; (ii) will maximize, to the extent reasonable and economical, the use of— (I) existing facility sites; and (II) the transmission capabilities of existing electric transmission facilities; and (iii) will, to the extent practicable, minimize the use of eminent domain. (4) Rulemaking Not later than 18 months after the date of enactment of this section, the Commission shall issue regulations specifying— (A) a pre-filing process during which a person described in subsection (b)(1) and the Commission shall consult with— (i) the State commission for each State through which the applicable electric transmission facility will traverse; (ii) appropriate Federal agencies; (iii) each Indian Tribe that may be affected by the proposed project to construct, modify, or operate an electric transmission facility; and (iv) the appropriate Transmission Organization; (B) the form of, and information to be contained in, an application submitted under subsection (b)(1); (C) requirements for determining whether the applicable electric transmission facility will— (i) traverse not fewer than 2 States; (ii) be used for the transmission of electric energy in interstate commerce; and (iii) have a power capacity of not less than 1,000 megawatts; (D) criteria for determining the reasonable and economical use of— (i) existing rights-of-way; and (ii) the transmission capabilities of existing towers or structures; (E) the manner in which an application submitted under subsection (b)(1) shall be considered, which, to the extent practicable, shall be consistent with State statutory and regulatory policies concerning generation and retail sales of electricity in the States in which the electric energy transmitted by the electric transmission facility will be generated or sold