H.R. 5154

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5154 Introduced in House (IH)]

<DOC>

118th CONGRESS
1st Session
H. R. 5154

To require the Federal Energy Regulatory Commission to promulgate 
regulations with respect to regional and interregional transmission 
planning, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

August 4, 2023

Ms. Ocasio-Cortez (for herself, Mr. Casar, Mr. Levin, Mr. Tonko, Mr. 
Bowman, Mr. Huffman, Ms. Norton, Ms. Tlaib, Mr. Espaillat, Mr. Frost, 
Ms. Schakowsky, Mr. Vargas, Ms. Castor of Florida, Ms. Jayapal, Mr. 
Cleaver, Mr. Robert Garcia of California, Mr. Blumenauer, Ms. Omar, Mr. 
Grijalva, Ms. Pressley, Ms. Balint, Mr. Goldman of New York, Ms. 
Barragan, Mr. Jackson of Illinois, Ms. Crockett, Mr. Johnson of 
Georgia, Mrs. Foushee, and Ms. Lofgren) introduced the following bill; 
which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To require the Federal Energy Regulatory Commission to promulgate 
regulations with respect to regional and interregional transmission 
planning, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Connecting Hard-to-reach Areas with 
Renewably Generated Energy Act of 2023'' or the ``CHARGE Act of 2023''.

SEC. 2. FINDINGS.

Congress finds that--
(1) current transmission planning is fractured across many 
jurisdictions, prioritizes incumbent entities and highly 
localized transmission, and fails to identify cost-effective 
solutions for 21st century needs;
(2) the historical structure, regulations, and incentives 
of the electric power system lead to under-planning and under-
investment in the regional and interregional transmission lines 
that are needed for a reliable and resilient grid;
(3) much of the existing transmission infrastructure of the 
United States is in need of significant upgrade or replacement;
(4) the energy sector of the United States is at a critical 
juncture, with a rapidly changing power generation mix and new 
public policy mandates;
(5) it is imperative to proactively plan for electricity 
transmission in the future, including by taking into account 
long-term changes to demand and load growth;
(6) renewable energy resources must be incorporated into 
the grid efficiently in order to meet State and Federal 
decarbonization goals;
(7) the public desires, and has a right to, electricity 
data that are transparent, organized, and accessible;
(8) having reliable and diverse sources of electricity 
generation is a foundational need for the entire economy;
(9) climate change has increased the frequency and 
intensity of severe weather events that affect the grid;
(10) it is in the national interest to implement policies 
that provide effective electric infrastructure to save 
consumers money, avoid preventable damage, ensure energy 
reliability, and save lives;
(11) the Federal Government has a responsibility to combat 
rising transmission costs and ensure customers receive just and 
reasonable rates for electricity;
(12) industry experience, scientific studies, and modern 
examples of reformed electricity transmission provide 
confidence that new public policies and regulatory guidance 
will achieve more efficient and beneficial planning than the 
status quo; and
(13) there is increasing opportunity for public, Tribal, or 
rural cooperative development of transmission due to the 
recently established direct-pay incentives under section 6417 
of the Internal Revenue Code of 1986, enacted by section 13801 
of Public Law 117-169 (commonly known as the ``Inflation 
Reduction Act of 2022'') (136 Stat. 2003).

SEC. 3. DEFINITIONS.

In this Act:
(1) Commission.--The term ``Commission'' means the Federal 
Energy Regulatory Commission.
(2) Independent system operator.--The term ``Independent 
System Operator'' has the meaning given the term in section 3 
of the Federal Power Act (16 U.S.C. 796).
(3) Interconnection customer.--The term ``interconnection 
customer'' means an individual or entity that has submitted to 
the owner or operator of a transmission facility or 
transmission system a request to interconnect a generation 
project or energy storage project that is subject to the 
jurisdiction of the Commission.
(4) Interregional transmission planning process.--The term 
``interregional transmission planning process'' means a joint 
process by transmission providers in 2 or more adjacent 
transmission planning regions to evaluate electric energy 
transmission needs.
(5) Load-serving entity.--The term ``load-serving entity'' 
has the meaning given the term in section 217(a) of the Federal 
Power Act (16 U.S.C. 824q(a)).
(6) Regional transmission organization.--The term 
``Regional Transmission Organization'' has the meaning given 
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(7) Transmission facility.--The term ``transmission 
facility'' means a facility that is used for the transmission 
of electric energy in interstate commerce.
(8) Transmission planning region.--The term ``transmission 
planning region'' means a region for which electric energy 
transmission planning is appropriate, as determined by the 
Commission, such as a region established pursuant to the 
guidance contained in the final rule of the Commission entitled 
``Transmission Planning and Cost Allocation by Transmission 
Owning and Operating Public Utilities'' (76 Fed. Reg. 49842 
(August 11, 2011)).
(9) Transmission provider.--The term ``transmission 
provider'' means a public utility (as defined in section 201(e) 
of the Federal Power Act (16 U.S.C. 824(e))) that owns, 
operates, or controls 1 or more transmission facilities.

SEC. 4. TRANSMISSION PLANNING AND COST ALLOCATION.

(a) Rulemaking.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall promulgate a final rule 
that--
(1) establishes transmission planning processes and cost-
allocation processes that--
(A) ensure that transmission providers--
(i) engage in interregional transmission 
planning processes and interconnection-wide 
transmission planning processes, in conjunction 
with transmission planning processes within 
transmission planning regions;
(ii) harmonize interregional transmission 
planning processes and interconnection-wide 
transmission planning processes with other 
regional transmission planning processes, such 
as by using a joint model on a consistent 
timeline with a unified set of minimum 
requirements regarding needs, input 
assumptions, and benefit metrics;
(iii) include as part of planning and cost-
allocation processes the use of grid-enhancing 
transmission technologies and alternative 
transmission technologies that increase 
delivery of power over transmission networks, 
including, at a minimum--
(I) dynamic line ratings;
(II) topology optimization;
(III) power flow control;
(IV) advanced conductors and 
superconductors; and
(V) storage-as-transmission;
(iv) conduct interregional and 
interconnection-wide planning regularly and not 
less frequently than once every 5 years;
(v) conduct interregional and 
interconnection-wide planning based on a range 
of possible future load and generation 
scenarios; and
(vi) are required to incorporate in a 
transmission planning process the full scope of 
benefits of transmission investment, including, 
at a minimum--
(I) reduced costs of electric 
energy to customers, including reduced 
costs associated with lower quantities 
of necessary capacity, ancillary 
services, and reserve margins;
(II) access to resources in 
neighboring transmission planning 
regions;
(III) the transmission of renewable 
energy or the ability of renewable 
energy to connect to the grid;
(IV) improvements in reliability, 
resilience, and flexibility of the 
grid, including, at a minimum--
(aa) reduced loss of load 
probability;
(bb) increased resource 
diversity;
(cc) increased climate 
hardening; and
(dd) increased ability to 
maintain functionality during 
regionally appropriate weather 
conditions and severe weather 
scenarios;
(V) leveraging resources across 
climatological patterns or time zones 
to account for resource availability 
and weather patterns;
(VI) avoidance, to the maximum 
extent practicable, of sensitive 
environmental areas and cultural 
heritage sites;
(VII) reasonable and economical use 
of existing rights-of-way;
(VIII) market facilitation 
benefits, including, at a minimum, 
increased competitiveness, liquidity, 
and integrity of broader geographic 
markets;
(IX) avoided costs and deferred 
cost savings, including reduced 
generation costs and reduced future 
transmission investment costs;
(X) the integration of grid-
enhancing technologies;
(XI) meeting local, State, and 
Federal policy goals, including goals 
established in decarbonization, 
climate, and clean energy laws 
(including regulations);
(XII) protections to maintain just 
and reasonable rates for customers; and
(XIII) any other production costs 
savings or other economic benefits from 
proposed transmission projects;
(B) require that regional and interregional cost-
allocation methodologies allocate costs on the basis of 
the multiple benefits described in subclauses (I) 
through (XIII) of subparagraph (A)(vi);
(C) incorporate a 10- to 20-year future resource 
mix for each load-serving entity and State;
(D) ensure that local or regional transmission 
planning processes do not impair interregional and 
interconnection-wide transmission planning processes;
(E) require transmission providers to maximize the 
use of portfolio-based cost allocations;
(F) in cases in which costs and benefits are 
difficult to quantify, may allocate transmission 
investment costs among transmission system customers in 
proportion to--
(i) in the case of regional projects, the 
share of electricity of each customer in the 
region; or
(ii) in the case of interregional projects, 
the share of electricity of each customer in 
each applicable region; and
(G) to the extent practicable, prevent transmission 
providers from using cost-allocation methodologies 
that--
(i) discourage distributed generation, 
energy efficiency, demand response, or storage 
if more economic than transmission;
(ii) are constrained by consideration only 
of benefits that are easy to allocate; or
(iii) undermine previous cost-allocation 
agreements for projects already in operation; 
and
(2) allows a transmission developer of an interregional 
transmission project to submit to the Commission a request to 
recover all or a portion of the costs of the project under 
section 205 of the Federal Power Act (16 U.S.C. 824d) if--
(A) the project is selected through a transmission 
planning process that meets the criteria described in 
paragraph (1), in accordance with the transmission 
planning processes and cost-allocation processes 
established under that paragraph; or
(B) the transmission developer demonstrates to the 
satisfaction of the Commission that--
(i) the project connects more than 1 
transmission planning region; and
(ii) the benefits of the project 
substantially outweigh the costs of the project 
after accounting for any transmission projects 
developed pursuant to a transmission planning 
process that meets the criteria described in 
paragraph (1).
(b) Cost Recovery and Allocation Requirements.--
(1) Cost-benefit analysis.--In making a determination under 
subsection (a)(2)(B)(ii) of whether a transmission developer 
has demonstrated to the satisfaction of the Commission that the 
benefits of a project substantially outweigh the costs of the 
project, the Commission shall consider the benefits described 
in subsection (a)(1)(A)(vi).
(2) Allocation.--For transmission projects that meet the 
criteria of subparagraph (A) or (B) of subsection (a)(2), the 
Commission shall allocate the costs of those transmission 
projects to customers in the applicable regions that benefit 
from those projects--
(A) using the benefits described in subsection 
(a)(1)(A)(vi); or
(B) in cases in which those benefits are difficult 
to quantify, using the cost allocation methodology 
described in subsection (a)(1)(F).
(3) Savings provision.--Nothing in this section limits, or 
may be construed to limit, any rights of transmission 
developers to submit and have rates approved by the Commission 
pursuant to section 205 of the Federal Power Act (16 U.S.C. 
824d).
(c) Availability of Resource Plans.--The Commission may require a 
load-serving entity to make publicly available any applicable resource 
plans, including any plans relating to the requirement described in 
subsection (a)(1)(C), if, in the determination of the Commission, the 
plans are not adequately described in publicly stated plans in 
Securities and Exchange Commission filings, State agency filings, and 
power purchase contracts.
(d) Technical Conferences.--
(1) In general.--As part of the rulemaking process under 
subsection (a), the Commission may convene a technical 
conference to consider implementation details, as the 
Commission determines to be appropriate.
(2) Participation.--
(A) Leadership.--A technical conference convened 
under paragraph (1) may be led by the members of the 
Commission, subject to subparagraph (B).
(B) Required invitations.--On election under 
subparagraph (A) by members of the Commission to lead a 
technical conference, the Commission shall invite to 
participate in the technical conference representatives 
of residential ratepayers, transmission providers, 
environmental justice and equity groups, Tribal 
communities, Independent System Operators, Regional 
Transmission Organizations, consumer protection groups, 
renewable energy advocates, State utility commission 
and energy offices, and such other entities as the 
Commission determines to be appropriate.
(C) Timeline.--The Commission may establish and 
enforce a timeline for a technical conference convened 
under paragraph (1) that discourages actions by 
participants that may unnecessarily delay the 
conference.
(3) Public comment.--The Commission may provide an 
opportunity for public comment on the topics considered by a 
technical conference convened under paragraph (1).
(e) Office of Public Participation.--The Commission shall consult 
the Office of Public Participation during the rulemaking process under 
subsection (a), including with respect to--
(1) guidance on public participation requirements;
(2) communications with the public concerning transmission 
planning that may impact local communities and landowners, 
including Tribal, indigenous, and environmental justice 
communities; and
(3) minimum data transparency and access requirements.
(f) Joint Federal-State Task Force on Electric Transmission.--The 
Commission may consult the Joint Federal-State Task Force on Electric 
Transmission in any actions that--
(1) involve shared Federal and State regulatory authority 
and processes; or
(2) would benefit from a combined Federal and State 
perspective.

SEC. 5. INTERREGIONAL MINIMUM TRANSFER REQUIREMENTS.

(a) Electric Reliability.--Section 215(i)(2) of the Federal Power 
Act (16 U.S.C. 824o(i)(2)) is amended by striking ``or transmission''.
(b) Rulemaking.--
(1) In general.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall promulgate a final 
rule that establishes a minimum transfer capability that--
(A) shall govern minimum transfer requirements 
between transmission planning regions;
(B) achieves reliability and resilience standards 
during plausible extreme weather scenarios;
(C) optimizes efficiency of delivering renewable 
energy to demand centers; and
(D) incorporates the best available science 
relating to energy transmission, climatological 
patterns, climate change causes and impacts, grid 
reliability, and grid resiliency, including study 
results from the Department of Energy or National 
Laboratories (as defined in section 2 of the Energy 
Policy Act of 2005 (42 U.S.C. 15801)).
(2) Rates.--All rates associated with transmission 
facilities developed pursuant to the rule promulgated under 
paragraph (1) shall be subject to the requirements of sections 
205 and 206 of the Federal Power Act (16 U.S.C. 824d, 824e) 
that all rates, charges, terms, and conditions--
(A) shall be just and reasonable; and
(B) shall not be unduly discriminatory or 
preferential.

SEC. 6. DATA TRANSPARENCY.

Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 224. DATA TRANSPARENCY.

``(a) Data.--The Commission shall require all public utilities and 
other entities subject to the jurisdiction of the Commission to make, 
through coordination with the Environmental Protection Agency and an 
online database operated by the Administrator of the Energy Information 
Administration, hourly operating data transparent and accessible to the 
public, including original source data that--
``(1) are organized and easy to understand;
``(2) are centralized and provided in usable formats, 
including an application programming interface;
``(3) are available free of charge;
``(4) are published as close to real-time as is 
practicable;
``(5) include generation by fuel type;
``(6) include hourly marginal greenhouse gas emissions per 
megawatt-hour of electricity generated within the metered 
boundaries of each entity and for each specific electrical bus 
location on the grid where an injection or withdrawal of power 
is modeled (commonly known as a `pricing node'), subject to the 
condition that the marginal greenhouse gas emissions data made 
available pursuant to this paragraph shall be measured in the 
same time interval by which locational marginal price is 
measured at the same location, but in no case shall the 
interval by which marginal greenhouse gas emissions are 
measured for purposes of this paragraph be greater than hourly;
``(7) include congestion cost and the limiting elements 
that cause the congestion; and
``(8) include hourly locational data on generation 
curtailment and the reasons for that curtailment.
``(b) Commercial Products.--The Commission may identify and reduce 
regulatory barriers to the development of commercial products that use 
the data made publicly available under subsection (a) in order to 
provide verifiable emissions reductions, including short- and long-term 
nodal congestion products.
``(c) Appropriation.--In addition to amounts otherwise made 
available to the Administrator of the Energy Information 
Administration, there is appropriated to the Administrator of the 
Energy Information Administration for fiscal year 2024, out of any 
funds in the Treasury not otherwise appropriated, $10,000,000 to 
develop and operate the database described in subsection (a), to remain 
available until expended.''.

SEC. 7. STUDY ON METHODS OF ELECTRICITY PROCUREMENT AND DEVELOPMENT.

(a) In General.--Not later than 1 year after the date of enactment 
of this Act, the National Academies of Sciences, Engineering, and 
Medicine, in coordination with the Commission and the Department of 
Energy, shall conduct, and submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives and make available on a public 
website a report describing the results of, a study that identifies the 
potential benefits and other effects to consumers from--
(1) procuring generation from independent entities that are 
not utilities through a competitive process administered by--
(A) an Independent System Operator or a Regional 
Transmission Organization; or
(B) another independent entity; and
(2) generation and transmission that is financed, 
developed, or owned by--
(A) an entity described in subsection (b);
(B) any corporation that is wholly owned, directly 
or indirectly, by 1 or more entities described in that 
subsection; or
(C) cooperatives that furnish electricity to rural 
areas.
(b) Entity Described.--An entity referred to in subsection 
(a)(2)(A) is--
(1) the United States;
(2) a State;
(3) the District of Columbia;
(4) the Commonwealth of Puerto Rico;
(5) any other territory or possession of the United States;
(6) any political subdivision of an entity described in any 
of paragraphs (2) through (5);
(7) a Tribal government; or
(8) any agency, authority, or instrumentality of any 1 or 
more entities described in paragraphs (1) through (7).
(c) Considerations.--The study conducted under subsection (a) 
shall--
(1) take into consideration, at a minimum, potential 
benefits with respect to--
(A) cost savings;
(B) improved grid reliability and resilience; and
(C) greenhouse gas reductions;
(2) compare the potential benefits identified under 
paragraph (1) to the circumstances of consumers whose 
generation is not procured through a competitive process; and
(3) compare the potential benefits and effects identified 
under subsection (a)(2) to the circumstances of consumers whose 
generation and transmission is not financed and developed, 
directly or indirectly, by a public entity.
(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2024.

SEC. 8. STATE SUBSIDIES.

Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as 
amended by section 6) is amended by adding at the end the following:

``SEC. 225. STATE SUBSIDIES.

``In order to promote competition in wholesale markets, 
reliability, and affordability, the Commission shall not use offer-
price mitigation methods to counteract the effects of State subsidies 
for renewable energy resources.''.

SEC. 9. OFFICE OF TRANSMISSION.

Part III of the Federal Power Act is amended by inserting after 
section 317 (16 U.S.C. 825p) the following:

``SEC. 318. OFFICE OF TRANSMISSION.

``(a) Establishment.--There shall be established in the Commission 
an office, to be known as the `Office of Transmission' (referred to in 
this section as the `Office').
``(b) Director.--The Office shall be administered by a Director, 
who shall be appointed by the Chairman of the Commission.
``(c) Duties.--The Director of the Office shall--
``(1) review transmission plans submitted by public 
utilities in accordance with the regional and interregional 
transmission planning processes, including the processes 
established pursuant to section 206;
``(2) coordinate transmission-related matters of the 
Commission, as the Commission determines to be appropriate;
``(3) carry out the responsibilities of the Commission 
under section 216, in coordination with the Office of Energy 
Projects of the Commission;
``(4) review opportunities for innovation in transmission 
planning and operation, including deployment of grid-enhancing 
technologies, advanced conductors, and other approaches; and
``(5) provide oversight of transmission planning activities 
subject to the jurisdiction of the Commission.''.

SEC. 10. INTERCONNECTION.

Not later than 1 year after the date of enactment of this Act, the 
Commission shall promulgate regulations, or revise existing 
regulations--
(1) to prohibit a public utility from requiring an 
interconnection customer to exclusively or disproportionately 
fund, without reimbursement, the costs of any network upgrade 
identified as necessary for the interconnect request of the 
interconnection customer;
(2) to encourage cost-sharing models that reflect the broad 
set of benefits and beneficiaries for any network upgrades 
identified as needed in an interconnection or affected system 
study, subject to the requirement that the model adheres to any 
requirements established under paragraph (1); and
(3) to alleviate interconnection backlogs and reduce 
informational and procedural barriers in interconnection, which 
may include--
(A) the establishment of an interconnection 
analysis center within the Office of Transmission 
established under section 318 of the Federal Power Act; 
and
(B) consultation with staff and the use of other 
resources of the Department of Energy.

SEC. 11. INDEPENDENT TRANSMISSION MONITOR.

(a) In General.--Not later than 1 year after the date of enactment 
of this Act, for the purpose of monitoring the planning and operation 
of transmission facilities in transmission planning regions, the 
Commission shall--
(1)(A) require each transmission planning region to 
establish an independent entity to monitor the planning and 
operation of transmission facilities in the transmission 
planning region; and
(B) establish a council, to be known as the ``Council of 
Transmission Monitors''--
(i) to provide oversight of each independent entity 
established pursuant to subparagraph (A); and
(ii) to ensure interregional collaboration and 
consistency; or
(2) establish an independent entity to monitor the planning 
and operation of transmission facilities in all transmission 
planning regions.
(b) Role of Transmission Monitor.--An independent entity described 
in paragraph (1)(A) or (2) of subsection (a) shall, as applicable--
(1) review the operation of applicable transmission 
planning regions for inefficiency and practices that may lead 
to unjust and unreasonable rates;
(2) review costs of transmission facilities, including 
identifying inefficiencies among local, regional, and 
interregional planning;
(3) provide examples and advice to transmission providers 
on appropriate regional transmission operations, planning, and 
cost-allocation processes; and
(4) identify situations in which--
(A) nonwire alternatives may be more cost-effective 
than transmission;
(B) grid-enhancing technologies may be appropriate;
(C) high-capacity, interregional lines may be--
(i) more cost-effective; or
(ii) a more appropriate reliability and 
resilience alternative; or
(D) high-capacity regional lines may be more cost-
effective than local upgrades.

SEC. 12. ADVISORY COMMITTEE.

(a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall establish an advisory committee 
(referred to in this section as the ``committee'') to make 
recommendations regarding--
(1) oversight and governance of Independent System 
Operators or Regional Transmission Organizations;
(2) stakeholder participation best practices--
(A) that ensure transparency, accountability, 
independence, oversight, and fair representation;
(B) the purposes of which are to promote 
competition, reliability, and affordability in all 
transmission planning regions; and
(C) that include best practices relating to 
stakeholder disclosure of the impact of a proposed 
tariff reform on the company or client of the 
stakeholder prior to voting on the proposed tariff 
reform;
(3) enhancing transparency and open decisionmaking in 
regions not classified as Independent System Operators or 
Regional Transmission Organizations; and
(4) the requirements of governing boards within Independent 
System Operators or Regional Transmission Organizations.
(b) Representation.--The committee shall be composed of not more 
than 30 members, including--
(1) at least 2 representatives of end-use customers;
(2) at least 1 representative of transmission providers;
(3) at least 2 representatives of environmental justice and 
equity groups;
(4) at least 1 representative of Tribal communities;
(5) at least 1 representative of Independent System 
Operators;
(6) at least 1 representative of Regional Transmission 
Organizations;
(7) at least 1 representative of consumer protection 
groups;
(8) at least 2 representatives of renewable energy 
advocates;
(9) at least 1 representative of State commissions;
(10) at least 1 representative of public power entities;
(11) at least 1 representative of marketers; and
(12) at least 1 representative of generators.
(c) FACA Applicability.--Chapter 10 of title 5, United States Code 
(commonly referred to as the ``Federal Advisory Committee Act''), shall 
apply to the committee.

SEC. 13. RTO AND ISO GOVERNANCE.

(a) Stakeholder Processes.--
(1) Public voting.--Each vote cast by any party during a 
stakeholder process of a Regional Transmission Organization or 
Independent System Operator shall be made public.
(2) Public participation funding.--Not later than 180 days 
after the date of enactment of this Act, the Commission shall 
promulgate regulations requiring Regional Transmission 
Organizations and Independent System Operators to develop a 
process to provide intervenor compensation or other funding to 
assist with public interest participation in the stakeholder 
processes of the Regional Transmission Organization or 
Independent System Operator.
(3) Consumer organizations; membership fee waivers.--Not 
later than 18 months after the date of enactment of this Act, 
the Commission shall promulgate regulations requiring each 
Regional Transmission Organization and Independent System 
Operator--
(A) to grant full voting and participation rights 
for consumer organizations within stakeholder 
processes; and
(B) to consider membership fee waivers for 
stakeholder processes.
(b) Stakeholder Meetings.--
(1) Recording and transcription.--Each stakeholder meeting 
of a Regional Transmission Organization or Independent System 
Operator shall be recorded and transcribed, and the recording 
and transcription shall be made freely available to the public.
(2) Disclosure requirement.--
(A) In general.--An individual described in 
subparagraph (B) shall publicly disclose, at any 
stakeholder meeting of a Regional Transmission 
Organization or Independent System Operator that the 
individual attends or in which the individual otherwise 
participates--
(i) that the individual is attending or 
participating on behalf of a Regional 
Transmission Organization or Independent System 
Operator; and
(ii) the identity of that Regional 
Transmission Organization or Independent System 
Operator.
(B) Individual described.--An individual referred 
to in subparagraph (A) is any representative of a law 
firm or consulting firm, or any other agent, that is 
compensated to represent or advocate for the interests 
of a Regional Transmission Organization or Independent 
System Operator.
(c) Applicability of FOIA.--Section 552 of title 5, United States 
Code (commonly known as the ``Freedom of Information Act''), including 
any exceptions under that section, shall apply to the activities, 
records, and proceedings of each Regional Transmission Organization and 
Independent System Operator, including with respect to the operations 
of the Regional Transmission Organization or Independent System 
Operator.
(d) Limitations on Sponsorships.--Not later than 180 days after the 
date of enactment of this Act, the Commission shall promulgate 
regulations--
(1) to prohibit entities with interests in matters before a 
Regional Transmission Organization or Independent System 
Operator from serving as financial sponsors of special events 
or activities at Regional Transmission Organization or 
Independent System Operator meetings; or
(2) if the Commission determines appropriate, to establish 
disclosure requirements for entities with interests in matters 
before a Regional Transmission Organization or Independent 
System Operator that serve as financial sponsors of special 
events or activities at Regional Transmission Organization or 
Independent System Operator meetings.
(e) Boards of Directors.--
(1) Independent board.--Not later than 180 days after the 
date of enactment of this Act, the Commission shall promulgate 
regulations requiring, subject to exceptions defined by the 
Commission, that the board of directors of a Regional 
Transmission Organization or Independent System Operator be 
independent from, and not affiliated with, the members of the 
Regional Transmission Organization or Independent System 
Operator.
(2) Membership.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall promulgate 
regulations--
(A) requiring the board of directors of each 
Regional Transmission Organization and Independent 
System Operator to have members who have expertise and 
experience in representing consumers, including at 
least 1 member with expertise in the interests of 
retail residential consumers;
(B) establishing the number of members described in 
subparagraph (A) that shall be required on a board of 
directors described in that subparagraph in order to 
avoid marginalization of the perspectives and 
contributions of those members; and
(C) requiring each Regional Transmission 
Organization and Independent System Operator to 
designate at least 1 member of the board of directors 
of that Regional Transmission Organization or 
Independent System Operator who shall represent and be 
directly accountable, in such manner as the Commission 
determines to be appropriate, to the public interest 
within the geographic footprint of the Regional 
Transmission Organization or Independent System 
Operator.
(f) Employment and Compensation.--
(1) Revolving door prohibitions.--
(A) In general.--Not later than 180 days after the 
date of enactment of this Act, the Commission shall 
promulgate regulations requiring Regional Transmission 
Organizations and Independent System Operators to 
establish rules prohibiting the Regional Transmission 
Organization or Independent System Operator from 
employing, during the periods described in subparagraph 
(B), an individual who is or was an executive of a 
utility (commonly known as a ``revolving door 
prohibition'').
(B) Periods described.--The periods referred to in 
subparagraph (A) are--
(i) any period during which the individual 
is an executive of a utility; and
(ii) the 1-year period beginning on the 
date on which the employment of the individual 
as an executive of a utility ends.
(2) Compensation.--Not later than 180 days after the date 
of enactment of this Act, the Commission shall establish 
guidelines for executive compensation at Regional Transmission 
Organizations and Independent System Operators in order to 
limit excessive compensation of those executives.
(g) Enforcement.--The Commission shall enforce the requirements of 
this section using the authority of the Commission under sections 205 
and 206 of the Federal Power Act (16 U.S.C. 824d, 824e).

SEC. 14. INTERVENOR FUNDING AT OFFICE OF PUBLIC PARTICIPATION.

(a) In General.--Section 319(b)(2) of the Federal Power Act (16 
U.S.C. 825q-l(b)(2)) is amended--
(1) in subparagraph (A), by striking the comma and 
inserting a semicolon;
(2) by redesignating subparagraphs (A) and (B) as clauses 
(i) and (ii), respectively, and indenting the clauses 
appropriately;
(3) in the matter preceding clause (i) (as so 
redesignated), in the second sentence, by striking ``Such 
compensation'' and inserting the following:
``(B) Determinations required.--Compensation under 
this paragraph''; and
(4) by striking the paragraph designation and all that 
follows through ``by it,'' in the matter preceding subparagraph 
(B) (as so designated) and inserting the following:
``(2) Compensation.--
``(A) In general.--On making the determinations 
described in subparagraph (B) and in accordance with 
rules promulgated by the Commission, the Commission 
shall''.
(b) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall promulgate a final rule to provide 
compensation under paragraph (2) of section 319(b) of the Federal Power 
Act (16 U.S.C. 825q-1(b)) in accordance with the amendment made by 
subsection (a).

SEC. 15. APPROPRIATIONS.

In addition to amounts otherwise available, there is appropriated 
to the Commission for fiscal year 2024, out of any funds in the 
Treasury not otherwise appropriated, $200,000,000, to remain available 
until expended, to carry out--
(1) sections 4, 5, and 10; and
(2) the amendment made by section 9.
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