POWER Up Act
- Sponsor
- Sen. Lummis, Cynthia M. [R-WY]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Jun 17, 2026
Bottom line
This bill grants FERC explicit authority over the interconnection of large energy consumers to the wholesale grid, aiming to enhance grid reliability and ensure fair transmission service.
What it actually does
This bill clarifies and expands the Federal Energy Regulatory Commission's (FERC) jurisdiction to explicitly include the interconnection of "large load facilities" (defined as having 100 megawatts or greater projected peak electricity demand) directly to the interstate electric transmission grid. It mandates FERC to establish standardized interconnection procedures and agreements for these facilities, including those that combine large load and generation, while explicitly preserving state and local authority over siting, permitting, and retail rates.
Proponents argue
Proponents argue that clarifying FERC's jurisdiction is essential for maintaining the reliability and stability of the bulk-power system, especially with the increasing demand from large data centers, industrial facilities, and other significant energy users. They contend that a consistent federal approach will streamline interconnection processes, prevent undue discrimination, and ensure that the costs and impacts of these large loads are appropriately managed across the interstate grid.
Opponents contend
Opponents might argue that this bill represents an overreach of federal authority into areas traditionally managed by states or local utilities, potentially complicating existing regulatory frameworks. They may express concerns that a federal mandate could impose one-size-fits-all solutions that do not adequately account for unique regional grid conditions or state energy policies, potentially leading to increased costs or delays for certain projects.
The bill text is short and relatively straightforward, allowing for quick comprehension of its core provisions.
Section 2, amending Federal Power Act Section 201(h)(2)(A)
Federal Jurisdiction over Large Load Interconnection
This provision explicitly states that the Federal Energy Regulatory Commission (FERC) will have authority over how large electricity-consuming facilities connect to the main interstate power grid. This means FERC will oversee the technical and contractual aspects of connecting facilities like data centers or large industrial plants that draw significant power directly from the wholesale transmission system.
Supporters argue
Supporters argue that federal oversight is crucial for ensuring the reliability of the bulk-power system, as large loads can significantly impact grid stability. They contend that a consistent, nationwide approach under FERC will prevent a patchwork of state-level rules that could hinder efficient grid operation and fair access.
Critics contend
Critics might argue that this federalizes an area that could be adequately managed by state public utility commissions or regional entities, potentially leading to less flexible or responsive regulation that doesn't account for local conditions. They may also raise concerns about potential delays in project development due to new federal processes.
Tradeoffs
The bill balances the need for consistent federal oversight to ensure grid reliability and non-discriminatory access with potential concerns about federal preemption of state or local control over energy infrastructure.
Section 2, amending Federal Power Act Section 201(h)(1)(B)
Defining Large Load Facilities
This provision defines a "large load facility" as any single facility or group of facilities under common ownership/control at a single or contiguous site, with a projected peak electricity demand of 100 megawatts (MW) or greater. It also grants FERC the authority to adjust this 100 MW threshold through future rulemaking if necessary to ensure grid reliability and just transmission service.
Section 2, amending Federal Power Act Section 201(h)(3)
Standardized Interconnection Procedures Rulemaking
This section requires FERC to issue a final rule within 18 months of the bill's enactment. This rule must establish standardized procedures and agreements for the interconnection of large load facilities, including specific provisions for "hybrid facilities" that combine large load and generation at a single connection point, and a test for transmission facilities to aid in their interconnection.
Section 2, amending Federal Power Act Section 201(h)(4)
Safeguarding State and Local Authority
This provision explicitly states that nothing in the new federal jurisdiction over large load interconnection affects the existing authority of any State or local government. This includes their powers over the siting, permitting, or construction of any facility, retail electric service or rates, facilities used in local distribution, or the generation of electric energy.
This clause specifies that the interconnection of large load facilities will be treated as a component of "open access transmission service."
Section 2, amending Federal Power Act Section 201(h)(2)(B)(ii)
Why it matters:This is standard legislative drafting, using established legal terminology to define the regulatory framework. It's not intentionally evasive but requires specialized knowledge.
Case for: Supporters would argue that explicitly linking large load interconnection to open access transmission service ensures that these facilities receive non-discriminatory treatment and are subject to the same principles of fairness and transparency that apply to generators connecting to the grid. This promotes efficient grid use.
Case against: No direct opposition is typically raised against this specific technical framing, as it aligns with existing FERC principles for grid access. However, some might argue that applying generation-focused open access principles directly to loads might require careful adaptation to avoid unintended consequences or inefficiencies.
Estimated impact: Ensures large load facilities are integrated into the existing non-discriminatory framework for transmission access, affecting how costs are allocated and how queue positions are managed.