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.