[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3947 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3947
To amend the Federal Power Act to establish a categorical exclusion for
reconductoring within existing rights-of-way, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2026
Mr. McCormick (for himself and Mr. Welch) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Federal Power Act to establish a categorical exclusion for
reconductoring within existing rights-of-way, 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 ``Reconductoring Existing Wires for
Infrastructure Reliability and Expansion Act'' or the ``REWIRE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced transmission conductor.--The term ``advanced
transmission conductor'' means a conductor, including a carbon
fiber conductor, a composite core conductor, a superconductor,
and any other conductor, that--
(A) has a direct current electrical resistance at
least 10 percent lower than a traditional ACSR
conductor of a similar diameter and weight;
(B) has a potential energy carrying capacity at
least 70 percent greater than a traditional ACSR
conductor of a similar diameter and weight; and
(C) has a coefficient of thermal expansion at least
50 percent lower than a traditional ACSR conductor of a
similar diameter and weight.
(2) ASCR conductor.--The term ``ASCR conductor'' means an
aluminum conductor steel-reinforced cable.
(3) Bulk-power system.--The term ``bulk-power system'' has
the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(4) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(5) Effective load carrying capability; elcc.--
(A) In general.--The term ``effective load carrying
capability'' or ``ELCC'' means the ability of a
generating resource to produce electricity when the
grid needs it, measured as the additional load (or
perfect replacement capacity) that the system can
supply with a particular generator of interest with no
net change in reliability.
(B) Clarification.--The additional load (or perfect
replacement capacity) referred to in subparagraph (A)--
(i) may be measured using LOLE, EUE, or
other metrics; and
(ii) may be divided by the nameplate
capacity of the generating resource to yield a
percentage.
(6) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given the term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(7) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(8) Expected unserved energy; eue.--The term ``expected
unserved energy'' or ``EUE'' means the cumulative amount of
energy (in megawatt-hours) per year that is not provided to
customers due to outages.
(9) Grid-enhancing technology.--The term ``grid-enhancing
technology'' means any hardware or software that--
(A) increases the capacity, efficiency,
reliability, resilience, or safety of transmission
facilities and transmission technologies; and
(B) is installed in addition to transmission
facilities and transmission technologies--
(i) to give operators of the transmission
facilities and transmission technologies more
situational awareness and control over the
electric grid;
(ii) to make the transmission facilities
and transmission technologies more efficient;
or
(iii) to increase the transfer capacity of
the transmission facilities and transmission
technologies.
(10) 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).
(11) Integrated resource planning.--The term ``integrated
resource planning'' means modeling and evaluating how projected
long-term electricity demands (such as electricity demands over
periods of 5, 10, 20, or more years) within a service area can
be met with a combination of electric generation resources that
best achieve desired metrics, such as metrics relating to
reliability, resilience, and cost.
(12) Loss of load expectation; lole.--
(A) In general.--The term ``loss of load
expectation'' or ``LOLE'' means the expected number of
days per year that the available generation capacity is
less than the system load for the applicable power grid
region or service area.
(B) Clarification.--As of November 2023, a commonly
acceptable value for loss of load expectation is 0.1
days per year, as described in the standard of the
North American Electric Reliability Corporation
entitled ``Planning Resource Adequacy Analysis,
Assessment and Documentation'' and numbered BAL-502-RF-
03.
(13) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(14) Planning reserve margin.--
(A) In general.--The term ``planning reserve
margin'' means the quotient, expressed as a percentage,
obtained by dividing--
(i) the difference between--
(I) deliverable electric system
supply capacity for a power grid region
or service area; and
(II) net demand in that power grid
region or service area; by
(ii) net demand in that power grid region
or service area.
(B) Clarification.--As of November 2023, a reserve
margin falling within the range from 15 percent to 25
percent is typical for a power grid region or service
area.
(15) Power grid.--The term ``power grid'' means that
portion of an Interconnection (as defined in section 215(a) of
the Federal Power Act (16 U.S.C. 824o(a))) that is located
within the United States, including the relevant portion of
each of the following:
(A) The Eastern Interconnection.
(B) The Western Interconnection.
(C) The Texas Interconnection.
(16) Power grid region.--The term ``power grid region''
means a geographic area--
(A) located within a power grid; and
(B) for which a regional entity (as defined in
subsection (a) of section 215 of the Federal Power Act
(16 U.S.C. 824o)) has enforcement authority under that
section.
(17) Probabilistic modeling.--
(A) In general.--The term ``probabilistic
modeling'' means a modeling approach that uses
statistics to simulate and quantify the likelihood of
achieving desired metrics, taking into consideration
all modeled uncertainties, for determination of the
optimal resource portfolio, such as a modeling approach
consistent with the document of the North American
Electric Reliability Corporation entitled
``Probabilistic Assessment Technical Guideline
Document'' and dated August 2016, including the
recommendations described in that document.
(B) Inclusion.--The term ``probabilistic modeling''
includes modeling that can identify the most important
parameters that impact a simulated metric for further
characterization or optimization.
(18) 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).
(19) Reliability standard.--The term ``reliability
standard'' has the meaning given the term in section 215(a) of
the Federal Power Act (16 U.S.C. 824o(a)).
(20) Resource adequacy.--The term ``resource adequacy''
means the adequate supply and provision of electricity from
various electric generation resources to meet projected
electricity demands in a particular power grid region or
service area.
(21) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(22) Service area.--The term ``service area'' means the
area or region served by--
(A) an electric utility;
(B) a Regional Transmission Organization; or
(C) an Independent System Operator.
(23) State regulatory authority.--The term ``State
regulatory authority'' has the meaning given the term in
section 3 of the Federal Power Act (16 U.S.C. 796).
SEC. 3. CATEGORICAL EXCLUSION FOR RECONDUCTORING.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by inserting after section 216 the following:
``SEC. 216A. GRID CAPACITY EXPANSION IN EXISTING RIGHTS-OF-WAY.
``(a) Definition of Previously Disturbed or Developed.--In this
section, the term `previously disturbed or developed' has the meaning
given the term in section 1021.102(g)(1) of title 10, Code of Federal
Regulations (or a successor regulation).
``(b) Establishment of Categorical Exclusion.--Activities to
increase the capacity of the electric grid within existing rights-of-
way or on previously disturbed or developed land are a category of
actions designated as being categorically excluded from the preparation
of an environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(c) Inclusions.--The activities to which the categorical
exclusion established by subsection (b) shall apply include any repair,
maintenance, replacement, upgrade, modification, optimization, or minor
relocation of, addition to, or addition of energy storage at or near,
an existing electric transmission or distribution facility or
associated infrastructure, including electrical substations, within an
existing right-of-way or on otherwise previously disturbed or developed
land, including reconductoring and installation of grid-enhancing
technologies.''.
SEC. 4. RETURN ON EQUITY FOR ADVANCED TRANSMISSION CONDUCTORS.
Section 219 of the Federal Power Act (16 U.S.C. 824s) is amended--
(1) in subsection (a), by striking ``Not later than 1 year
after the date of enactment of this section, the'' and
inserting ``The'';
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``issued under subsection (a)'' after
``rule'';
(3) in subsection (c)--
(A) in the second sentence, by striking ``The
Commission'' and inserting the following:
``(2) Recoverable costs.--The Commission''; and
(B) in the first sentence, by striking ``In the
rule issued under this section'' and inserting the
following:
``(1) In general.--In the rule issued under subsection
(a)'';
(4) in subsection (d), by striking ``All rates approved
under the rules adopted pursuant to this section, including any
revisions to the rules, are'' and inserting ``Any rate approved
under a rule issued pursuant to this section (including a
revision to a rule) shall be''; and
(5) by adding at the end the following:
``(e) Advanced Transmission Conductors.--
``(1) Return on equity.--Not later than 1 year after the
date of enactment of the REWIRE Act, the Commission shall
promulgate new, or revise existing, rules under this section to
improve the return on equity for investments in advanced
transmission conductors (as defined in section 2 of that Act).
``(2) Consumer protections.--The Commission shall ensure
that all rates approved under the rules promulgated or revised
under this subsection (including any subsequent revisions to
those rules) are just and reasonable and not unduly
discriminatory or preferential, as required by subsection
(d).''.
SEC. 5. STATE ENERGY PROGRAMS.
Section 362(c)(7)(B) of the Energy Policy and Conservation Act (42
U.S.C. 6322(c)(7)(B)) is amended by inserting ``, including
reconductoring with advanced transmission conductors (as defined in
section 2 of the REWIRE Act) and the installation of grid-enhancing
technologies (as defined in that section)'' before the semicolon at the
end.
SEC. 6. NATIONAL LABORATORY MODELING AND EVALUATION PROGRAM.
(a) In General.--The Secretary, acting through 1 or more National
Laboratories, in consultation with the Commission and the Electric
Reliability Organization, shall establish a program to model and
evaluate the performance of the electric grid.
(b) Requirements.--In carrying out the program established under
subsection (a), the Secretary shall develop 1 or more probabilistic
models for transmission planning, resource adequacy modeling, and
integrated resource planning that--
(1) reflect the specific needs, resources, and attributes
of a given power grid region or service area;
(2) ensure consistent methods based on best practices;
(3) include consideration of uncertainties relating to--
(A) transmission systems and infrastructure;
(B) the impact of weather (such as the impact of
temperature on transmission facilities, including line
ratings);
(C) congestion and thermal overload; and
(D) the costs of new or modified transmission
infrastructure, including reconductoring with advanced
transmission conductors and the deployment of grid-
enhancing technologies; and
(4) include consideration of other relevant transmission
uncertainties, including those which may be unique to a given
power grid region or service area, as determined by the
Secretary in consultation with the Commission.
(c) Use of Modeling.--The Secretary shall ensure that the models
developed pursuant to the program established under subsection (a) may
be used, at a minimum--
(1) to simulate and quantify desired metrics, taking into
consideration the relevant uncertainties described in
paragraphs (3) and (4) of subsection (b), which may be used to
assist in transmission planning and the determination of the
optimal resource portfolio for the applicable power grid region
or service area, including--
(A) loss of load expectation;
(B) expected unserved energy;
(C) effective load carrying capability (also known
as ``capacity value'');
(D) planning reserve margin;
(E) electricity transmission losses;
(F) congestion; and
(G) cost;
(2) to identify the parameters and processes considered
under subsection (b) that--
(A) have the most impact on the magnitude or
uncertainty of the applicable simulated metrics; and
(B) can be further characterized or optimized to
improve the modeling and determination of the optimal
resource portfolio and transmission system for the
applicable power grid region or service area; and
(3) to identify areas where the deployment of advanced
transmission technologies, such as advanced transmission
conductors or grid-enhancing technologies, may improve electric
grid performance.
(d) Regional Collaboratives.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary shall establish regional
collaboratives between the National Laboratories and
institutions of higher education.
(2) Considerations.--The Secretary shall, to the maximum
extent practicable, prioritize establishing regional
collaboratives under paragraph (1) that--
(A) are between regional institutions of higher
education and National Laboratories that are owned and
operated by the Federal Government;
(B) include institutions of higher education with
existing demonstration capability, such as field-scale
systems of not less than 100 kilovolt-amperes or
laboratory capabilities of not less than 10 kilovolt-
amperes, to support technology validation, utility
adoption, industry engagement, and workforce
development;
(C) demonstrate rural grid planning models
(including transmission and distribution co-simulation
and digital twin capabilities); or
(D) utilize existing active data sharing and joint
modeling programs between institutions of higher
education and participating utilities at a statewide
scale.
SEC. 7. TECHNICAL ASSISTANCE RELATING TO THE USE OF ADVANCED
TRANSMISSION CONDUCTORS.
(a) Definitions.--In this section:
(1) Developer.--The term ``developer'' means a developer of
electric transmission facilities or technologies that pays to
install a high-voltage transmission conductor.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a developer;
(B) an electric utility;
(C) a State;
(D) a Regional Transmission Organization or
Independent System Operator; or
(E) any other relevant entity, as determined by the
Secretary.
(b) Technical Assistance and Application Guide.--
(1) Application guide.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall establish an
application guide for eligible entities seeking to implement--
(A) advanced transmission conductors, including
through reconductoring with advanced transmission
conductors; and
(B) grid-enhancing technologies.
(2) Updates.--The guide established under paragraph (1)
shall be reviewed and updated annually.
(3) Technical assistance.--
(A) In general.--On request of an eligible entity
using the guide established under paragraph (1), the
Secretary shall provide technical assistance to that
eligible entity with respect to the use of advanced
transmission conductors and grid-enhancing technologies
for particular applications.
(B) Clearinghouse.--In carrying out subparagraph
(A), the Secretary shall establish a clearinghouse of
previously completed projects that the Secretary and
eligible entities may use to identify issues and
solutions relating to--
(i) the use of advanced transmission
conductors;
(ii) reconductoring with advanced
transmission conductors; and
(iii) the use of grid-enhancing
technologies.
<all>
REWIRE Act
#3947 | S Congress #119
Policy Area: Energy
Subjects:
Last Action: Read twice and referred to the Committee on Energy and Natural Resources. (2/26/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text