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