POWER Up Act

[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>