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—
are just and reasonable;
are not unduly discriminatory or preferential; and
are otherwise consistent with sections 824d and 824e of title 16.
Pub. L. 109–58, title XII, § 1242119 Stat. 962 (, , .)