; (B) the applicant for a permit is a transmitting utility under this Act but does not qualify to apply for a permit or siting approval for the proposed project in a State because the applicant does not serve end-use customers in the State; or (C) a State commission or other entity that has authority to approve the siting of the facilities— (i) has not made a determination on an application seeking approval pursuant to applicable law by the date that is 1 year after the date on which the application was filed with the State commission or other entity; (ii) has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission capacity constraints or congestion in interstate commerce or is not economically feasible; or (iii) has denied an application seeking approval pursuant to applicable law. (2) Requirement The Commission may issue a permit under paragraph (1) only— (A) after the Commission— (i) makes a finding described in subparagraph (A), (B), or (C) of paragraph (1); (ii) makes all applicable findings and determinations necessary to establish that the applicable facility is a national interest electric transmission facility described in subparagraph (A) or (B) of subsection (a)(7); and (iii) provides notice and an opportunity for hearing with respect to the permit; and (B) if the applicant engages in the prefiling process with respect to the applicable facility. (3) Applications (A) In general An application for a permit under this subsection shall be made in writing to the Commission. (B) Rulemaking The Commission shall issue rules specifying— (i) the form of an application for a permit under this subsection; (ii) the information to be contained in the application