42 U.S.C. § 16441

Funding new interconnection and transmission upgrades

The Commission may approve a participant funding plan that allocates costs related to transmission upgrades or new generator interconnection, without regard to whether an applicant is a member of a Commission-approved Transmission Organization, if the plan results in rates that—

(1)

are just and reasonable;

(2)

are not unduly discriminatory or preferential; and

(3)

are otherwise consistent with sections 824d and 824e of title 16.

( Pub. L. 109–58, title XII, § 1242 , Aug. 8, 2005 , 119 Stat. 962 .)