,,ii #aaith ,,congress #b;d ,session ,s4 #eaii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbf,mr4 ,heinrich introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,federal ,power ,act to clarify the jurisdiction of the ,federal ,energy ,regulatory ,commission over the interconnection of large loads to the transmission system1 to provide for standards and procedures for the interconnection of large loads1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,guarding ,ratepayers from ,increased ,demand-costs ,savings ,act of #bjbf or the ,,grid ,savings ,act of #bjbf4 #b4 ,large load interconnection 7a7 ,in general ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding at the end the following3 #bbd4 ,large load interconnection 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a74 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,covered large load 7,a7 ,in general ,the term covered large load means a new or expanded nonresidential electric load1 or a group of such loads under common ownership1 control1 or affiliation at a single site or at contiguous or adjacent sites sharing electric infrastructure 7including phased development71 that has an aggregate requested or projected peak electric demand of not less than #aej megawatts behind a single point of interconnection4 7,b7 ,combined configurations ,a load or group of loads described in subparagraph 7,a7 shall be a covered large load without regard to whether it is proposed to be interconnected1 studied1 or served in combination with #a or more generation or energy storage resources1 and peak electric demand shall be measured without reduction for any such resource4 7#d7 ,covered large-load customer ,the term covered large-load customer means a person that owns1 controls1 or operates a covered large load4 7#e7 ,dedicated resource ,the term dedicated resource means a new or incremental generation resource1 energy storage resource1 or enforceable flexibility arrangement1 including a resource located behind the meter of1 co-located with1 or proximate to and electrically deliverable to the applicable covered large load1 that is dedicated to the covered large load and subject to #a or more enforceable1 metered commitments4 7#f7 ,direct ,assignment ,facility ,the term ,direct ,assignment ,facility means a facility1 or any portion of a facility1 that is-- 7,a7 constructed for the sole use or benefit of a particular covered large-load customer2 7,b7 classified as a ,direct ,assignment ,facility under the applicable tariff or service agreement accepted or approved by the ,commission1 consistent with the definition of the term ,direct ,assignment ,facilities in the pro forma open access transmission tariff established by the ,commission under section #ce4bh of title #ah1 ,code of ,federal ,regulations 7or a successor regulation71 as adapted by the ,commission for covered large loads2 and 7,c7 specified as a ,direct ,assignment ,facility in the applicable tariff or service agreement accepted or approved by the ,commission4 7#g7 ,interconnection ,facility ,the term ,interconnection ,facility means a facility classified as an ,interconnection ,facility under the applicable tariff or service agreement accepted or approved by the ,commission1 consistent with the definition of the term ,interconnection ,facilities in the standard interconnection procedures and agreements established by the ,commission under section #ce4bh of title #ah1 ,code of ,federal ,regulations 7or a successor regulation71 as adapted by the ,commission for covered large loads4 7#h7 ,network upgrade ,the term ,network ,upgrade means an addition1 modification1 or upgrade to the transmission system of a transmitting utility1 at or beyond the point at which the ,interconnection ,facilities for a covered large load connect to that system1 that is required to accommodate the interconnection of1 or transmission service to serve1 the covered large load1 consistent with the definition of the term ,network ,upgrades in the standard interconnection procedures and agreements established by the ,commission under section #ce4bh of title #ah1 ,code of ,federal ,regulations 7or a successor regulation71 as adapted by the ,commission for covered large loads4 7#i7 ,stand ,alone ,network ,upgrade ,the term ,stand ,alone ,network ,upgrade means a ,network ,upgrade classified as a ,stand ,alone ,network ,upgrade under the applicable tariff or service agreement accepted or approved by the ,commission1 consistent with the definition of the term ,stand ,alone ,network ,upgrades in the standard interconnection procedures and agreements established by the ,commission under section #ce4bh of title #ah1 ,code of ,federal ,regulations 7or a successor regulation71 as adapted by the ,commission for covered large loads4 7b7 ,jurisdiction over large load interconnection 7#a7 ,in general ,the ,commission shall have jurisdiction over the interconnection of any covered large load to #a or more facilities used for the transmission of electric energy in interstate commerce4 7#b7 ,treatment ,the interconnection described in paragraph 7#a7 shall be-- 7,a7 subject to the requirements of this section and sections #bje and #bjf2 and 7,b7 considered to be a component of open access transmission service4 7#c7 ,included matters ,the jurisdiction of the ,commission under paragraph 7#a7 includes-- 7,a7 flexible interconnection service1 subject to enforceable operating limits2 7,b7 provisional or phased interconnection service2 and 7,c7 the study and interconnection1 separately or together1 of a covered large load and any associated generation1 energy storage1 or verifiable load flexibility1 including a dedicated resource4 7c7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,commission shall issue a final rule1 applicable to each transmitting utility1 establishing standards and procedures for the interconnection of covered large loads4 7#b7 ,inclusions ,the rule under paragraph 7#a7 shall include pro forma provisions and regionally tailored requirements4 7#c7 ,threshold criteria ,the rule under paragraph 7#a7 shall establish criteria and procedures for determining whether a load or group of loads is a covered large load4 7d7 ,required standards and procedures ,the rule issued under subsection 7c7 shall establish standards and procedures governing each of the following3 7#a7 ,study process ,timelines1 readiness requirements1 and study procedures for interconnection requests for covered large loads that-- 7,a7 protect other customers from the costs of speculative or duplicative requests2 7,b7 7i7 identify reasonable alternatives1 including the services and configurations described in subsection 7b77#c7 and advanced transmission technologies2 7ii7 present the alternatives1 with estimated costs and schedules1 to the covered large-load customer2 and 7iii7 permit the covered large-load customer to elect among the alternatives in accordance with the applicable tariff2 and 7,c7 provide for the services and configurations described in subsection 7b77#c71 at the election of the covered large-load customer1 where consistent with reliable operation of the bulk-power system4 7#b7 ,classification and allocation of transmission costs 7,a7 ,classification ,criteria and procedures governing the classification of facilities as ,interconnection ,facilities1 ,direct ,assignment ,facilities1 ,network ,upgrades1 or ,stand ,alone ,network ,upgrades for a covered large load1 consistent with the definitions in subsection 7a71 with each classification supported by the record of the applicable study4 7,b7 ,interconnection and direct assignment facilities ,a requirement that-- 7i7 each applicable tariff or service agreement identify the ,interconnection ,facilities and ,direct ,assignment ,facilities for a covered large load2 and 7ii7 #ajj percent of the costs of those facilities be-- 7,i7 directly assigned to1 and fully borne by1 the applicable covered large-load customer2 and 7,,ii7 paid or secured as provided under paragraph 7#c74 7,c7 ,network upgrades ,costs of ,network ,upgrades shall be allocated to covered large-load customers1 and those costs shall be credited back against transmission service charges1 in a manner that is consistent with the standard interconnection procedures and agreements established by the ,commission under section #ce4bh of title #ah1 ,code of ,federal ,regulations 7or a successor regulation71 as adapted by the ,commission for covered large loads4 7,d7 ,option to build ,a covered large-load customer may elect to construct its own ,network ,upgrades and ,interconnection ,facilities under an option to build1 in a manner that is consistent with the standard interconnection procedures and agreements established by the ,commission under section #ce4bh of title #ah1 ,code of ,federal ,regulations 7or a successor regulation71 as adapted by the ,commission for covered large loads4 7#c7 ,payment and financial security 7,a7 ,in general ,requirements for-- 7i7 the payment of costs allocated to a covered large-load customer2 and 7ii7 financial security designed to protect any customer from unrecovered costs if a covered large load fails to proceed or perform4 7,b7 ,requirements ,the provision of financial security described in subparagraph 7,a77ii7 shall not alter the final allocation of costs4 7#d7 ,transparency ,disclosure to the applicable covered large-load customer1 each applicable ,state commission1 and the ,commission of-- 7,a7 the classification of1 estimated and final costs of1 allocation of costs for1 and method of cost recovery for the facilities associated with a covered large load2 and 7,b7 the alternatives evaluated1 subject to appropriate protection of critical electric infrastructure information 7as defined in section #bae;,a7a774 7#e7 ,reliability ,standards to ensure that the interconnection of covered large loads is consistent with current and future reliability standards 7as defined in section #bae7;a774 7e7 ,voluntary ,funding of ,regional and ,interregional ,facilities 7#a7 ,in general ,except as provided in paragraph 7#b71 nothing in this section alters the allocation of the costs of transmission facilities selected in a regional or interregional transmission plan under a planning process accepted or approved by the ,commission4 7#b7 ,voluntary funding ,the ,commission shall include in the rule issued under subsection 7c7 a mechanism to allow a covered large-load customer to voluntarily fund all or a portion of a transmission facility selected in a regional or interregional transmission plan under a planning process accepted or approved by the ,commission that plans for the transmission needs of anticipated load growth in exchange for a ,commission-defined right to transmission service enabled by the funded facility1 subject to the conditions that such funding-- 7,a7 shall reduce the costs otherwise allocated pursuant a regional or interregional cost allocation method accepted or approved by the ,commission2 7,b7 shall not impact whether the transmission facility is selected under the rules of the ,commission2 and 7,c7 except as provided in subparagraph 7,a71 shall not impact how the costs of the transmission facility are allocated under the rules of the ,commission4 7f7 ,savings provisions 7#a7 ,commission authority2 pending proceedings ,nothing in this section-- 7,a7 limits or impairs any authority of the ,commission under any other provision of law2 or 7,b7 affects any proceeding pending before1 or any order issued by1 the ,commission before the date of enactment of this section4 7#b7 ,,ercot ,this section does not apply to ,,ercot or an ,,ercot utility 7as those terms are defined in section #bab7k77#b77 with respect to the transmission of electric energy occurring wholly within ,,ercot4 4 7b7 ,conforming amendments ,section #bja of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in the first sentence1 by striking and #bbb and inserting #bbb1 and #bbd2 and 7,b7 in the second sentence1 by striking or #bbb and inserting #bbb1 or #bbd2 and 7#b7 in subsection 7e7-- 7,a7 by striking #bjf7;f712 and 7,b7 by striking or #bbb and inserting #bbb1 or #bbd4