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Grid Connection and Congestion Management Act
Introduced Jul 16, 2026 · Last action Jul 16, 2026 — Read twice and referred to the Committee on Energy and Natural Resources.
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Summary
This legislation is called the Grid Connection and Congestion Management Act. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5008 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5008
To require Regional Transmission Organizations and Independent System
Operators administering an open access transmission tariff to offer
basic access service for energy-only delivery, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2026
Mr. Heinrich introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require Regional Transmission Organizations and Independent System
Operators administering an open access transmission tariff to offer
basic access service for energy-only delivery, and for other purposes.
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 ``Grid Connection and Congestion
Management Act''.
SEC. 2. BASIC ACCESS SERVICE FOR ENERGY-ONLY DELIVERY.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 224. BASIC ACCESS SERVICE FOR ENERGY-ONLY DELIVERY.
``(a) Definitions.--In this section:
``(1) Basic access service for energy-only delivery.--The
term `basic access service for energy-only delivery' means
interconnection service that permits a generating facility to
interconnect and inject at the point of interconnection up to
the level approved through an evaluation described in
subsection (d)(1), subject to that evaluation and the
conditions described in subsection (f).
``(2) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(3) Deliverability.--The term `deliverability' means the
ability of a generating facility to deliver electric energy to
load, market, or transmission service points without
congestion-related curtailment.
``(4) Generating facility.--The term `generating facility'
means a device of an interconnection customer for the
production or storage of electricity, as identified in an
interconnection request submitted under a Commission-
jurisdictional tariff.
``(5) Interconnection customer.--The term `interconnection
customer' means any person that proposes to interconnect a
generating facility with the transmission system of a Regional
Transmission Organization or Independent System Operator.
``(6) Open access transmission tariff.--The term `open
access transmission tariff' means a tariff providing for
transmission service that complies with the provisions of
section 35.28 of title 18, Code of Federal Regulations (or a
successor regulation).
``(7) Reliability standard.--The term `reliability
standard' has the meaning given the term in section 215(a).
``(8) Transmission system.--The term `transmission system'
means the facilities of a Regional Transmission Organization or
Independent System Operator that are used to provide wholesale
transmission services.
``(b) Unjust and Unreasonable Practices.--
``(1) In general.--Subject to paragraph (2), beginning 1
year after the date of enactment of this section, it shall be
unjust and unreasonable within the meaning of sections 205 and
206 for any Regional Transmission Organization or Independent
System Operator to maintain rates, terms, or conditions of
service that do not provide for basic access service for
energy-only delivery.
``(2) Effect of timely tariff filing.--If a Regional
Transmission Organization or Independent System Operator
submits a tariff filing by the applicable deadline under
subsection (c), including any extended deadline under paragraph
(3) of that subsection, paragraph (1) shall apply to that
Regional Transmission Organization or Independent System
Operator beginning on the later of--
``(A) the date described in paragraph (1); and
``(B) the date on which the Commission accepts the
filing or fixes rates, terms, and conditions of service
under subsection (j).
``(c) Tariff Filings.--
``(1) In general.--Subject to paragraph (3), not later than
180 days after the date of enactment of this section, each
Regional Transmission Organization and Independent System
Operator shall submit to the Commission pursuant to section 205
conforming revisions to the open access transmission tariff of
the Regional Transmission Organization or Independent System
Operator to offer basic access service for energy-only
delivery.
``(2) Requirements.--Revisions to an open access
transmission tariff under paragraph (1) shall--
``(A) establish a study process, including proposed
timelines under subsection (i), for evaluating requests
for basic access service for energy-only delivery
meeting the requirements of subsections (d) and (h);
``(B) grant interconnection rights in accordance
with subsection (e);
``(C) condition service only to the extent
permitted under subsection (f); and
``(D) provide a pathway to transition from basic
access service for energy-only delivery to other types
of interconnection service offered by the Regional
Transmission Organization or Independent System
Operator, in accordance with subsection (g).
``(3) Extension.--On a showing of good cause, the
Commission may extend by not more than 180 days the deadline
for submission of revisions under paragraph (1) by 1 or more
Regional Transmission Organizations or Independent System
Operators.
``(d) Evaluation of Request.--
``(1) In general.--The evaluation of a request for basic
access service for energy-only delivery shall--
``(A) consist of only the set of steady-state
(thermal and voltage), short-circuit, stability
analysis, and facilities studies, as provided for under
section 35.28 of title 18, Code of Federal Regulations
(or a successor regulation) (and the corresponding
generator interconnection procedures), that are
necessary to determine whether additional transmission
facilities or upgrades to existing transmission
facilities are needed to reliably interconnect a new or
modified generating facility to the transmission system
of the applicable Regional Transmission Organization or
Independent System Operator in compliance with
applicable reliability standards; and
``(B) reflect the expected operating
characteristics of the generating facility, including
any operating limits, curtailment provisions, or
modifications to the generating facility proposed or
agreed to by the interconnection customer.
``(2) Findings.--
``(A) In general.--An evaluation under paragraph
(1) shall identify--
``(i) the maximum level of injection at the
point of interconnection that can be
accommodated without additional transmission
facilities or upgrades to existing transmission
facilities;
``(ii) any additional transmission
facilities or upgrades to existing transmission
facilities necessary to accommodate injection
above the level identified under clause (i), up
to the level requested by the interconnection
customer; and
``(iii) each constraint assumed under
paragraph (4) to be managed through operational
measures.
``(B) Election.--An interconnection customer may
elect to receive basic access service for energy-only
delivery--
``(i) at the level identified under
subparagraph (A)(i) without additional
transmission facilities or upgrades; or
``(ii) at a higher approved level, subject
to subsection (f)(2).
``(3) Deliverability limitation.--
``(A) In general.--The evaluation described in
paragraph (1) shall not be used to identify facilities
or upgrades, or require the construction of facilities,
for the purpose of--
``(i) enabling the deliverability of
electric energy from the generating facility to
load, market, or transmission service points;
or
``(ii) ensuring that the generating
facility will not experience congestion-related
curtailment.
``(B) Incidental effects on deliverability or
congestion-related curtailment.--Nothing in
subparagraph (A) prohibits the identification of
facilities or upgrades that--
``(i) are necessary to reliably
interconnect a generating facility in
compliance with applicable reliability
standards; and
``(ii) may have incidental effects on
deliverability or congestion-related
curtailment.
``(4) Operationally manageable constraints.--An evaluation
under paragraph (1)--
``(A) shall assume that a constraint identified in
the evaluation will be managed through operational
measures, including redispatch, curtailment, operating
limits, and remedial action schemes; and
``(B) may identify facilities or upgrades for a
constraint only to the extent that operational measures
cannot maintain compliance with applicable reliability
standards.
``(5) Study timelines.--The applicable Regional
Transmission Organization or Independent System Operator shall
establish procedures to complete the evaluation of a request
for basic access service for energy-only delivery not later
than 1 year after the date on which the request is submitted.
``(e) Interconnection Rights.--Basic access service for energy-only
delivery shall be subject to operating limits, curtailment provisions,
and the terms of the applicable interconnection agreement, so long as
those limits, provisions, and terms are not unjust, unreasonable, or
unduly discriminatory or preferential.
``(f) Conditions of Service.--
``(1) Congestion-related curtailment.--Basic access service
for energy-only delivery may be subject to congestion-related
curtailment, including curtailment associated with constraints
identified in the evaluation under subsection (d)(1).
``(2) Upgrade identification and cost responsibility.--
Construction and cost responsibility for basic access service
for energy-only delivery shall be limited to facilities or
upgrades identified as necessary through the evaluation under
subsection (d)(1), unless such identification is based solely
on the facility or upgrade--
``(A) increasing deliverability;
``(B) reducing congestion-related curtailment; or
``(C) satisfying a deliverability, capacity
deliverability, or congestion-impact screen not
required for the evaluation under subsection (d)(1).
``(g) Transition Path.--An interconnection customer receiving basic
access service for energy-only delivery may transition to any other
interconnection service, including network resource interconnection
service--
``(1) under the process and terms provided to
interconnection customers that are not receiving basic access
service for energy-only delivery; and
``(2) without forfeiting the right to continue operating
under this section until the applicable generating facility
begins receiving any other interconnection service.
``(h) Independent Study Election.--
``(1) In general.--An interconnection customer requesting
basic access service for energy-only delivery may elect to have
the evaluation described in subsection (d)(1) conducted
independently of any grouped study process, such as a cluster
study that evaluates many interconnection requests
simultaneously.
``(2) Limitation.--A Regional Transmission Organization or
Independent System Operator may not--
``(A) condition the availability of basic access
service for energy-only delivery on participation in a
grouped study process described in paragraph (1);
``(B) make the evaluation or provision of basic
access service for energy-only delivery contingent on
the completion of any grouped study process described
in that paragraph, including any interconnection study
process of the Regional Transmission Organization or
Independent System Operator used for other types of
interconnection service; or
``(C) delay the commencement or completion of an
evaluation described in subsection (d)(1) pending the
commencement or completion of any grouped study process
described in paragraph (1).
``(3) Permitted conditions.--In order to facilitate the
evaluation and interconnection of interconnection customers
requesting basic access service for energy-only delivery in a
manner that does not slow the completion of any grouped study
process described in paragraph (1), a Regional Transmission
Organization or Independent System Operator may condition the
basic access service for energy-only delivery for that
interconnection customer on--
``(A) curtailment by the interconnection customer
to mitigate system impacts revealed in the evaluation
carried out pursuant to subsection (d)(1); or
``(B) modifications to the generating facility
proposed by the interconnection customer to be
interconnected to the transmission system of the
Regional Transmission Organization or Independent
System Operator to mitigate or avoid those impacts.
``(i) Study Timelines.--Each tariff filing under subsection (c)
shall include--
``(1) proposed timelines for completing the evaluation
under subsection (d)(1); and
``(2) supporting information that--
``(A) demonstrates that those timelines are
reasonable; and
``(B) accounts for the scope of review needed to
reliably interconnect a generating facility under that
subsection.
``(j) Commission Action on Tariff Proposals.--
``(1) In general.--Not later than 180 days after the filing
of a tariff proposal under subsection (c), the Commission
shall--
``(A) accept the filing, if the Commission
determines that the filing complies with this section
and is otherwise just, reasonable, and not unduly
discriminatory or preferential; or
``(B) fix such rates, terms, and conditions of
service as the Commission determines to be just,
reasonable, not unduly discriminatory or preferential,
and in compliance with this section.
``(2) Timelines.--In carrying out paragraph (1), the
Commission may accept, reject, or modify a proposed timeline in
the tariff proposal.
``(k) Commission Establishment of Pro Forma Tariff.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Commission shall revise the
pro forma open access transmission tariff to integrate basic
access service for energy-only delivery into that pro forma
tariff in a manner that meets the requirements of this section.
``(2) Variation.--The Commission may permit a Regional
Transmission Organization or Independent System Operator to
seek variation from the pro forma tariff revised under
paragraph (1) to the extent that the variations--
``(A) are consistent with or superior to the pro
forma tariff; and
``(B) meet all requirements of this section.
``(3) Effect of acceptance of tariff.--Acceptance by the
Commission of a tariff proposal submitted under subsection (c)
shall not, on its own, establish compliance with the
requirements of the pro forma open access transmission tariff
revised under paragraph (1).
``(4) Commission authority.--In revising the pro forma open
access transmission tariff under paragraph (1), the Commission
may establish--
``(A) benchmark timelines, timeline-review
standards, and best practices for completing the
evaluation under subsection (d)(1), including standards
for modifying timelines established pursuant to this
section;
``(B) standards for transparency with respect to
constraints identified under subsection (d), including
the operational measures and operating limits
applicable to basic access service for energy-only
delivery; and
``(C) any other process or policy that is at least
as stringent as the requirements of this section.
``(l) Complaints.--
``(1) In general.--The Commission shall act on the merits
of any complaint filed pursuant to section 206 alleging
noncompliance with this section not later than 180 days after
the date on which the complaint is filed.
``(2) Consolidation.--To maximize administrative
efficiency, the Commission may consolidate and act on related
complaints with respect to a given Regional Transmission
Organization or Independent System Operator.
``(m) Severability.--If any provision of this section, or the
application of any provision of this section to any person or
circumstance, is held invalid, the remainder of this section, and the
application of the provisions of this section to any other person or
circumstance, shall not be affected.''.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Heinrich, Martin [D-NM-1]DHouseNM
Cosponsors
No cosponsors on record.
Votes
Voting records are not yet available for this bill.