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In Response To DOE, FERC Initiates Large Load Interconnection Rulemaking
FERC released a Notice Inviting Comments in response to the DOE’s request to issue a notice of proposed rulemaking (ANOPR) and announced that comments are due on November 14, 2025, and reply comments are due on November 28, 2025. However, on November 7, 2025, in response to a motion requesting an extension of time, FERC extended the comment deadlines to November 21, 2025, for comments and December 5, 2025, for reply comments.
As previously reported on October 23, 2025, the U.S. Secretary of Energy Chris Wright wrote a letter directing FERC to initiate a proposed large load interconnection rulemaking. This letter also included the proposed ANOPR.
Specifically, the US Department of Energy (DOE) sent a letter instructing FERC to initiate a new rulemaking proceeding in order to “rapidly accelerate the interconnection of large loads.” According to DOE, the proposed rule would enable customers to file joint, co-located load and generation interconnection requests to FERC directly, in addition to reducing study times and grid update costs. The letter also points to the current regulatory regime as being somewhat dislocated: interconnection processes for new generating facilities are under FERC jurisdiction while the interconnection of large loads is conducted at the state level.
The ANOPR contends that FERC has jurisdiction over the interconnection of large loads to the transmission system arguing the following:
Large load interconnections are a “critical component of open access transmission service,” like electric generator interconnections standardized in Order No. 2003, that require minimum terms and conditions to ensure non-discriminatory transmission service.
Large load interconnections directly affect wholesale electricity rates, and Section 201 of the FPA has vested exclusive authority in FERC to ensure wholesale rates are just and reasonable and not unduly discriminatory or preferential.
The ANOPR does not impact state authority over retail electric rates because the proposal does not exert jurisdiction over any retail sales to the large load. Nothing in the ANOPR affects the expansion or modification of generation facilities, which is reserved to the states consistent with Section 201(b)(1) of the FPA.
FERC’s jurisdiction over large load interconnections is consistent with the FPA’s core purpose that FERC shall have exclusive jurisdiction over the transmission of electric energy in interstate commerce.
Docket No. RM26-4-000
