereto the following new subsections:

"(c) No person shall engage in the transmission of electric energy in interstate commerce subject to the jurisdiction of the Commission, by means of transmission lines and associated facilities designed to be or capable of being operated at a nominal voltage in excess of two hundred kilovolts, or undertake the construction, extension, or modification of any lines or facilities intended to be operated at a nominal voltage in excess of two hundred kilovolts, or incorporate equipment or construction features designed for or usable in any possible future conversion of facilities to operate at such voltage, or operate or maintain such facilities or extensions thereof, unless and until there is in force a certificate of public convenience and necessity issued by the Commission authorizing such acts and operations: Provided, however, That the Commission shall, without requiring proof that public convenience and necessity will be served by such transmission, operation, or maintenance, issue such certificate to any person (i) who, or whose predecessor, was on the effective date of this subsection bona fide engaged and continued thereafter to be engaged in the transmission of electric energy at a nominal voltage in excess of two hundred kilovolts, or in the operation or maintenance of facilities for such transmission over the route or routes or within the area for which application is made, and (ii) who files application to the Commission for such certificate within ninety days after the effective date of this subsection; and pending the determination of any such application the continuance of such transmission, operation, or maintenance shall be lawful.

"In all other cases the Commission shall, after notice and opportunity for hearing, decide the application in accordance with the procedure provided in subsection (e) of this section and such certificate shall be issued or denied accordingly.

"(d) Application for certificates shall be made in writing to the Commission and shall contain plans and specifications covering such construction, modification, extension, or operation in such form, contain such information, and notice therof shall be served upon such interested parties and in such manner as the Commission shall, by regulation, require.

"(e) Except in the case governed by the proviso in subsection (e) of this seetion, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the construction, modification, extension, operation, or maintenance covered by the application, if it is found that the applicant is able and willing properly to do the acts and to perform the service proposed and to conform to the provisions of the Act and the requirements, rules, and regulations of the Commission thereunder, and that the proposed construction, modification, extension, operation, or maintenance, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity, is consistent with a comprehensive plan for the use and development of the power resources of the area for the purpose of making electric energy reliably available in ample amounts, on fair and reasonable terms, and includes therein to the extent financially feasible sufficient capacity to meet all needs within the affected area for transmission capacity, whether from public or private generation, including reasonable capacity for expansion to meet future loads; otherwise the application shall be denied. The Commission shall have the power to attach to the issuance of the certificate and to the exercise of the rights granted thereunder such reasonable terms and conditions as the public convenience and necessity may require.

"(f) When any person who has been issued a certificate of public convenience and necessity in conformity with subsection (e) above cannot acquire by contract, or is unable to agree with the owner as to the compensation to be paid for

the necessary right-of-way to construct, operate, and maintain a transmission line or transmission lines for the transportation of electric power, and the necessary land or other property, in addition to right-of-way, for the location of facilities or equipment necessary to the proper operation of such transmission line or transmission lines, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property is located, or in the State courts. In any such proceeding brought in a district court of the United States, the petitioner may file with the petition or at any time before judgment a declaration of taking in the manner and with the consequences provided by sections 258a, 258b, and 258d of title 40, United States Code, and the petitioner shall be subject to all of the provisions of said sections which are applicable to the United States when it files a declaration of taking thereunder.

"(g) As used in this section, the term 'person' shall include 'persons' and 'municipalities', as defined in section 3, and any department, agency, or instrumentality of the United States. The term 'two hundred kilovolts' means two hundred kilovolts between phase conductors for alternating current or between poles for direct current.

"(h) No public utility shall abandon or curtail any service subject to the jurisdiction of the Commission, or abandon all or any part of its facilities if it would thereby effect the abandonment, curtailment, or impairment of such service, without the permission and approval of the Commission first had and obtained, after notice and opportunity for hearing, upon a finding by the Commission that such abandonment or curtailment is consistent with the public interest."

SEC. 2. Subsections (c), (d), (e), and (f) of section 202 of such Act are redesignated (i), (j), (k), and (1), respectively.

[S. 2227, 90th Cong., first sess.]

A BILL To amend the Federal Power Act in order to provide for regulation of the construction of electric power transmission lines near national parks, national forests, national historic sites, and certain other areas in order to preserve the historical, recreational, or scenic character of such areas

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part II of the Federal Power Act (16 U.S.C. 824-824h) is amended by adding at the end thereof the following new section:

"REGULATION OF TRANSMISSION LINES NEAR CERTAIN FEDERAL LANDS

"SEC. 210. (a) Within one hundred and eighty days after the date of enactment of this section and from time to time thereafter, the Secretary of the Interior shall, after consultation with appropriate officers, departments, and agencies of the United States, publish in the Federal Register a description (by metes and bounds) of lands and waters adjacent to lands owned by the United States which lands of the United States are determined by the Secretary of the Interior to have a historic, recreational, or scenic value to the people of the United States and which could be adversely affected by the construction of power transmission lines or associated facilities on such adjacent lands or over such adjacent waters.

"(b) No power transmission line or associated facility used or to be used for the transmission of electric energy or the sale of electric energy at wholesale in interstate or foreign commerce may be constructed on any lands described in the Federal Register pursuant to subsection (a) of this section, unless the Secretary of the Interior after notice and opportunity for a hearing determines that such construction would be in the public interest and grants a certificate permitting such construction."

SEC. 2. Section 201(f) of the Federal Power Act is amended by striking out "No provisions" and inserting in lieu thereof "Except as provided in section 210 of this part, no provision".