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RTOs themselves do not have the ability to construct transmission <br />facilities, so they must rely on their member transmission owners <br />("TOs"). These TUs have in some cases challenged their RT'O's ability <br />to require thorn to build. Thee have manv reasons of their o~~~n to be <br />unenthusiastic about constructing the transmission facilities needed ro <br />alleviate congestion, including pricing structures that impact the cost. <br />of serving their own loads, and, in some instances, protecting their <br />own generation from wholesale competition.8 <br />Sorne RTO transmission-planning regimes separately identify <br />Rather than pigeon-holing _ those transmission facilities needed for "reliabilit}'" purposes and <br />newtrallsmissionrtaeilities those needed for "economic" purposes. "Reliability" is defined <br />8S needed forelther _ such that so long as sufficient generation (no matter how high <br />reliability Or economic the price) is a.°ailable to keep the lights on, new transmission <br />purposes, the foCUS facilities are not deemed w be needed. This means that all <br />Should be On hoW t11UCh additional transmission facilities are deemed t~,~ be "economic" <br />in nature. Labeling specific transmission facilities upgrades as <br />transmission is required <br />both to keep the lights "economic" can in turn lead to controversies as to who should <br />pay for their construction. <br />on and. to keep rates to <br />COnSUmerS at just and Rather than pigeon-holing new transmission facilities as needed <br />reaSOnable IeYeIS. for either reliability or economic purposes, the focus should be <br />ou how much transmission is required both to keep the lights <br />on and to keep rates to consumers at just and reasonable levels. Instead <br />of leaving most transmission construction to the vagaries of the "market,"~ <br />(~ootnote corati~2zeed from previous ~iage) <br />sufficient generation and transmission are built in California, what seems <br />to be lacking is a formal mechanism to plough back `congestion revenues' <br />earned under the nodal pricing scheme back into the system as new generation <br />or transmission. In its absence, itwould require a regtilatory fiat to build assets <br />at the right location. Many stakeholders argue that if a regulatory fiat is to be <br />used, there may be no need for nodal pricing and CRI2s in the first place."). <br />8 To be sure, the process for siting and constructing transmission facilities can <br />be both daunting and uncertain. The necessary approvals must be obtained <br />from state or local authorities, and landowners and residents located near a <br />proposed line corridor oaten vigorously oppose such approvals or demand <br />expensive alterations (including undergrounding). Siting of interstate <br />facilities continues to be a contentious issue in some regions. <br />`~ :~PP.~ notes that PJb'I, as instructed by FERC in its orders in Docket Nos. <br />RTO1-2-00(l, et seg., has modified its transmission planning regime to add a <br />new procedure to enable the construction of new transmission facilities <br />Restructuring at the Crossroads: FERC Electric Policy Reconsidered 11 <br />