Stat. 852, except that the detailed statements required by Section 102 (2) (c) thereof, where the certifying agency has followed a substantially comparable procedure, shall not be required for any Federal actions with respect to bulk power supply facilities which require a Certificate of site and facility pursuant to Section 6 of this Act;

(b) Nothing herein contained shall be construed to relieve any present or future requirement arising from any Federal law, which may be applicable to any natural person, artificial person, or interest of government, Federal or State, or to affect in any way the authority of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended, or the Federal Power Commission under the Federal Power Act of 1935, as amended.

SEC. 17. (a) Whoever:

(1) without first obtaining a Certificate of site and facility, commences to construct a bulk power supply facility after 24 months after the date of enactment of this Act; or

(2) having first obtained a Certificate of site and facility, constructs, operates or maintains a bulk power supply facility other than in compliance with the Certificate; or

(3) causes any of the aforementioned acts to occur; shall be liable to a civil penalty of not more than $10,000 for each violation or for each day of a continuing violation. The penalty shall be recoverable in a civil suit brought by the Attorney General on behalf of the United States in the United States District Court for the district in which the defendant is located or for the District of Columbia.

(b) Whoever knowingly and willfully violates subsection (a) shall be fined not more than $1,000 for each violation or for each day of a continuing violation, or imprisoned for not more than 1 year, or both.

(c) In addition to any penalty provided in subsections (a) or (b), whenever the Federal certifying agency determines that a person is violating or is about to violate any of the provisions of this section, the agency shall refer the matter to the Attorney General who may bring a civil action on behalf of the United States in the United States district court for the district in which the defendant is located or for the District of Columbia to enjoin the violation and to enforce the Act or an order or certificate issued hereunder, and upon a proper showing a permanent or preliminary injunction or temporary restraining order shall be granted without bond.

ANALYSIS OF THE POWER PLANT SITING ACT OF 1971

SECTION 1. Short title.

POLICY PREAMBLE

SEC. 2. Congressional findings and public policy reasons for this bill

to further national environmental policy set forth in National Environmental Policy Act of 1969;

to further national electric energy policy of the Federal Power Act; and

to act in the interests of the environment, interstate commerce, investors and consumers.

2(a). Finding that bulk power facilities needed for reliable power supply be constructed in a timely basis in consonance with environmental and natural resource values.

2(b). Determination that in order to meet objective of 2(a) utilities should engage in long-range planning and bodies should be established to certify bulk power facilities prior to construction.

2(c). Finding that the siting of bulk power facilities is a significant land use issue which should be resolved on a State or regional level. 2 d). Finding that Federal, regional and State authorities should act expeditiously in reviewing and certifying bulk power facilities. 2(e). Determination that Federal guidelines are needed for the Federal, regional, and State certifying agencies.

2(f). Determination that the long-range planning should be carried out through the National and regional reliability councils, which are voluntary groups open to all systems in the industry; and that these councils participate in the work of the FPC under Section 202(a) of the Federal Power Act.

2g). Determination that the Federal Government assist in the development of new siting approaches for power plants and in the multiple use of rights of way and facilities for other utilities and public

services.

DEFINITIONS

SEC. 3. Definition section covering particular terms used in the Bill. 3(a). Describes one of two types of regulated parties, "electric entities" which are all non-Federal systems which own or operate bulk power supply facilities"; "electric entities" include States, nicipals, individuals, corporations, cooperatives and any other types of organizations.

3(b). Describes the other type as "federal electric entity"; e.g., the Tennessee Valley Authority and the Bonneville Power Administration. 3(c). Identifies "bulk power supply facilities" as electric generating equipment of 300,000 kilowatts or more and transmission lines of 230 kilovolts and higher, together with associated facilities; but any

facilities licensed under Part I of the Federal Power Act shall not be subject to the jurisdiction of the certifying bodies established under this Act.

3(d). States that the "Federal certifying agency" will be such Federal agency, agencies or department as may be designated by the President (after its establishment it is intended that the Department of Natural Resources be designated the Federal certifying agency). 3(e). Identifies the State or regional agencies who may certificate sites and facilities.

3(f). Defines "regional" as two or more States.

3(g). Defines the "commencement of construction" in terms of site preparation which would adversely affect the natural environment but excludes temporary recreational use, preconstruction testing and monitoring to establish site suitability.

LONG-RANGE PLANNING

SEC. 4. Establishes a statutory requirement that all "electric entities and Federal electric entities" prepare coordinated regional long-range plans for bulk power supply facilities and that the plans be made available to government and the public.

4(a). Requires each "electric entity and Federal electric entity” prepare annually, long-range plans for bulk power facilities in accordance with FPC guidelines and permits these to be part of a single regional plan.

4(a)(1). Requires the plans to identify the general location, size, and type of facilities whose construction is to begin during the following 10 years or longer (not to exceed a total of 15 years) if determined to be necessary by the Federal certifying agency and also to indicate any facilities which may be removed from utility service during the period or as a result of the completion of the new facilities.

4(a)(2). Requires that the plans identify tentative alternative sites for power plants over 300,000 kilowatts and the general location of routes for transmission lines over 230 kilovolts at least 5 years in advance of construction and that they indicate the environmental effects and how potential adverse effects may be avoided or minimized. 4(a) (3). Requires that the plans indicate how the bulk power facilities are coordinated on a regional basis to meet the electric power needs of the region.

4(a) (4). Requires that the plans indicate how environmental protection and land-use planning agencies have been involved in the planning process to minimize environmental problems.

4(a)(5). Requires that the plans provide such additional information as the Federal certifying agency upon the advice of interested State and Federal agencies may prescribe.

4(b). Requires that each "electric entity and Federal electric entity" file annually, copies of the long-range plan, including projections of the electric demand they are intended to meet, with appropriate government agencies at the Federal, regional, State and local levels and with interested citizens groups requesting them.

CERTIFYING AGENCY JURISDICTION AND QUALIFICATION PROCEDURES

SEC. 5. Establishes a system for the certification of large electric power plants and high voltage transmission facilities-prior to their construction.

5(a). Affords the states an initial period of two years in which to establish a decision-making body at the State or regional level to certify the sites and related bulk power facilities of non-Federal utilities. These decision-making bodies would be either an existing agency of state government such as a natural resource agency or the public utility commission, or a newly created power plant siting agency or decision-making body.

Requires that the State or regional certifying agencies provide for the participation in the decision-making process by environmental protection, natural resource, planning and electric power service agencies of the State government and for participation by the public Requires that the State or regional certifying agencies be established and administered in accordance with the requirements of the Act and guidelines and any subsequent revisions thereto to be prepared and published in accordance with Section 9.

5(b). Provides for notice to the Federal certifying agency by the governor of each State which establishes a certifying agency, review of the authorities and procedures by the Federal certifying agency, and issuance of a Certificate of qualification of procedure if they are in compliance with the Act including the guidelines established in accordance with Section 9.

Requires the Federal certifying agency to revoke the Certificate of qualification if the State or regional certifying agency fails to observe the requirements of the Act.

Provides that the Certificate of qualification shall constitute conclusive evidence to exercise the provisions of Section 6.

5(c). Authorizes a Federal certification procedure applying Federal standards only with respect to electric entities in any State which does not establish and qualify its procedures within this two year period or has its qualification of procedure revoked; such Federal certification to continue in any State until the latter has a qualified certification procedure.

Authorizes transitional procedures which the Federal certifying agency may adopt in transferring pending matters to State or regional certifying agencies which so qualify.

5(d). Requires that the Federal certifying agency consult with the Governor of each affected State before denying or revoking a Certificate of qualification of procedure, affording the State time for responsive action.

5(e). Authorizes judicial review of the Federal certifying agency action denying a Certificate of qualification or revoking an effective certificate; jurisdiction being in the United States Court of Appeals, with venue stated; and provisions for subsequent judicial review by the United States Supreme Court.

CERTIFICATION, IMPLEMENTATION, ELECTRIC ENTITIES, AND FEDERAL

ELECTRIC ENTITIES

SEC. 6. Implements the certification requirements for bulk power supply facilities of all non-Federal and Federal electric systems by State, regional or Federal certifying agencies.

6a). Prohibits the commencement of construction or the beginning of operation of non-Federal bulk power supply facilities two years after enactment unless a certificate of site and facility is obtained from the qualified State or regional certifying agency or lacking such a uqalified agency from the Federal certifying agency.

Prohibits the commencement of construction or beginning of operation of Federal bulk power supply facilities two years after enactment unless a certificate of site and facility is obtained from the Federal certifying agency.

Requires that certified facilities be constructed, operated and maintained in accordance with the Certificate.

Establishes transitional certification requirements and procedures for facilities under construction two years from enactment providing that if sizeable investments applicable only to the site in question were already made certification would be granted if all necessary permits and licenses had been obtained prior to commencement of construction; and if no such investments were made that operation of these facilities may proceed pending certification subject to any reasonable actions or conditions later required by the certificating body.

Provides that facilities operational two years from enactment need not be certified, but that sizable additions thereto must be.

6(b). Requires that all applications for a certificate of site and facility be filed at least two years prior to the commencement of construction.

Establishes as a prerequisite for such filing that Federal and nonFederal electric entities comply with the long-range planning requirements of Section 4; that, except for good cause, the site chosen be from the list of approved sites in accordance with Section 8(c) and the transmission line routes follow the general routes identified in the long-range plans.

6(c). Expresses the intent of Congress that State, regional, or Federal certification proceedings be completed within the two year period prior to construction.

Requires that the Federal guidelines established in accordance with Section 9 facilitate a decision on applications for certification within 2 years.

Authorizes waiver of the certification requirements in Section 6 for good cause during the first 4 years after enactment.

States a statutory presumption that compliance with the longrange planning and filing requirements of Section 4 constitutes prima facie evidence of timely disclosure of construction plans for administrative and judicial proceeding.

6(d). Permits any non-Federal electric entity to petition the Federal certifying agency for a Certificate of site and facility if the qualified State or regional certifying agency fails to act in a timely manner on the application for that facility and if the adequacy and reliability of the regional bulk power supply system imperatively and unavoidably requires a decision;

Authorizes the Federal Power Commission to prescribe by regulation the factual bases upon which to determine whether circumstances require the Federal certifying agency to assume jurisdiction.

Requires that for the Federal certifying agency to assume jurisdiction the Federal Power Commission must first find that adequate and reliable regional bulk power supply will be materially impaired by reason of failure of State action upon a timely basis.

Directs the Federal certifying agency to accord priority consideration to such situations and to do so under the provisions of Section 7 applying only Federal standards.