; and (B) provide a reasonable opportunity by notice in the Federal Register to persons who are not named as parties or interveners to the covered civil action to comment in writing. (c) Consideration of public comment An agency seeking to enter a covered consent decree or settlement agreement shall promptly consider any written comments received under subsection (b)(2)(B) and may withdraw or withhold consent to the proposed consent decree or settlement agreement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with any provision of law. II Modernizing permitting laws 201. Transmission (a) Construction permit Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection (b) and inserting the following: (b) Construction permit Except as provided in subsections (d)(1) and (i), the Commission may, after notice and an opportunity for hearing, issue 1 or more permits for the construction or modification of electric transmission facilities necessary in the national interest if the Commission finds that— (1) (A) a State in which the transmission facilities are to be constructed or modified does not have authority to— (i) approve the siting of the facilities; or (ii) consider the interstate benefits or interregional benefits expected to be achieved by the proposed construction or modification of transmission facilities in the State; (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