SenateS. 4806119th Congress

POWER Up Act

Full Text

Official text as published. Use Ctrl+F / Cmd+F to search within the document.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4806 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 4806

 To clarify that the interconnection of large load facilities directly 
     to facilities used for the transmission of electric energy in 
interstate commerce is a matter within the jurisdiction of the Federal 
                     Energy Regulatory Commission.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2026

  Ms. Lummis introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To clarify that the interconnection of large load facilities directly 
     to facilities used for the transmission of electric energy in 
interstate commerce is a matter within the jurisdiction of the Federal 
                     Energy Regulatory Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Oversight of Wholesale 
Energy Reliability Act'' or the ``POWER Up Act''.

SEC. 2. CLARIFICATION OF FEDERAL JURISDICTION OVER LARGE LOAD 
              INTERCONNECTION.

    Section 201 of the Federal Power Act (16 U.S.C. 824) is amended by 
adding at the end the following:
    ``(h) Jurisdiction Over Large Load Interconnection.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Commission.--The term `Commission' means the 
                Federal Energy Regulatory Commission.
                    ``(B) Large load facility.--
                            ``(i) In general.--The term `large load 
                        facility' means any facility, or group of 
                        facilities described in clause (ii), the 
                        projected aggregate peak electricity demand of 
                        which is 100 megawatts or greater, subject to 
                        clause (iii).
                            ``(ii) Group of facilities described.--A 
                        group of facilities referred to in clause (i) 
                        is a group of facilities--
                                    ``(I) under common ownership or 
                                control; and
                                    ``(II) located at--
                                            ``(aa) a single site; or
                                            ``(bb) contiguous sites.
                            ``(iii) Adjustment.--The Commission may, by 
                        rule, adjust the projected aggregate peak 
                        electricity demand at which a facility, or a 
                        group of facilities described in clause (ii), 
                        will be considered to be a large load facility, 
                        as the Commission determines to be necessary to 
                        ensure--
                                    ``(I) the reliability of the bulk-
                                power system (as defined in section 
                                215(a)); and
                                    ``(II) the provision of just, 
                                reasonable, and not unduly 
                                discriminatory or preferential 
                                transmission service.
            ``(2) Jurisdiction over interconnection.--
                    ``(A) In general.--The Commission shall have 
                jurisdiction over the interconnection of any large load 
                facility to 1 or more facilities used for the 
                transmission of electric energy in interstate commerce.
                    ``(B) Treatment.--The interconnection of a large 
                load facility as described in subparagraph (A) shall 
                be--
                            ``(i) subject to the requirements of this 
                        section, section 205, and section 206; and
                            ``(ii) considered to be a component of open 
                        access transmission service.
            ``(3) Rulemaking.--Not later than 18 months after the date 
        of enactment of this subsection, the Commission shall issue a 
        final rule establishing--
                    ``(A) standardized procedures and agreements for 
                the interconnection of large load facilities, including 
                procedures for hybrid facilities that combine large 
                load and generation at a single point of 
                interconnection; and
                    ``(B) a test for transmission facilities to aid in 
                the interconnection of large load facilities and 
                transmission facilities, including transmission lines.
            ``(4) Preservation of state authority.--Nothing in this 
        subsection affects the authority of any State or local 
        government over--
                    ``(A) the siting, permitting, or construction of 
                any facility;
                    ``(B) retail electric service or rates;
                    ``(C) facilities used in the local distribution of 
                electric energy; or
                    ``(D) the generation of electric energy.''.
                                 <all>