(a)
Definition of electric utility or person
In this section, the term “electric utility or person” means an electric utility or person that—
(1)
as of August 8, 2005, holds firm transmission rights pursuant to contract or by reason of ownership of transmission facilities; and
(2)
is located—
(A)
in the Pacific Northwest, as that region is defined in section
839a of this title; or
(B)
in that portion of a State included in the geographic area proposed for a regional transmission organization in Commission Docket Number RT01–35 on the date on which that docket was opened.