Federal Legislation

 

TAPS has been active before Congress on behalf of transmission-dependent utilities since before 1992, when it was very active in efforts to mold and pass the Energy Policy Act of 1992. For the first time, this Act gave the FERC clear authority to order private transmission owners to provide access to transmission-dependent utilities, marketers and others. TAPS was the primary advocate for transmission-dependent systems in the legislative debate.

TAPS lobbyists worked hard on the language on what are now Sections 211 and 212 of the Federal Power Act (FPA) and got crucial language changed on transmission pricing that would have undercut the just and reasonable standard. TAPS members were critical in shaping the Senate colloquy language on non-discriminatory transmission access, which supported FERC's adoption of its standard requiring “comparable” access.

During that congressional debate, TAPS was one of the four or five key participants in the negotiations to add a regional transmission group (RTG) provision in the bill. Other participants were the Large Public Power Council and EEI, who were allied, independent power producers, DOE and FERC. While an RTG provision ultimately was not enacted in the 1992 Act, the negotiations provided the impetus for FERC to issue a policy promoting RTGs and then to move to the concept of independent system operators (ISOs) and regional transmission organizations (RTOs). The 1992 Act resulted in FERC requiring all private utilities to provide transmission service to transmission-dependent utilities, marketers and others.

TAPS later engaged in multi-year lobbying efforts leading up to passage of the Energy Policy Act of 2005, which was signed into law on August 5, 2005.  In that debate, TAPS was one of the lead advocates for inclusion of the Native Load/Service Obligation provision designed to protect existing transmission rights of all load serving entities, whether transmission owners or transmission dependent utilities, and to facilitate the planning and expansion of the grid to meet their needs and enable them to obtain long term transmission rights for long term power supply arrangements.  TAPS also was a leader in the broad coalition of public and private utilities, large customers, independent transmission companies and others that successfully opposed language that would mandate “participant funding” of transmission upgrades.  Other provisions of EPAct 2005 on which TAPS focused include transparency, enhanced merger review authority, a prohibition against market manipulation, and (as discussed in the Reliability page below) mandatory reliability standards.

TAPS is currently engaged in the debate over proposed changes in transmission planning, siting and cost allocation policies that are included in H.R. 2454, the Waxman-Markey comprehensive climate change and energy bill, and S. 1462, the bill passed by the Senate Energy and Natural Resources Committee.  As part of that debate, TAPS is also participating in an industry-wide coalition to address cyber security threats to the bulk power system.  TAPS’ positions on those bills are further described in the 2009 Legislative Activities page and the Position Paper linked on the TAPS homepage.

TAPS' legislative successes come from hard work, member grassroots advocacy and coalition building.  Over the years, TAPS members have testified before numerous House and Senate Committees in legislative and oversight hearings.  TAPS meets regularly with leaders in Congress and their staff, and with representatives of individual TAPS members.  TAPS also meets regularly with FERC Commissioners and staff, and with officials at the Department of Energy and other relevant federal agencies.

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