S. 4806

[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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