; (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) the proposed facilities will be used for the transmission of electric energy in interstate (including transmission from the outer Continental Shelf to a State) or foreign commerce; (3) the proposed construction or modification is consistent with the public interest; (4) the proposed construction or modification will— (A) significantly reduce transmission congestion in interstate commerce; and (B) protect or benefit consumers; (5) the proposed construction or modification— (A) is consistent with sound national energy policy; and (B) will enhance energy independence