POWER Up Act

This Act may be cited as the Promoting Oversight of Wholesale Energy Reliability Act or the POWER Up Act.
Section 201 of the Federal Power Act (16 U.S.C. 824) is amended by adding at the end the following:
In this subsection:
The term Commission means the Federal Energy Regulatory Commission.
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).
A group of facilities referred to in clause (i) is a group of facilities—
under common ownership or control; and
located at—
a single site; or
contiguous sites.
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—
the reliability of the bulk-power system (as defined in section 215(a)); and
the provision of just, reasonable, and not unduly discriminatory or preferential transmission service.
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.
The interconnection of a large load facility as described in subparagraph (A) shall be—
subject to the requirements of this section, section 205, and section 206; and
considered to be a component of open access transmission service.
Not later than 18 months after the date of enactment of this subsection, the Commission shall issue a final rule establishing—
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
a test for transmission facilities to aid in the interconnection of large load facilities and transmission facilities, including transmission lines.
Nothing in this subsection affects the authority of any State or local government over—
the siting, permitting, or construction of any facility;
retail electric service or rates;
facilities used in the local distribution of electric energy; or
the generation of electric energy.