[USA] DOE interconnection proposal sparks concerns over federal-state jurisdiction

As of November 21, 2025, the National Association of Regulatory Utility Commissioners (NARUC) told the Federal Energy Regulatory Commission (FERC) that under the Federal Power Act, states have jurisdiction over retail load interconnections regardless of their size, as well as “end-use” electricity sales. [1] This comes after the Department of Energy’s (DOE) proposal sparked major jurisdictional concerns among federal regulators about setting rules for interconnecting data centers and other large loads to the transmission system. [2] NARUC asserted that regulating end-user load interconnections is outside FERC jurisdiction, in response to the DOE’s request that the commission set interconnection rules for large loads. [3] State regulators also raised concerns about who would take responsibility for reliability concerns if FERC’s jurisdiction expanded. The PJM Interconnection emphasized that directing regional transmission organizations and independent system operators to develop large-load interconnection queues could cause litigation and uncertainty over litigation issues. Midcontinent Independent System Operator told FERC that adopting a standardized large load interconnection procedures could negate the existing state-driven interconnection processes and ongoing work.

[1] https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20251121-5132&optimized=false&sid=49b255c8-ee88-44cf-be1f-cd6ec661393e

[2] https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20251027-3056&optimized=false&sid=6c26ba03-1f83-4013-9b9a-ce29e921ecfe&

[3] https://www.ferc.gov/news-events/news/ferc-issues-notice-extending-comment-period-proposed-anopr-interconnection-large?