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— (1) are just and reasonable; (2) are not unduly discriminatory or preferential; and (3) are otherwise consistent with sections 824d and 824e of title 16. ( Pub. L. 109–58, title XII, § 1242 , Aug. 8, 2005 , 119 Stat. 962 .) CFR Title Parts 18 385