don't need any legislation to meet this problems. The continuing power failures are an answer to that in themselves.

What I hope is presented to this committee instead will be suggestions for improvements that can be made in the legislation and constructive alternatives to its various provisions.

(The text of the power reliability bills, and reports thereon, follow:) (For text of H.R. 12585, introduced by Mr. Macdonald on July 2, 1969, see p. 381.)

[H.R. 7186, H.R. 7016, H.R. 7052, and H.R. 9557, introduced by Mr. Macdonald of Massachusetts, February 19, 1969; Mr. Moss (for himself, Mr. Ottinger, Mr. Helstoski, Mr. Koch, Mr. McCarthy, Mr. Miller of California, Mr. Moorhead, Mr. Nedzi, Mr O'Neill of Massachusetts, Mr Podell, Mr. Powell, Mr. Rees, Mr. Reid of New York, Mr. Rodino, Mr. Rosenthal, Mr. Scheuer, Mr. St Germain, Mr. Thompson of New Jersey, Mr. Tunney, Mr. Udall, and Mr. Van Deerlin) February 18, 1969; Mr. Ottinger (for himself, Mr. Moss, Mr. Anderson of California, Mr. Bingham, Mr. Brademas, Mr. Brasco, Mr. Brown of California, Mr. Button, Mr. Conyers, Mr. Corman, Mr. Daniels of New Jersey, Mr. Dingell, Mr. Donohue, Mr. Dulski, Mr. Edwards of California, Mr. Eilberg, Mr. Friedel, Mr. Green of Pennsylvania, Mr. Halpern, Mr. Hechler of West Virginia, and Mr. Hathaway), February 18, 1969; Mr Moorhead, March 26, 1969, respectively, are identical as follows:]

A BILL To amend the Federal Power Act to further promote the reliability, abundance, economy, and efficiency of bulk electric power supplies through regional and interregional coordination; to encourage the installation and use of improved extra-high-voltage facilities; to preserve the environment and conserve natural resources; to establish the National Council on the Environment; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Electric Power Reliability Act of 1969”.

SEC. 2. (a) The Congress finds that increased reliability in the generation and transmission of electrical energy is important to the national defense, the commercial life of the country, and the general welfare of the people of the United States; that the rapidly growing demand for power, the increase in the size and complexity of generating and transmission facilities, and the rapidly advancing technology of the electric industry require a high level of coordination in the generation and transmission of electric power within and between regions of the country; and that a new part IV of the Federal Power Act, as added by this Act, will serve to provide the means for increasing and improving such coordination and reliability.

(b) Congress finds that the preservation and enhancement of the environment, the conservation of natural resources, including scenic, historic, and recreation asset, and the strengthening of long-range land-use planning are vital to the health and welfare of the people of the United States and that actions taken under the authority of the Federal Power Act as amended by this Act should be consistent with these goals.

SEC. 3. A new part IV is added to the Federal Power Act,as amended (16 U.S.C. 791-825r) to read as follows:

"PART IV-REGIONAL COORDINATION

"APPLICATION AND OBJECTIVES OF PART: DEFINITIONS

"SEC. 401. (a) This part shall apply to all persons who own or operate bulk power supply facilities in the United States.

"(b) This part is intended to further the national policy declared by subsection 202(a) of the Federal Power Act, by assuring an abundant supply of electric energy throughout the United States with the greatest possible economy and consistent with the preservation and enhancement of the environment, the proper utilization and conservation of natural resources, including scenic, historic, and recreation assets, and the strengthening of long-range land-use planning; by enhancing the reliability of bulk power supply; by strengthening existing, and establishing new, mechanisms for coordination in the electric utility industry; by encouraging the comprehensive development of the power resources of each area and region of the United States, to take advantage of advancing technology

with due regard for the conservation of natural resources; by providing that all utility systems and their customers shall have access to the benefits of coordination and advancing technology on fair and reasonable terms; by assuring to the extent feasible that extra-high-voltage facilities include sufficient capacity to meet area, regional, and interregional needs for generating and transmission capacity, including reserve capacity for reliability; and by drawing upon the cooperation of all segments of the electric utility industry.

"(c) As used in this part, 'person' means a 'person', 'municipality', or a ‘State', as defined in section 3 of the Federal Power Act, and any department, agency, or instrumentality of the United States. The term includes privately, cooperatively, federally, and other publicly owned persons.

"(d) As used in this part, bulk power supply facilities' means facilities for generation or transmission of electric power and energy. In the exercise of its authority under section 414 the Commission may classify or exempt facilities which are not material to the objectives of this part.

"(e) As used in this part, 'extra-high-voltage facilities' means transmission lines and associated facilities designed to be capable of being operated at a nominal voltage higher than two hundred kilovolts between phase conductors for alternating current or between poles for direct current, the construction, extension, or modification of which is commenced two years or more after the enactment of this part, and generating units or plants and associated facilities designed to be or capable of being operated at a capacity of two hundred megawatts or more, the construction, extension, or modification of which is commenced four years or more after the enactment of this part.

"RELATION TO OTHER PARTS

"SEC. 402. (a) This part supplements parts I, II, and III of this Act in order further to promote the reliability, abundance, and efficiency of bulk power supply in the United States and to assure that actions taken pursuant to any part shall be consistent with the enhancement and preservation of the environment, the conservation of natural resources, including scenic, historic, and recreation assets and the strengthening of long-range land-use planning. Nothing herein shall modify or abridge authority granted under parts I, II, or III of this Act unless specifically so provided.

"(b) The administrative, procedural, enforcement, rehearing, and court review provisions prescribed by other parts of this Act shall apply to this part.

"COOPERATION OF BULK POWER SUPPLY SYSTEMS

"SEC. 403. The purposes of this part shall be achieved as far as possible by cooperation among all persons engaged in bulk power supply, or affected thereby, whatever their nature.

"REGIONAL POWER COORDINATION ORGANIZATIONS

"SEC. 404. (a) After appropriate consultation, held under procedures to be prescribed by the Commission, with persons engaged or interested in bulk power supply, appropriate Federal agencies and State commissions, the Commission shall secure the establishment of appropriate and effective regional organizations and procedures to carry out regional and interregional coordination, with full participation by all segments of the electric utility industry in the region. Each regional coordination organization (hereafter 'regional council') shall be open to membership by each electric system in the region, whatever the nature of its ownership or of its facilities. Two or more electric systems may at their option be admitted as a group. Some electric systems may in appropriate cases be admitted to more than one regional council. The Commission shall, and the State commissions within the region may, designate appropriate staff representatives, who shall participate in the work of the regional councils, except for the ultimate adoption of plans or any other council actions.

"(b) Each regional council shall file with the Commission a statement of its organization in accordance with such rules and standards as the Commission shall prescribe. The Commission shall promptly publish notice in the Federal Register of the filing of each such statement. Copies of such statements shall be kept available for public inspection at the Commission's office and at some convenient place designated by the Commission within each region affected. After notice and opportunity for hearing, the Commission may by order determine

whether any statement filed under this section is consistent with the objectives of this part. If the Commission determines that the statement is not consistent with the objectives of this part, it shall modify it or set it aside.

"(c) Within thirty days after adoption by the council, any regional or interregional coordination plan developed by such regional council, in accordance with such rules and standards as the Commission shall prescribe, shall be filed with the Commission. The Commission shall promptly publish notice in the Federal Register of the filing of each such coordination plan. Copies of such plans shall be kept available for public inspection at the Commission's office and at some convenient place designated by the Commission within each region affected. The Commission shall consider such coordination plans in exercising its responsibilities under this Act, including parts I, II, III, and IV: Provided, That such coordination plans shall in no manner be construed or considered as comprehensive plans pursuant to section 10(a) of part I of this Act (16 U.S.C. 803 (a)). Statements filed under this subsection shall not be considered contracts to be filed under section 205 (c) of this Act. After notice and opportunity for hearing, the Commission may determine whether any coordination plan submitted under this section is consistent with the objectives of this part. If the Commission determines that the plan is not consistent with the objectives of this part or not in the public interest it shall modify it or set it aside.

"(d) The Commission shall require annual reports from each regional council and such additional reports as it may deem necessary or appropriate to carry out the objectives of this part. Copies of such reports shall be kept available for public inspection at the Commission's office and at some convenient place designated by the Commission within each region affected. The Commission shall annually report to the Congress on the effectiveness of the regional and and interregional coordination efforts.

"(e) If the Commission, after notice and opportunity for hearing, determines that any person engaged in generation or transmission unreasonably refuses to participate in the creation of a regional council, to contribute toward its expenses. or to participate in effective regional or interregional coordination it may require such person by order to participate in the creation and work of such regional council, and to contribute a reasonable share of the expenses thereof, to the extent the Commission finds necessary to carry out the objectives of this part.

"(f) In accordance with the procedures prescribed for filing, publication, and consideration of a statement of organization or coordination plan, either the regional council, or the Commission upon its own motion or upon complaint and after notice and opportunity for hearing, may from time to time amend any statement or plan. The Commission, if it determines, after notice and opportunity for hearing, that an amendment by the regional council is not consistent with the objectives of this part, shall modify or set aside such amendment.

"NATIONAL COUNCIL ON THE ENVIRONMENT

"SEC. 405. (a) There is hereby established a National Council on the Environment (hereafter 'National Council'). The President, with the advice and consent of the Senate, shall appoint as members thereof five persons having special expertise in areas such as conservation, environmental sciences, esthetics, or landuse planning. Each member of the Council shall hold office for a term of three years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) of the members first taking office two shall be appointed for a term of one year, one for two years, and two for three years, beginning from the date of enactment of this Act. At its first meeting and thereafter whenever a vacancy in the chairmanship occurs the Council shall elect one of its members chairman of the Council, to act as such until the expira tion of his current term as a member of the Council. Not more than three of the members shall be appointed from the same political party, but this sentence shall not prevent appointment of persons without partisan political affiliation. No person in the employ of or holding any official relation to any licensee or to any per son, firm, association, or corporation engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, shall enter upon the duties of or hold the office of member of the National Council. Said Council members shall not engage in any other business, vocation, or employment. No vacancy in the National Council shall impair the right of the remaining members to exercise all the powers of the Council. Three members of the Council shall con

stitute a quorum for the transaction of business, and the Council shall have an official seal of which judicial notice shall be taken. The Council shall annually elect a vice chairman who shall be acting chairman during the absence or disability of the chairman and during any vacancy in the office of chairman. The National Council shall adopt such rules and regulations as it deems advisable for the conduct of its business. It may by rule delegate to the Chairman such of its executive and administrative functions as it sees fit, including functions of the National Council with respect to (1) the appointment and supervision of personnel employed under the Council, (2) the distribution of business among such personnel, and (3) the use and expenditure of funds. The Council may by rule authorize the Chairman to redelegate any function so delegated to him. The Chairman of the National Council shall be compensated at the rate provided in level III of the Federal Executive Salary Schedule (5 U.S.C. 5314) and the other members shall be compensated at the rate provided in level IV of the Federal Executive Salary Schedule (5 U.S.C. 5315).

"(b) The National Council shall review each coordination plan, each application for a license under part I of this Act, each proposal under section 410 of this Act, and all amendments to any of these, to ascertain whether such plans, applications, proposals, or amendments are consistent with the preservation and enhancement of the environment, conservation of natural resources, including Scenic, historic, and recreation assets, and the strengthening of long-range landuse planning. The Commission shall promptly cause each such plan, application, or proposal and any modification of any of these to be served upon the National Council.

"(c) The National Council, within ninety days, or such additional period as the Commission for cause orders, after service of a coordination plan, or an application for a license under part I of this Act, or any amendment to either of these, shall report to the Commission as to the extent to which such plan, application or amendment is consistent with the objectives of this section. If the National Council finds that such a plan, application or amendment is not consistent with the objectives of this section, it may file an objection thereto with the Commission. "(d) The National Council, within six months after publication in the Federal Register of the notice of a proposal under section 410 of this Act, or within ninety days after the date a modification or condition affecting such proposal is served upon it if such service is made more than three months after such publication, shall report to the Commission as to the extent such proposal, modification thereof or condition thereto, whether proposed by the Commission or the proponent, is consistent with the objectives of this section. If the National Council finds that a propsal, modification or condition is not consistent with the objectives of this section, it may file an objection thereto with the Commission.

"(e) In preparing reports pursuant to this section the National Council shall have full and ready access to all information regarding any plan, application, amendment, proposal, modification or condition available to the Commission and to such other information as it may deem necessary to carry out its responsibilities under this section.

"(f) Every objection filed by the National Council pursuant to this section shall have the same effect as a suspense order issued by the Commission under section 410 of this Act, and shall be promptly served upon the regional council and the applicant or proponent affected thereby. The Commission shall consider the report of the National Council in making its decision and such report shall be a part of the record of the proceeding.

"(g) The National Council may intervene and be a party to any proceeding in which it has filed a report or objection and may seek rehearing and judicial review of the Commission's order in such proceedings in the manner provided in section 313 of this Act.

"(h) The National Council is authorized to

"(1) Appoint and fix the compensation of scientific, technical, professional, and elerical personnel necessary to carry out its functions. Such appointments may be made without regard to provisions of title 5, United States Code, governing appointments in competitive service, and without regard to provisions of chaper 51 and subchaper III of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual so appointed shall receive compensation in excess of the rate authorized for GS-18 by section 5332 of such title.

"(2) In accordance with title 5, United States Code, section 3109, employ experts and consultants for temporary or intermittent service.

"(3) Enter into contracts with educational institutions, scientific organizations, industrial and engineering firms it deems suitable and necessary to assist the National Council in its consideration of any plans, applications, amendments, proposals, modifications, or conditions pending before it, or to conduct research which may aid it in carrying out its functions pursuant to this section; and

"(4) Cooperate with any Federal, interstate, State, or local agency or instrumentality, and with any private person, firm, educational institution or other organization for the purpose of carrying out its functions pursuant to this section. "(i) Attorneys appointed by the Council may, at its direction, appear for and represent the Council in any administrative or judicial proceeding.

"NATIONAL ELECTRIC STUDIES COMMITTEE

"SEC. 406. The Commission, after consultation with regional councils, shall establish a national committee representative of all elements of the electric industry to facilitate interregional exchange of views and experience and to consolidate electric industry efforts to investigate major present and future problems in planning and operating bulk power supply facilities. The committee shall seek to stimulate vigorous scientific and engineering interest in the challenges to achieving reliable and efficient bulk power supply for the United States and protecting and enhancing the general environment of the United States.

"ADVISORY BOARDS

"SEC. 407. To assist it in considering matters coming before it under this part, the Commission may establish one or more advisory coordination review boards and provide for the appointment thereto of experts drawn from the electric utility industry, equipment manufacturers, the academic and research communities, and other persons, not employed by the Commission, drawn from the general public, including persons interested in conservation, esthetics, and long-range land-use planning.

"COORDINATION AGREEMENTS

"SEC. 408. Subject to such rules and regulations as the Commission may prescribe, a copy of all written agreements and a written statement of all oral agreements for coordinated planning or operation of bulk power supply facilities (including but not limited to agreements for joint ownership of such facilities) shall be lodged with the Commission by or on behalf of the persons participating in such agreement. Copies of each agreement and statement shall be kept available for public inspection at the Commission's office and at some convenient place to be designated by the Commission within each region affected.

"RELIABILITY STANDARDS

"SEC. 409. Upon the recommendation of a regional council or upon its own motion, and after consultation with the regional councils, and after public notice and opportunity to comment, the Commission shall promulgate regula tions setting forth reasonable criteria of national or regional applicability under which owners and operators of bulk power supply facilities shall plan and oper ate such facilities to increase and improve their reliability.

"EXTRA-HIGH-VOLTAGE FACILITIES: NOTICE OF PROPOSED CONSTRUCTION: SUSPENSION "SEC. 410. (a) Subject to such rules and regulations as the Commission may prescribe, any person proposing the construction, extension, or modification of extra-high-voltage facilities shall file with the Commission its proposal which shall include a map and specific information as to the routing of the proposed line or location of the proposed plant and such other information as the Com mission may require to enable it to determine to what extent the proposed con struction, extension, or modification of such facilities and the operation thereof is consistent with plans developed by the affected regional council or regional councils as such plans may have been modified by the Commission and with the objectives of this part. The filing shall state whether the proponent elects to seek right-of-way pursuant to section 411 of this part. Copies of each such pre posal and all amendments thereto filed with the Commission shall be kept avail able for public inspection at the Commission's office and at some convenient place to be designated by the Commission within each region affected. The Commis sion shall cause notice of each such proposal and any material change therein