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House · Hearing transcript

AI and the Grid: Meeting Growing Power Demand While Protecting Ratepayers

Wednesday, April 29, 2026

Summary

  • Lawmakers reviewed five grid bills requiring large loads to pay full infrastructure costs while debating transmission expansion and improved load forecasting methods.
  • Nick Myers (Chairman, Arizona Corporation Commission) said Arizona requires large loads to fully fund needed infrastructure through tariffs backed by letters of credit.
  • Fedorchak pressed Nelson Peeler (Senior Vice President, Grid Strategy, Planning and Integration, Duke Energy Corporation) on North Dakota data centers, and he confirmed spreading fixed costs lowers residential rates.
  • Members split over the Fair Act, with Pallone warning it blocks interstate lines and Fedorchak insisting states pay their own policy costs.
  • With NERC projecting a 329-gigawatt shortfall, lawmakers stressed permitting reform and coordinated planning to meet AI demand while protecting households.

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Hearing Details

Witnesses

Members Who Spoke

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Transcript

Rep. Latta (OH-5)3:47 – 8:07

Well, good morning. The sub-community energy will now come to order, and the chair recognizes himself for five minutes for an opening statement. Again, good morning and welcome to today's legislative hearing to discuss proposals to improve the power sector during this time of historic load growth and affordability challenges. Access to reliable affordable energy is the linchpin to US leadership in AI development. This subcommittee has spent considerable time examining the opportunities and challenges that arise from US leadership in artificial intelligence. From that work, it is safe to assume AI is one of the defining challenges of our time. It encompasses the race for economic strength, technological leadership, and national security in the twenty-first century. Today, ai is already driving a significant share of economic growth. It is making businesses more productive, workers more efficient and and industries more competitive. We also examined the risk of the United States losing this global ai race. The ability of of malign actors like Russia and Communist China using ai models to disrupt global economies are no longer theoretical, but a reality. at the same time the american people are understandably uneasy many question whether ai in data centers that power it will ultimately do more harm than good particularly when it comes to individual energy costs these concerns deserve to be taken seriously our global competitors are not slowing down china is investing heavily in ai with explicit goal of surpassing the united states that's why it's vital that we ensure that interconnecting new data centers lower costs and bring and bringing these benefits to households like grid modernization, more dispatchable energy resources, and significant state and local tax revenue. In fact, the Lawrence uh Berkeley N uh National Lab and others have found the data center load growth lessens retail electricity costs. While we may not agree on every provision, the legislation under consideration today raises policy solutions to ensure this outcome is replicated across the country. However, demand growth continues to outpace our generation resources. The North American Electric Reliability Corporation's recent yearly assessment estimated that peak demand over the next ten years will grow by two hundred and twenty-four gigawatts, while a hundred and five gigawatts of dispatchable generation is expected to retire. There therefore we're gonna be three hundred and twenty-nine gigawatts short. Earlier this Congress, we advanced several bills to resolve the reliability crisis caused during the Biden administration and bring dispatchable base load energy to keep the lights on year-round. These efforts have been boasted by the Trump administration's decisive action to refocus federal authorities on policies that matter most to the American people abundant and reliable energy supplies at an affordable price the rate to payer protection act would ensure that states have necessary policies to in place to safeguard households from footing the bill for data center energy needs. The load forecasting enhancement act would usher in bottom-up planning to improve the accuracy of demand growth projections to right size cost effective generation and trend transmission build-out. The fair allocation of interstate rates act introduced by our colleague from North Dakota is a practical solution to place the burden of renewable portfolio standard costs on the states that choose to adopt those requirements. The advanced transmission technologies to reduce rates act would leverage the important work that DOE enhances, the use of advanced transmission technologies to bring more cost-effective solutions to our growing energy needs. I look forward to our discussion with our witnesses, who have valuable expertise and experience to provide key insights into the bill before us. And with that, I will yield back the balance of my time and recognize the General Lady from Florida, the ranking member of the subcommittee for five minutes for an opening statement.

Rep. Castor (FL-14)8:07 – 8:44

Well, uh, thank you, Mister Chairman. Welcome to our witnesses. I hope this hearing is the beginning of a bipartisan effort to efficiently grow our energy resources and lower electric bills, because we all know that hardworking American families are really suffering right now. More than eighty million Americans are struggling to keep up with the cost of housing. health care, food, and keep the lights on at the same time. Uh, the president's war in Iran is causing gasoline prices in the United States to climb to their highest level in four years and the price spikes are rippling throughout the economy and touching every one of our neighbors back home.

Rep. Latta (OH-5)8:42 – 8:42

Well

Rep. Castor (FL-14)8:45 – 9:14

At the same time, electricity demand in the United States is rapidly growing at a rate we have not seen in decades cleaner, cheaper energy is what is most available right now to meet forecasted electricity demand, and studies point to the fact that we should improve transmission at six times the rate we have been over the past few years. That would help lower costs for everybody and provide more power, uh, but we know the President and Republicans in Congress, uh, don't like it,

Rep. Latta (OH-5)9:14 – 9:14

Mm-hmm.

Rep. Castor (FL-14)9:14 – 13:09

they don't want it, they don't seem to care that Americans will have to pay more. But, I do think we can find common ground on upgrading and utilizing more of the existing grid. Most of the US power grid was built in the nineteen sixties and nineteen seventies. It's reaching the end of its life, which means we need to make significant investments in our grid transmission infrastructure. For every one dollar uh invested in well-planned long-distance high-capacity transmission we get five dollars in reliability and economic benefits. But there is so much more that we can agree on to make the existing grid more efficient by utilizing uh modern and fast emerging tools. In doing so, families and businesses can save money while we power our homes, the vehicles we drive, and AI. So let's dive into how we can squeeze more out of the existing grid. The current generation, transmission, and distribution system is built for the peak, the hottest summer days or the coldest winter nights. And most of the time the US electric grid operates at just fifty-three percent of its total capacity. That's right, most of it sits idle much of the year, or a large part. It's like building a highway for every car and truck that exists in America. But not every car and truck is on the road at the same time, right? Uh, recent studies have analyzed the problem and suggest that if we increase grid utilization, existing rate payers could save more than a hundred billion dollars over the next decade. This is a win-win-win. Families, small business owners can save money while we provide abundant energy, and most efficiently use the grid that we have already paid for. And the good news is that we have quick, ready deploy, ready to deploy solutions like batteries, grid enhancing technologies, and distributed systems. But the challenge is that there are barriers to deployment. Uh, and savings. There are misaligned incentives. that reward utilities for selling as much power as possible and making large capital investments rather than efficiently using the right power in the right place at the right time. Uh, we also should be rapidly scaling virtual power plants, using the batteries, the smart thermostats, electric vehicles distributed in communities across the country to provide grid reliability faster and at a lower cost. These are big opportunities. The Department of Energy estimated that scaling VPPs could serve ten to twenty percent of peak load and save about ten billion dollars in annual grid costs. And I, after living through a terrible hurricane season, I see a future of great resilience for communities across the country if we can deploy these batteries and distributed systems at a time when the grid suffers from a natural disaster. Large load customers like data centers uh should be part of this solution, and in some places they already are. Uh, and we should be able to agree that data centers must foot the bill for their grid upgrades rather than offload that cost on families the families we represent. I think together we can find ways to require these data centers to be good citizens of the grid rather than impose their cost on others and help us solve real problems, like the interconnection queue. financing, the supply chains, and permitting. Some of the bills we're discussing today move us in the right direction, but they don't really meet the moment. Uh, we need real reforms to federal transmission planning, permitting, and a major focus on utilizing the grid that we have now. So I hope today's hearing is a starting point. I yield back my time. Thanks.

Rep. Latta (OH-5)13:09 – 13:16

Thank you very much. The general yields back. The chair now recognizes the gentleman from Kentucky, the chairman of the full committee, for five minutes for an opening statement.

Rep. Guthrie (KY-2)13:16 – 16:42

Thank you, thank you Chairman Latta for holding this hearing and and I I thank my, my good friend from Florida, the ranking member for those those words. I think there is some common ground that that we need to find and we need to get this process moving forward and we have bills before us today, but we're always open to sit and and to to talk and and I appreciate actually the highway uh analogy not every car is on the tr- road at the same time. No, you went to college in Atlanta. My son did. And uh you could if you timed yourself right, you could get to Atlanta. uh to go pick him up from from downtown. But there were peak times in the afternoon, I know uh it's not always daily peak in electric grid. And so you need to make it more efficient, but you also at times just need new highways and new generations. So so I I think being more efficient is absolutely something we have to work on together. But I also think there's gonna be the need for more generation as well as we've seen. So well thank you for that and and we will figure out a a way to try to find common ground on these. Uh I'll make that commitment if we can do that. Um so but throughout this Congress we spent a lot of time talking about US leadership in artificial intelligence. We evaluated the benefits of AI across every sector of the economy, uh the national security issues with AI and adversarial nations like China and having whose values control AI is it's vitally important. We looked at ways that AI data growth and how it interacts with our electric system. Uh, the world is at a precipice of great change, and we must get this right. It is no secret that energy demands coming from data centers are raising concerns about affordability in our communities. But we are charting a path to ensure, and uh, as w- as the ranking members said, we can find common ground on that data center growth works for all Americans and not just big tech companies. When done right, research and evidence continue to show that low growth coming from data centers actually lowers costs for communities, cuz new data centers bring needed investment into the grid, modernization while connecting base load energy that keeps the lights on for everybody for three hundred and sixty-five days a year. Even more, these investment raise significant tax revenue. We're looking at one in in my district that's gonna raise significant significant tax revenue and they'll they can use that to pay for local communities and and schools, and pay for benefits to local communities like schools and public safety and recreational parks. it should generate a a nice source of revenue for uh if you're gonna locate in the community it should generate revenue in that community. And that is why uh legislation before us today focuses on ways to methodically pan plan build and pay for a grid that works for all of the American households. These bills enhance the state's important role in planning a more affordable and reliable grid. We're also ensuring that data centers are paying their fair share. data center should pay for the load that comes into the data center. So while we may not agree with every provision in the bill, these proposals will foster discussion about how to implement a vision of our electric system that keeps costs low for hous- low low for households and ensures US leadership in the next generation economy. So I look forward to today's discussion and I absolutely do look forward to continued discussions amongst uh this committee all members of this committee, to see that we Be China in the race to AI. And thank you and I yield back.

Rep. Latta (OH-5)16:42 – 16:52

Well, thank you very much. The gentleman yields back the balance of his time. The chair now recognizes the gentleman from New Jersey, the ranking member of the full committee, for five minutes for an opening statement.

Rep. Pallone (NJ-6)16:52 – 20:57

Thank you, Mister Chairman, it's been fifteen months since Republicans took control of all levers of power here in Washington, and it's a nightmare for the American people. Electricity prices have increased as much as thirteen percent, and the same goes for natural gas prices. American families are now paying well over four dollars for gas at the pump, and all indications are that things will continue getting worse. Prices will continue to soar as a result of Trump's reckless war in Iran, and Republicans' relentless attack against cleaner and cheaper energy. And these actions are resulting in our nation becoming less energy secure. Making matters worse, data centers fueling artificial intelligence technologies are throwing the grid into a generation crisis. at a time when we need almost all the energy we can get republicans have proceeded with their illogical war on clean energy dedicating themselves to taking vital sources of power off the grid and american families are paying the price uh last year republicans used reconciliation to wreck our power grid and repeal billions of tax incentives and programs that would have financed hundreds of gigawatts of clean, reliable power the problem is that i fundamentally find it difficult to trust proposals to fix our problems from the same people who caused those problems in the first place. President Trump promised that he would cut energy bills in half his first year back in office instead they're higher than ever his so-called rate payer protection pledge isn't worth the paper it's written on because it doesn't have any mechanisms to hold big tech companies accountable for their promises. And given this track record we should all be suspicious if any Republican promised that they can actually prevent America's bills from going up, I don't believe it. And this is the backdrop to today's legislative hearing. Our nation's grid is facing enormous challenges, and those challenges call for big solutions. Unfortunately, I don't think the bills we will review at today's hearings meet the moment. Some of the bills before us today include good ideas, improving the accuracy of electricity demand may be critical to ensuring that we're not making families pay for data center related grid infrastructure, that's never needed. using advanced transmission technologies and more efficient conductors to get more out of the existing grid is is a promising idea to keep costs down. And given the difficulties that AI technologies are creating for the grid, the least we can do is try to ensure the grid is some is getting something positive out of these technologies too. I am also pleased for considering HR six five two nine from representative Landsman, which should require FERC to convene federal experts, state regulators, tech companies and utilities to find pathways to protect American families from rising electricity costs, ensuring that data centers pay their fair share, will take cooperation across all these groups, and we need to ensure that they're engaging with each other and are working together to reduce costs for repairs. And while I think some of these bills need tweaks or technical alterations, they're largely small steps in the right direction. But we don't need small steps, we need big steps, because we have big problems. And I also want to mention that there is one bill that would be a major step in the wrong direction, and that's HR six three three six. The so-called Fair Act is anything but fair. It's a purely partisan attack that would make it harder for us to build out the regional and to regional grid infrastructure that all of us know we need to build faster. The Fair Act would give red states a free ride, say they don't pay for the economic and reliability benefits they receive from a build-out of a power grid. the bill is a distraction from the work we should be focused on. So this committee should be holding a hearing on proposals that could help fix the long-term drivers of the current grid reliability crisis and make it easier to, plan, permit, and pay for the expansion of the power grid. Unfortunately, committee Republicans turned down an opportunity to include Representative Peters' Speed and Reliability Act, a bill that would do just that. So, Mister Chairman, I think that's a real missed opportunity. And I'm disappointed that it was not included. With that though, I thank you and I yield back the balance of my time, Mr. Chairman.

Rep. Latta (OH-5)20:57 – 22:27

Well, thank you very much, the gentleman yields back the balance of his time, and this concludes member opening statements. The chair reminds members that pursuant to committee rules, all members' opening statements will be made part of the record. And uh, just to let uh everyone know that votes have been called and um, as we do take a a r- our recess to go vote, uh what we'll do is at the uh conclusion of the last vote um at at the start of it uh ten minutes later we'll resume back here in committee so we wanna thank our witnesses for appearing today and taking time to testify before the subcommittee each witness will have the opportunity to give an opening statement followed by a round of questions from our members our witnesses today are mister nick meyers the chairman of the arizona corporation commission mister tom falcone the president of the large public power council miss whitney muse the president of muse energy and mister nelson peeler the senior vice president of grid strategy planning and integration of duke energy thank you very much for our witnesses for appearing today just real briefly uh we wanna pull that mike up close uh when you uh speak and also you'll notice the lights uh when it goes yellow you have uh one minute left and it goes red if you could uh Uh, again we appreciate you being here and Miss uh, Mister uh, Myers, you are recognized for five minutes for your opening statement.

Nick Myers (Witness)22:29 – 26:59

Great. Thank you and good morning, Chairman Lotta, uh and Ranking Member Castor, members of the Energy Subcommittee. My name is Nick Myers. I serve as the Chairman of the Arizona Corporation Commission, and the views that I'm sharing this morning are my own. As you're fully aware, our nation is experiencing an unprecedented growth in demand for electricity. A significant part of that growth is driven by artificial intelligence, data centers, and advanced manufacturing. These are positive developments. They represent investment, innovation, economic growth, and perhaps most importantly, a strengthening of our national security. We are facing a pivotal moment in history, a digital revolution. How we structure that growth so that it remains sustainable and fair for all customers, while also putting downward pressure on residential rates wherever possible is critical. The principle we in Arizona have relied on to handle large load customers is straightforward, growth needs to pay for itself. This approach to handling large load responsibly appears to be gaining national consensus. That means when large new loads come onto the system, the infrastructure required to serve them needs to be funded by those loads, not partially, not over time in a way that shifts risk to other rate payers, but fully with real financial commitments backed by financial security instruments such as letters of credit. The Arizona Commission recently hosted a large load workshop where we heard from our electric utilities consumer advocates data centers and other stakeholders. One thing became very clear, our utilities can serve this demand, but only if the financial structure is disciplined. Generally, most agreed that a strong tariff design provided stability, transparency, and consistency in combination with the use of a of energy service agreements as a layer on top to provide flexibility for unique characteristics of any given large load. Uh, that allows for growth and protects customers from cost shifts. The proposed Rate Payment Protection Act, which ensures that large load customers are responsible for the full incremental cost of the systems required to serve them, aligns with what we are doing in Arizona and what I'm seeing across the country. The bill defines a large load customer as a hundred megawatts, which raises an issue we are dealing with in Arizona. How should we define large load customers? At our recent workshop, there was an agreement that fifty megaw megawatts would be a large load. But what about the twenty megawatt customer, that is the proverbial straw that broke the camel's back, and requires substation upgrades, potential reconductoring, and new transformers? We are finding that whether a com- customer is considered a large load or not, may often be context specific. The Protecting Famil- Families from AI Data Center Energy Cost Act likewise highlights the importance of protecting residential and small commercial customers from increased By requiring a FERC technical conference, it could help raise the national attention on this critical issue, but at the same time various strategies and rate structures to protect rate payers are already being implemented through state-level tariff design and regulatory oversight. Federal efforts in this area are most effective when they complement those structures rather than attempting to replace them. On the transmission side, there's an understandable push to expand capacity. The High Capacity Grid Act focuses on improving efficiency Those are useful tools, but perhaps not a universal solution. While advanced conductors increase line ratings, they may not necessarily improve system reliability and could simply shift the bottlenecks. In many cases, substations, transformers, and interconnection facilities are the actual limitating limiting constraints. A flexible approach can help ensure the investments deliver the intended benefits without unintended consequences. The Fair Allocation of Interstate Rates Act reinforces the principle that costs should follow the entities that cause them, and that states should not be required to absorb costs tied to policies they did not adopt. I was very involved in the Markets Plus greenhouse gas task force that developed the the GHG tariffs. The most important principle unifying the states involved was that rate payers should not have to pay for energy policies adopted in other states. In the West, the grid is heavily intertwined with non-jurisdictional ente- entities such as BPA SRP and WAPA. In Phoenix alone, SRP and APS are tightly intertwined, and fully separating cost is unrealistic. This reality creates a level of complexity that broad uniform federal approaches do not always account for. States must retain their authority to ensure that the system operates properly and costs are allocated fairly. Thank you, and I look forward to your questions.

Rep. Latta (OH-5)26:59 – 27:05

Well, thank you very much. And uh, Mister Falcone, you are recognized for five minutes for your s- your opening statement.

Tom Falcone (Witness)27:06 – 31:53

Uh, thank you. Chairman Latta, Ranking Member Caster, Chairman Guthrie and Ranking Member Pilon, members of the subcommittee, thank you for inviting me. Uh, I don't have as many jokes in my testimony as King Charles who knew he would be such a hard act to follow. Uh, my name is Tom Falcone. I'm President of the Large Public Car Council. I previously spent a decade as the CEO and CFO of the Long Island Power Authority, serving one point two million customers outside of New York, and part of that worked as an investment banker to the utility industry. LPPC represents twenty-nine of the largest state and locally owned, not-for-profit public power systems. I emphasize the not-for-profit. We are in the business of serving our customers and communities, and we have no financial incentives other than the right thing for our customers and communities. Our members provide reliable, affordable electricity to more than thirty million uh Americans across the country, including many districts represented by members of the committee. And our members own approximately eighty gigawatts of generation and operate more than fifty thousand circuit miles of high voltage transistors. uh, transmission. The issues before the subcommittee are not theoretical for us. Uh, LPPC members currently power approximately eighteen percent of the nation's AI and data center load. And looking at various forecasts, we anticipate approximately serving thirty-six percent of the uh interconnections over the next five years. Over the next decade, we will invest more than a hundred and sixty-seven billion dollars in infrastructure and build approximately sixty gigawatts of new generation. Uh, the policy challenge is straightforward. The United States should build the infrastructure needed to support AI leadership and economic growth while ensuring existing customers do not subsidize large or speculative loads. I agree with my fellow panelists from Arizona that growth has to pay for uh growth has to pay for growth. That requires three practical considerations. First, load forecasts must be credible and load forecasting is the beginning of the planning process uh process that affects generation planning transmission, resource adequacy, market signals, customer rates, and reliability. But those forecasts are inherently uncertain when a very few large customers drive the projected growth. Utilities and regulators need to distinguish between committed load from probable or speculative load. Second, rates and contracts must follow cost causation. Uh, existing customers should not provide a free option to large customers that request service, cause utilities to build infrastructure, and then do not use the capacity that they request. No developer would build a large skyscraper without an anchor tenant, financially committed to use and the same principle applies to the electric industry. Especially when those grid investments may last sixty to a hundred years, while uh the technology cycle for those customers is closer to ten years. Large load tariffs and contracts can protect existing customers through minimum demand obligations deposits collateral fee, and other tools. Those tools are not a barrier to growth, they're a safeguard that allows growth to proceed without shifting costs to families small businesses and other customers. Third, federal policy should support best practices while preserving state and local discretion. PURPA has historically been used to require state commissions and utilities to consider federal standards without requiring adoption. If Congress uses that framework here, it should maintain the ability of state commissions and public power governing boards to apply appropriate forecasting and rate barrier protection practices through existing public processes without uh creating duplicative proceedings or conflicting standards as the current bill does. There's also a related public power specific federal regulatory issue that deserves your attention. Treasury's private business use rules for tax exempt bonds, which are issued by our members. Those public power utilities need long-term commitments from large retail customers to protect protect existing customers and finance infrastructure but current tax regulatory rules can make those prudent commitments difficult when tax exempt bond facilities are involved. LPPC is working with Treasury on a narrow regulatory solution. Finally, transmission policy should be disciplined. Planning should begin with an accurate load forecast, evaluate available resources, and then compare the best ways to meet the deficiency, whether through generation, transmission, storage, demand response, reconducting, grid enhancing technologies, or other tools. Transmission projects should deliver tangible net benefits to the customers who fund them. Costs should follow benefits and cost causation. Affected states and communities should have meaningful input. And the Federal Power Act's protections for public power should be preserved. For inter-regional projects, uh, we agree that affected regions should consent before customers are assigned costs, uh, that is simple customer protection. And advanced technologies should be encouraged for useful but not mandated without project-specific review. LPPC's message is practical. We serve new loads and build the infrastructure the country needs, but we should do it in a way that protects existing customers, respects state and local authority over retail rates, and gives utilities the tools to distinguish real demand from speculative requests. Thank you and I look forward to your questions.

Rep. Latta (OH-5)31:54 – 31:58

Well, thank you very much. Uh, Miss Mues, you are recognized for five minutes for your opening statement.

Whitney Muse (Witness)31:59 – 35:42

Thank you. Good morning, Chairman Lotta, Ranking Member Castor, Chairman Guthrie and Ranking Member Pallone, as well as members of the subcommittee. Thank you for the opportunity to testify this morning. My name is Whitney Mues and I am president of Mues Energy, an energy consulting firm, and I'm here in my personal capacity and not on behalf of my firm. Prior to founding Mues Energy, I served as senior policy advisor in the Office of Clean Energy innovation and implementation at the White House, and also served at the US Department of Energy. First as Chief of Staff in the Office of Electricity Electricity, and subsequently worked to establish the Grid Deployment Office serving as Chief of Staff and Senior Advisor. Across these roles, I had the privilege of working on implementation of many of the policies and programs from the Energy Act of twenty twenty the Infrastructure Investment and Jobs Act and the Inflation Reduction Act. This energy subcommittee hearing is a timely moment to discuss opportunities and challenges of load growth that we are seeing in the power sector after two decades of flat growth. The US is now in an era of load growth driven by multiple sources, data centers and AI usage, increased manufacturing, and electrification of transportation, heating, and more. This load growth is happening as we are seeing rising electricity prices and escalating concerns about affordability with a growing need to ensure that consumers and rate payers are protected. The grid underpins nearly all aspects of our lives. Transmission connects generation resources, and across the system and moves power from where it is generated to locales where it is consumed while the distribution system delivers power to individual homes and businesses. Transmission provides many benefits, including improved resiliency and reliability of the grid, reduced congestion on the grid, and allows for faster incorporation and interconnection of new generation and load. A proactively planned transmission grid that incorporates high capacity regional and inter-regional transmission lines to connect the lowest cost generation resources yield savings for consumers relative to a more piecemeal or siloed approach. During this hearing, we have the opportunity to review a number of the introduced and draft bills. The Advanced Transmission Technology to Reduce Rates Act and the High Capacity Grid Act offer pathways to accelerate the deployment of various advanced transmission technologies and grid enhancing technologies to increase the capacity of the existing grid. Bills such as the Load Forecasting Enhance Enhancement Act, the Affordable Innovation for the Grid Act, uh, the Protecting Families from AI Data Center Energy Costs Act all provide opportunities for the Department of Energy and FERC to improve its load forecasting processes and to work with stakeholders to protect families from data center costs as well as to accelerate innovation on the grid. The Ratepayer Protection Act brings forth, uh, many of the topics that have been in discussion quite frequently around having large load customers cover all of the incremental costs of the upgrades, I think there is opportunity to further refine the definition of how a large load is considered as we look at both data centers as well as large loads in the manufacturing and industrial base across the country and then there's the fair allocation of interstate's rate act, which really offers pathways that would block and significantly stymie and slow the construction of much needed inter-regional transmission across the country. I look forward to the discussion of all of these bills during this hearing. In this time of load growth, build pressures and more, we need action to maximize the existing grid and expand transmission capacity. DOE, the National Labs and many other entities have produced many studies that point to the value of transmission and of the grid and more recently provide numerous estimates of the coming load growth. What we need now is investment, technology deployment and stealing the ground to meet the demands of the moment. Thank you.

Rep. Latta (OH-5)35:43 – 35:47

Thank you very much, Mister Peeler, you are recognized for five minutes for an opening statement.

Nelson Peeler (Witness)35:47 – 40:17

Uh, Chairman Latta, uh, Ranking Member Castor, uh, Chairman Guthrie, members of the subcommittee, uh, thank you for the opportunity to be here today to testify. Uh, I serve as Senior Vice President of Grid Strategy, Planning and Integration at Duke Energy. One of the largest investor on electric utilities in the United States. Serving more than eight million electric customers across the Midwest and the Southeast. Duke Energy shares this subcommittee's focus on reliable, affordable energy to support an economic growth and America's leadership in AI. Duke Energy serves customers under a vertically integrated utility model in all of our states, except Ohio. This model allows us to plan, build, and operate generation, transmission, and distribution resources in a coordinated and accountable manner under federal and state regulatory oversight. As a result, rates in all of our vertically integrated states are below the national average. alignment of long-term resource planning with strong state oversight ensures infrastructure investments are prudent and deliver measurable customer value. Power demand is growing rapidly, and I appreciate the opportunity to share how we are serving growth or remaining committed to delivering reliable power at the lowest possible cost. Being a regulated utility carries both the privilege and responsibility to serve all customers, regardless of background or circumstances, in a way that is affordable and reliable. Duke Energy has a culture of continuous improvement, focused on delivering value for customers. Our scale enables cost-effective operations through strong cost controls and operational discipline. Maintaining a strong balance sheet, leveraging tax incentives, financing cost recovery during construction, scrutinizing storm recovery expenditures, and operating within constructive, stable regulatory environments all help lower cost to customers. We're also leading with customer protections, on large load as large loads come online. Under the oversight of our regulatory commissions, we're implementing well-designed arrangements to ensure that new large load customers pay the full cost of serving them, enter long-term service agreements that reduce risk of stranded assets, and provide financial security measures that protect existing customers. When integrated responsibly, large customers can support economic development and help limit rate growth by spreading fixed grid costs across a broader customer base. To meet growing demand, we're investing more than a hundred billion dollars over the next five years to add fourteen gigawatts of new capacity and associated network transmission. This includes new generation resources including natural gas, solar and storage with nearly five gigawatts already under construction. Efficiency improvement shielding an additional one thousand megawatts from existing nuclear natural gas and hydro assets and grid enhancing technologies to improve efficiency, performance, and resilience. We're also expanding and modernizing our transmission system through a combination of new lines targeted upgrades and grid enhancing technologies, such as advanced conductors. We coordinate closely with regional grid operators and state regulators to ensure projects are properly scoped cost-effective and aligned with system needs. To be clear, transmission does not exist to meet abstract policy goals. It exists to transfer, scale, and distribute generation to serve all customers reliably and affordably. In regulatory proceedings before state commissions, including North Carolina, I've consistently testified that integrated planning produces lower long-term system costs and produces stronger reliability outcomes than fragmented or siloed approaches. Federal policies should therefore avoid substituting national prescriptions for regional judgment. Even with strong planning and customer protections in place, infrastructure cannot move forward efficiently if national environmental permitting processes are unpredictable or protracted. Duke Energy supports targeted practical reforms that improve efficiency without weakening environmental protections, including clear timelines and efficient judicial review under NEPA, the Clean Water Act, and the Endangered Species Act. Duke Energy is delivering the outcomes this subcommittee is focused on. disciplined investment, prudent planning, and reliable operations to achieve speed to power while protecting customers. We look forward to continue to work with Congress to advance policies that reinforce reliability, affordability, state-led solutions, and lower customer costs. Thank you.

Rep. Latta (OH-5)40:19 – 40:37

Well, thank you very much, and that will conclude our witnesses' opening statements. And, uh, we have, uh, two hundred and six members to go to vote, so we are going to recess right now. and we will resume uh ten minutes after the last vote's uh starts thank you

Rep. Schrier (WA-8)1:12:32 – 1:12:33

wait we need someone in the chair

Rep. Latta (OH-5)1:12:34 – 1:12:34

what

Rep. Schrier (WA-8)1:12:34 – 1:12:34

andrew

Nick Myers (Witness)1:12:35 – 1:12:36

i should

Rep. Latta (OH-5)1:12:35 – 1:12:39

oh oh yeah i i do need that timer run

Nick Myers (Witness)1:12:38 – 1:12:39

oh thank you

Rep. Latta (OH-5)1:12:51 – 1:13:31

well thank you very much the subcommittee will reconvene and again i thank the witnesses for the uh short interview we had there for that series of votes and the chair will recognize himself for five minutes for questions meaning growing electricity demand for data centers will require significant capital expenditures for more generation and transmission infrastructure build-out chairman meyers mr. peeler and mr. falcone how can you insulate residential rate pairs from costs uh caused by the large data centers. Mr. Myers, if you'd like to start.

Nick Myers (Witness)1:13:32 – 1:14:53

Yeah, thank you. Um, the the biggest way we're we're isolating those costs currently is by using specialized tariffs with the energy services agreements on top of it, and requiring that all costs be paid by uh that agr- you know, within the confounds of that agreement by the person that needs the energy. Um, there are various ways we're doing that. So, one of our utilities is using a subscription model. Um, another one is is requiring that they, and depending on the situation, it's all very situational, but um, some of them just flat out are are asking them or are providing their own generation, and then at some point they may turn that over to the utility. But um, fundamentally we are the the the big thing we struggle with is the transmission portion of it because um all of that transmission build-out is tends to be regulated by FERC, and then that comes down as a single um number to the state to be dispersed appropriately but we have no no insight into who caused that particular portion of the cost so what we're doing is in the energy services agreement having them pay for the estimated cost and generally a little bit more, so if it's twenty million dollars of intere- infrastructure cost, they're agreeing to pay forty million to cover the cost and a little bit more which puts downward pressure on rates. So that's kind of how we're dealing with that.

Rep. Latta (OH-5)1:14:53 – 1:14:54

Thank you. Uh, and Mr. Farah Cohen?

Tom Falcone (Witness)1:14:55 – 1:15:58

Yes, uh, the same. I, I think it's important to recognize, Sherilata, that the way that utilities have operated for a hundred and twenty years is to divide customers into rate classes and to charge those customers based on the characteristics of their load. What is new here is not that, uh, this is a, an old, a new concept, but that data centers as a rate class prior to ChatGPT in twenty twenty three we really didn't see that much load growth and uh we weren't building infrastructure just for a data center now that that's happened you've seen a tremendous number of states including Arizona start breaking customers into rate classes and charging them the appropriate rate and that rate's going to be higher because if you're building infrastructure for a new customer new stuff costs a lot more than the old stuff and so you wanna charge them the marginal rate of the new stuff so that you don't have to raise rates on the old customer So that's generally the philosophy. There's about sixty tariffs among the states and utilities that are either in place or pending. And it's an old solution. What's new is that this load growth came out of nowhere.

Rep. Latta (OH-5)1:15:58 – 1:15:59

Oh, thank you. Uh, Mr. Peeler?

Nelson Peeler (Witness)1:16:02 – 1:16:42

Yeah, so, ver- very similar response. I'll just, specifically we use, um, uh, electric service agreements for large load customers. It requires commitment from them up front, both financially and a commitment to their load ramps. And the intent is that they pay their share of infrastructure cost up front, uh, and that other other rate payers not impacted, but ultimately it becomes a a rate structure that they pay uh the larger portion of the fixed cost of the system based on the needs that they have. So the customers are protected by the electric service agreements which are long-term binding contracts from uh those requesting customers.

Tom Falcone (Witness)1:16:42 – 1:16:42

OK.

Rep. Latta (OH-5)1:16:43 – 1:16:58

Yeah, uh, Mr. Peeler, you know, amid this historic low growth that is outpacing infrastructure development. How will uh utilities like Duke take advantage of cost-effective solutions such as advanced transmission technologies that you're gonna get more juice out of the existing system?

Nelson Peeler (Witness)1:16:59 – 1:17:41

Yeah, certainly, so we we could we could currently u consider ad advanced technologies like, you know, the var- various gets technologies, more specifically we have a lot of application of advanced conductors. Uh, we are able to apply those typically in a reconductoring uh environment that allows us to use existing right-of-ways uh that lowers cost for those upgrades and in many cases, speeds the uh the service to those uh upgrades. So uh we evaluate them uh on a case-by-case basis. Uh it's not always the best solution, but in many cases those advanced conductors are uh a a very viable solution for both economics and speed uh for new loads.

Rep. Latta (OH-5)1:17:41 – 1:17:49

In my last twenty-six seconds, you know, when we're talking about these issues, what about supply chain? You have any supply chain issues and I have about twenty seconds left.

Nelson Peeler (Witness)1:17:49 – 1:18:31

Yeah, so advanced conductors are new, you know, fairly new technology. There are a lot of options out there. Some are uh tested, some are not. So it it's a matter of, you know, selecting the right ones. They have different characteristics uh than traditional conductors. They can be more brittle. They can be less resilient to damage from uh the elements for example so it's very important to select the right things but supply chain is an ongoing challenge uh with the demands uh that we're seeing for new um new loads all types of electrical equipment not just conductors but uh electrical breakers transformers the lead times for those have have increased over the past few years

Rep. Latta (OH-5)1:18:31 – 1:18:39

and i'm and i'm sorry i'm gonna have to uh cut myself off there my time has expired but i'd like to get some more information on that but uh at this i

Nelson Peeler (Witness)1:18:36 – 1:18:36

yeah

Rep. Castor (FL-14)1:18:46 – 1:18:52

Yeah, thank you, Mister Chairman, and thanks again to to the witnesses. We really need your help because we we wanna provide

Rep. Latta (OH-5)1:18:49 – 1:18:49

Mm.

Rep. Castor (FL-14)1:18:52 – 1:20:13

a lot of relief for for our neighbors back home. We're just being crushed by by higher electric bills right now, and it seems that one of the answers, uh of course we're gonna talk about transmission, but in in distribution and really squeezing greater efficiency out of the grid, that we have right now if it it i know that the efficiency number um across the country was about seventy percent we were getting seventy and now it's down you know fifty three percent of the that means there's a whole lot of time when we have uh a lot of the the the grid that's not operating so how do we how do we build the foundation from this from the federal level what can we do since uh utilities are regulated at the state level What is in the power of the Congress to make uh sure our existing infrastructure is more efficient? Getting the the gets of uh getting utilities to to to actually uptake their reconductoring. Miss Mews, maybe you have some ideas on how we get those cost-saving technologies onto the grid. Th and think of it as a member of Congress. Uh yes, we can direct FERC, we can make some changes to FERPA. uh maybe set different incentives. What do you recommend?

Whitney Muse (Witness)1:20:14 – 1:21:13

Thank you, Congresswoman. I think all of those, all of the above would be helpful. I think we saw even in the last administration that there was an uptick in deployment of grid enhancing technologies with support of some of the fin financial incentives that came out of the Congress including funding for the Grid Resilience and Innovation Partnership program that DOE ran as well as work at the loan program's office where utilities came in for uh lower cost debt and used that in part to upgrade their transmission systems and so there is financial incentives that have been helpful. I think the other options that you mentioned in terms of working with FERC, uh, as well as, uh, the PIPR one eleven D standards are also options to pursue. I think we really wanna get to a point where we're really accelerating deployment, right? We have examples of pilot programs across the country. The National Labs, including Idaho National Lab has done great work on, you know, different types of conductor, advanced conductor technologies and sharing best practices in partnering with EPRI and utilities and others so that we are starting to get beyond pilot projects and to get to see more wide spread deployment of these technologies.

Rep. Castor (FL-14)1:21:13 – 1:21:51

So so one you know I meant in my opening statement I mentioned some of the barriers, and that's the way that um Mr. Peel a lot of investor owned utilities are are set up and Mr. Falco maybe you have some advice for us on this because it seems like utilities are, unless you're in the public sphere, you are incentivized to to serve shareholders um and sell as much power as possible uh so that's one misaligned incentive and uh they're just they're also incentives for major capital investments rather than squeezing out the efficiencies from the existing infrastructure

Whitney Muse (Witness)1:21:48 – 1:21:49

yeah

Rep. Castor (FL-14)1:21:51 – 1:22:02

so how do we change the incentives here at the federal level to to save people money and address the the uh load growth that that we're facing now

Tom Falcone (Witness)1:22:02 – 1:22:53

Well, thank you for the question. Uh, I would say a couple of things just to go uh through your your question. There's the issue of of efficiency and to the extent that you can get uh load utilization up, that would save a lot of money. There are challenges to doing so uh and the biggest challenge is that while many uh including in FERC regulated markets, we offer incentives basically for interruptibility. We say to the customer, we'll give you a price break if it's interruptible. The desire of that customer to take that, depends on the economics of their own business. And so one of the challenges we have right now with rapid load growth from uh large loads and data centers is that the economics of their business are such that they really don't wanna be interruptible, that the uh price that we could offer them that makes sense for the utility is that they would prefer a solid service. We've heard that from multiple, so it's a challenge, uh it's not to say that

Rep. Castor (FL-14)1:22:52 – 1:23:05

They don't want to be, but they they can, we can achieve some savings through flexibility if they will uh agree to turn off some of the power or or shift it uh during certain times of day

Tom Falcone (Witness)1:23:04 – 1:23:09

they're they're from our conversations with them they are more interested if they can get connected faster

Rep. Castor (FL-14)1:23:10 – 1:23:10

mmm

Tom Falcone (Witness)1:23:10 – 1:23:47

and so the economics they're they're you know if they if we can offer them a price break the price break's worth this but their cost of uh shutting off is up here and so it makes them less willing to be interruptible but if you can connect them faster they're willing to be interrupted and so there are ways to do it and i think that there are um uh we are pursuing that in multiple avenues. There are other things that can happen, but there's no substitute for good regulation at the state level to make sure that incentives are in line that we're building the right things and and some of the things we're talking about here have the load forecast right have the customers well defined charge the right customers the right product.

Rep. Castor (FL-14)1:23:46 – 1:24:07

And I I'm out of time but I'm gonna ask each of you to uh submit some answers for the record uh to help the committee uh help us with that these solutions and making sure we're aligning the building blocks for affordability and reliability and using these modern new tools to squeeze more efficiency out of the existing grid. Thank you.

Rep. Latta (OH-5)1:24:08 – 1:24:16

Thank you very much. The gentleman yields back, and the chair now recognizes the gentleman from Georgia's twelfth district for five minutes for questions.

Rep. Allen (GA-12)1:24:17 – 1:25:28

Thank you, chair Lata, for holding this uh very important hearing today. And I want to thank the witnesses for being here to testify the rapid growth of artificial intelligence is contributing to increased electricity demand. raising important questions about the capacity and resilience of our nation's power grid, uh, in addition, uh, to the, uh, fact that the cost, uh, uh, are increasing, uh, for electricity. I'm glad we're holding this hearing to better understand how we can meet growing power demand while maintaining reliability affordability and the appropriate protection for our rate payers. Chairman Myers and Mister Falcone, electric markets around the country very r- vary widely as do the transmission and generation planning and development practices. A one size one size fits all approach to federal planning requirements on the power sector disregards those differences and could create real challenges to the, uh, reliable delivery of affordable power. How should policymakers strike the right balance between consistent energy policy and the rea- the reality that uh regions are structured very differently?

Nick Myers (Witness)1:25:30 – 1:26:08

Yeah, um, y- you hit the nail on the head. The - the - they are definitely, um, there's definitely different approaches. For example, the West is way different than the East. Um, just because of the - the geographical layout, the fact that we're - there's a lot of additional federal lands. Um, the best way that - that can - that - that Congress can help is - is not to trample on the r- the, um, authorities of the states, but maybe help, um, standardize those authorities. We've got a couple of bills that we're talking about here. um, that are doing studies. Those kinds of guidances are great, but we need the flexibility to deviate from that, uh, you know, that's based on the application.

Rep. Allen (GA-12)1:26:09 – 1:26:09

Right.

Nick Myers (Witness)1:26:09 – 1:26:14

So, I would say that's one of the best ways we can do to help, uh, contain, or or standardize.

Rep. Allen (GA-12)1:26:14 – 1:26:15

Mister Farquhar?

Tom Falcone (Witness)1:26:15 – 1:26:43

Yes, I, I would agree. I, I think the bills here have struck the right balance in using FERPA in that it requires state commissions and utilities to consider things like best practices in load forecasting, best practices in rates, There's another bill that uh encourages FERC to uh call together uh individuals to design best practices uh incentives, but in the end there's a lot of local distinction and and what's best for Georgia is not gonna be the same as what's best for Arizona and we should respect

Rep. Allen (GA-12)1:26:41 – 1:26:41

Mm-hmm.

Tom Falcone (Witness)1:26:43 – 1:26:52

those local differences so I think that strikes the right balance make everyone look at it put out best practices and then let people customize for what they're facing in their own area.

Rep. Allen (GA-12)1:26:52 – 1:27:41

Good, thank you. Uh, Mr. Pelar. uh, Duke Energy's vertically integrated service territory in the south is very uh similar to the structure of utilities in my home state of Georgia. Uh, here utilities are able to methodically plan and design an entire system meet peak demand at the least uh cost. In fact, we have the lowest rates, some of the lowest rates in the country. Whether it's building big lines to get access to far away renewables or building generation uh closer to load, utilities like Duke consider and compare all the alternatives to get outcomes that best meet the needs for your rate payers. Can you walk us through that planning process and how Duke takes cost and reliability into account when deciding transmission and generational uh, generational investments?

Nelson Peeler (Witness)1:27:42 – 1:28:27

Yes, uh, thank you for the question. So, it's very important to have all aspects of the understanding the the need, so the load forecast and understanding how to use all the potential solutions such as generation, transmission, and distribution. And the vertically integrated utility under state oversight has the ability to be close to the customers actually execute the contracts with the customers for large loads for example forecast that load effectively with binding contracts uh and then evaluate which solutions are most economic be that a transmission line, a generating resource, a storage resource, the use of demand side management, or in in reality, the right combination of all of those.

Rep. Allen (GA-12)1:28:28 – 1:28:28

OK.

Nelson Peeler (Witness)1:28:28 – 1:28:32

And and that provides the most cost effective solution for customers.

Rep. Allen (GA-12)1:28:32 – 1:28:50

Thank you, and uh uh I'm just about out of time, but Mister Falcone and Mister Peeler, as part of the transmission planning process, uh you have to consider cost and benefits of using innovative technologies, such as advanced conductors and grid enhancing technologies that can meet a variety

Rep. Latta (OH-5)1:29:13 – 1:29:19

Well, thank you very much. The gentleman yields back the balance of his time. And the chair now recognizes the gentleman from California's fiftieth

Rep. Peters (CA-50)1:29:22 – 1:34:41

Thank you, Mr. Chairman. I thank you for this hearing. I think uh some of these these lot of these bills are fine. I don't think we're getting to really the hard questions yet. I hope we will. Uh on loaded loaded load forecasting, uh Mister Balder's bill is fine. I think the Harshbarga bill on innovation for the grid is great. I think um advanced transmission technology, no no NEPA for uh grid enhancements on existing facilities is is fine. Ratepayer Protection Act, um That makes a lot of sense. The state exemptions are so broad that they basically basically wipe out wipe out any requirement that state PUCs would do anything. Um, and um, I do think that the principle the data center should pay, it is widely agreed upon, and that they should bear the costs and also the risks. And so I think you've all testified to that, and I think we should figure out a way to do that, um, together. The the bugaboo continues to continues to be um cost allocation uh and Um, I'm I'm told that that's the difficult thing and I think the the problem with, um, the fair allocation of interstate rates act from Ms. Fedorchak who has a lot of experience in this, is this concept of state policy, not bearing the cost of state policy, that's so undefined, it could mean anything. I think, you know, in my conversations with, uh, Ms. Fedorchak and and her her comments here, she's concerned about kind of green new deal style energy costs being foist foisted on other states. Um, but state policy is is sort of a wider thing than that. It could include requiring a coal plant to stay open in Michigan, which is reportedly costing a hundred million dollars a quarter. Um, whether rather than being replaced, uh, it could be requiring coal plants to be built, which is something maybe, um, Kentucky would want. So I don't I don't think that's a good metric. Um, I do think, however, we don't have to start from scratch. And and we should we should recognize that the context, though, is uh, we're not talking about regional trans- inter-regional transmission. Um, we need legislation directing FERC to ask to act on an inter-regional planning rule. And this is backed up by the North American Reliability Electric Reliability Corporation, NERC, the entity responsible for keeping the lights on. They've said clearly that at least thirty-five gigawatts of inter-regional transfer c- capability would make the grid more resilient, reduce rates, and enable us to meet load growth. Thirty-five gigawatts. Um, I think what we built since two thousand fourteen is frankly about four gigawatts in the United States. we're way behind, we're way behind China, and we're way behind for ourselves. Um, that what I hear is that uh people disagree about cost allocation, and I think to to support Mr. Dvorak, you know, you shouldn't pay for benefits you don't get, but you should pay for benefits you get, you should, people who benefit should pay. In the Energy Permitting Reform Act, or the Manchin-Borosso bill from last uh last term, they listed out these these criteria for allocating costs. a improved reliability b reduced congestion reduced congestion c reduced power losses d greater carrying capacity e reduced operating reserve requirements and f improved access to lower cost generation that achieves reduction in the cost of delivered power. I suggest to you that those are really good objective ways to say that people who get the benefit pay, the people who don't get the benefit don't And obviously, it would be, we'd have to go through the regular process to determine in case by case, you know, where the, whether those criteria were being met, but they're good objective criteria and um would help us meet the objective of a connected, reliable uh and efficient national grid and secure grid. It also includes a rate pair protection provision, um which is quote, " customers that receive no benefit" or " benefits that are trivial trivial in relation to the costs sought to be allocated" from electric transmission facilities constructed or modified under this section shall not be involuntarily allocated any of the costs of those transmission facilities provided however that nothing in this section shall prevent a transmission transmitting utility from recovering such costs through a voluntary agreement with its customers you can make a deal if you want uh that strikes me as as sound policy and the good thing about it too is that it's bipartisan and it's tested bipartisan it passed out a committee fifteen to four in the senate And we haven't even taken it up here. Um, so I would I I put some of that in my speed and reliability act, which Mister Pilon referred to. I think we should have that conversation. Um, another option is is um to address Mister Peeler's concern about uncertainty, is to do a minimum transfer requirement that defines a quantity of of amount of of the amount of power that would need to be transferred among regions. It would give you a s- a sense of of what the goal was and could could keep um keep you in the planning seat. But what we can't do is let the tail wag the dog. And what I, what I, my sense is that the national interest in a secure, efficient, reliable grid may be inconsistent with the business model of some vertically integrated utilities. Um, and we are here to work for the national interest, not for the interest of these those utilities or people who want benefits that they don't wanna pay for. So, um, I, I hope, Mister Chairman, we will get to a conversation, a real conversation about how to do inter-regional transmission. We are not there yet. a year and a half into this term um but I'm ready to go and I yield back.

Rep. Latta (OH-5)1:34:42 – 1:34:49

Thank you. The gentleman's time has expired and yields back. The chair now recognizes the general lady from Iowa's first district for five minutes for questions.

Rep. Miller-Meeks (IA-1)1:34:50 – 1:35:59

Uh thank you Chairman Letta and Ranking Member Castor uh for holding this legislative hearing. Electricity demand is growing faster than in any point in recent memory, driven by AI advanced manufacturing and electrification. Meeting net demand requires new generation, upgraded transmission, and the regulatory The bills before us today address the right set of problems, accurate load forecasting, cost-effective transmission expansion, and making sure infrastructure costs are borne by the customers who cause them. Mister Peeler, in your testimony you highlight using advanced conductors, dynamic line ratings, and other grid enhancing technologies to unlock more capacity on existing lines, and as a bridge while long lead equipment is being installed. You also mentioned that uh Duke Energy is in the middle of the largest capital build-out in your company's history and um how permitting reform is crit- a critical enabler to allowing you to efficiently deploy those investments. What do you think about allowing reconducting and grid enhancement technology deployment within existing right-of-ways to be considered as a new categorical exclusion under NEPA?

Nelson Peeler (Witness)1:36:01 – 1:36:11

Thank you for the question. Certainly, anything that speeds the process while continuing to provide the environmental protections is is a great tool for us, so we would certainly support that.

Rep. Miller-Meeks (IA-1)1:36:11 – 1:36:40

Well, it strikes me as a com- as very common sense since you're upgrading a line that already exists on land that has already been developed the idea that you need a full government review seems counter-intuitive and the exact kind of friction that slows down necessary grid modernization has do CAD transmission upgrade projects delayed or derailed specifically because of NEPA review requirements that applied to work within an existing right of way, and how much time and money would a categorical exclusion like this have saved?

Nelson Peeler (Witness)1:36:41 – 1:37:09

Again, thank you for for raising this issue. So, many of the projects that Duke Energy undertakes are not on federal lands, and so we have limited impacts from from what you're talking about. So, I don't have specific examples. However, I do know this is a significant issue for our for our friends in the western part of the country, and they may have some They may be able to give you some clearer uh quantifiable results for what you're asking for.

Rep. Miller-Meeks (IA-1)1:37:09 – 1:37:27

Thank you. Mister Myers, uh the US and China now spend about the same amount of money per year on our respective grids. But for the same investment, China is found to get twenty-five times as many gigawatt miles of capacity built as the US. What's contributing to this inefficiency and how can we fix it?

Nick Myers (Witness)1:37:29 – 1:37:32

That is a great question that I don't know that I have a direct answer

Rep. Miller-Meeks (IA-1)1:37:52 – 1:38:31

Thank you. And last week alongside uh secretary uh, Energy Secretary Wright, I had the opportunity to tour a data center being developed. uh by QTS in Cedar Rapids, Iowa. This experience highlighted the need for reliable and affordable electricity to meet increasing demand by AI AI but also an interesting project because they recirculate the water utilization. So it uses no more water or it anticipates using no more water than uh one of our super Walmarts within the state. Key to meeting this demand is the development of more high voltage transmission infrastructure. Planning processes like the mid-continent independent

Nelson Peeler (Witness)1:38:55 – 1:38:55

Yes, certainly.

Rep. Miller-Meeks (IA-1)1:38:55 – 1:38:55

Yes.

Nelson Peeler (Witness)1:38:55 – 1:39:42

So we we definitely more need more transmission investment to meet this need. And it And it's not just inter-regional, it really is local, regional, and inter-regional looked at collectively, so that we build the right transmission, uh, economically, uh, reliably and affordably for the, for customers. So, that, those three processes need to be tightly linked. Local planning, regional planning, and inter-regional planning, such that we develop the right solutions, and consider generation along with that planning. So that provides a long-range transmission planning approach where generation is considered as well. So resource and transmission planning linked, local, regional, and inter-regional considered together.

Rep. Miller-Meeks (IA-1)1:39:42 – 1:39:49

Thank you. I have some other questions that I'd like to submit for the record to have answered in writing uh if you agree and with that I yield back.

Rep. Latta (OH-5)1:39:49 – 1:39:58

Thank you very much. The General Y- General Leidy yields back the balance of her time. The chair now recognizes the gentleman from New Jersey's eighth Mr. for five minutes for questions.

Rep. Menendez (NJ-8)1:39:58 – 1:40:30

Thank you, Chairman. For the past year and a half, House Republicans on this committee have held hearings to discuss meeting our growing energy needs due to AI data centers. Despite all the conversation on it, I'm still not convinced that House Republicans have a real plan to meet these needs. I appreciate the Chairman always asking whether we need more or less energy to meet increasing demand I believe we're all on the same page there um and I believe a diverse energy portfolio is important to meet those increasing energy needs. So would you all agree we need an all the above energy policy in this country, just yes or no?

Tom Falcone (Witness)1:40:30 – 1:40:32

Yes. Uh, yes.

Rep. Latta (OH-5)1:40:33 – 1:40:35

Yes. Yes.

Rep. Menendez (NJ-8)1:40:35 – 1:41:36

And it's interesting, because we've seen that response over and over again. In fact, uh last year, uh we had Doctor Eric Schmidt um come before the committee, and he made it incredibly clear that renewables are essential to meeting our energy needs and for competing with China. Uh, in his testimony he said, quote, China's comprehensive a comprehensive approach to energy, coupled with its AI ambitions, presents a direct competitive challenge. Failure to accelerate our own energy transition and innovation, risk seeding leadership in technologies that will define the future global economy and geopolitical influence. He goes on to say the PRC understands the f- understands the foundational power of AI and energy, and they are investing massively and strategically to achieve global dominance in both. They are pouring resources into AI R and D while simultaneously building the world's leading renewable energy capacity and modern grid infrastructure. Um, does anyone disagree with Doctor Schmidt's analysis, just yes or no?

Nick Myers (Witness)1:41:37 – 1:41:37

Yes.

Rep. Menendez (NJ-8)1:41:38 – 1:41:39

You you disagree with his analysis.

Nick Myers (Witness)1:41:40 – 1:41:41

Uh, uh, uh, yeah, to a certain degree.

Rep. Menendez (NJ-8)1:41:42 – 1:41:43

Oh, actually, I'm curious, why?

Nick Myers (Witness)1:41:43 – 1:41:54

I think um, I think to have renewables is a a an important part of the process, but I think it needs to be handled on a, on a case by case basis.

Rep. Menendez (NJ-8)1:41:54 – 1:42:05

Yeah sure, but he's not saying, he's not saying only renewable, he's just saying what China is doing, if we can view China as our major competitor, then we should be matching their intensity in my opinion. So just yes or no, do you disagree with his analysis?

Tom Falcone (Witness)1:42:06 – 1:42:16

Uh, I agree that China is doing everything, I mean they have a state policy, um, that way, uh, how much you wanna subsidize that area, but we're, we're building all of the above, we're building everything.

Whitney Muse (Witness)1:42:16 – 1:42:26

It's great. I agree with Shana's approach to both building everything from a generation perspective but also expanding their transmission grid including the high capacity and high voltage lines.

Nelson Peeler (Witness)1:42:29 – 1:42:39

Yes, I agree with the concept that that all the resources are valuable, uh, but they need to be valued properly, uh, in the overall generation mix to provide the right diverse overall fleet.

Rep. Menendez (NJ-8)1:42:40 – 1:43:02

Right, and we, listen, I understand we're gonna have disagreements about where we should focus from administration to administration, but it's these hard pivots. that I think are so disruptive for the energy industry. Um, Miss Muesen, when it comes to meeting our energy needs, is a complete shift in priorities between administrations, such as Republicans rolling back clean energy tax credits and terminating billions of dollars in energy grants helpful or hurtful?

Whitney Muse (Witness)1:43:03 – 1:43:04

Hurtful.

Rep. Menendez (NJ-8)1:43:04 – 1:43:13

Yeah, I agree. So would you agree that the Trump administration and House Republicans' actions have set us back on what we knew need to do from an energy generation perspective?

Whitney Muse (Witness)1:43:14 – 1:43:23

It's made it so much challenging. We've paused a number of projects that were in development, as well as rolled back financial supports for the needed generation and transmission assets that we would like to bring online, as soon as we can.

Rep. Menendez (NJ-8)1:43:23 – 1:43:53

Great. It's like this ping-ponging effect that I just don't think is productive. And I understand they may have an oil and gas directive from the White House, but cutting off renewable energy, including Revolution Wind off the coast of Rhode Island, when it was about eighty-seven percent done, is is the wrong thing to do. And when we look forward, we've seen the president uh announce a deal with major tech companies that are building AI data centers, across the country. to require them to bring their own energy to offset growing energy costs, but I have questions about it. Miss Mews, are you aware of any accountability measures that are included in this deal?

Whitney Muse (Witness)1:43:53 – 1:43:54

I am not.

Rep. Menendez (NJ-8)1:43:54 – 1:43:58

And are there any requirements regarding the type of energy they use?

Whitney Muse (Witness)1:43:59 – 1:44:03

Uh, the preferences would align with what we see from the administration on the fossil fuel side?

Rep. Menendez (NJ-8)1:44:03 – 1:45:09

I think that's right. So, this is why I'm concerned about the quote deal, um, because tech companies are building across the country, and they're doing so without being held accountable for their impacts to our communities, without going guardrails a tech company building an ai data center could bring additional dirty fuels and pollute communities around them so we need them to do more we need them to bring their own energy which is just one piece of the puzzle but guardrails are essential uh that's why i introduced the price act with congressman khusar a bill that requires new and existing ai data centers to bring their own renewable energy and fines tech companies for uh for when they fall out of compliance uh because ultimately where i'm in agreement with doctor schmidt is that we our response must be equally ambitious to China's, it must be coordinated, it must be decisive. I don't see this administration putting forth an ambitious agenda for our energy dominance. I see them siloing out their preferred industry, oil and gas, and really trying to sideline renewable energy. That's gonna set us back in this competition with China, which Republicans talk about, but they don't actually do the work to make sure that we're competing on an equal footing. And with that, I yield back.

Rep. Latta (OH-5)1:45:10 – 1:45:17

Thank you very much. The gentleman's time has expired and yields back. The chair now recognizes the gentleman from Kentucky, the chairman of the full committee, for five minutes for questions.

Rep. Guthrie (KY-2)1:45:18 – 1:46:01

Thank you. Mister Falcone, you mentioned the the King's humor, British humor is always around, isn't it? Uh, it was, I just wanna say it was, it was uh, uh, he got the irony, I think, when he was celebrating a document that uh says these colonies are absolved from all allegiance to the British crown. That's actually in the Declaration of Independence. It was, it was interesting day yesterday, so I appreciate that. So I'll get back to the subject in hand. So we all want make sure the, we all wanna make sure the locals don't uh bear the burden and pay for the energy required by data centers. This, I think everybody on this committee is there. So, Mister Myers, Mister Falcone, Mister Peeler, would you talk briefly why it's necessary to plan both generation and transmission upgrades together, uh, to design an affordable system? So it must, you have to have both.

Nick Myers (Witness)1:46:03 – 1:46:29

Yeah, I think you do have to have both. Um, the, you don't need transmission unless you have the generation. So, um, you don't get the power where it needs to go unless you have the transmission. So, um, I I think it's imperative that both get planned together so that the the total system upgrade cost can be calculated and that cost can be appropriately allocated to the customer I think um that's probably I I'm gonna repeat myself so

Rep. Guthrie (KY-2)1:46:29 – 1:46:33

All right, good sir, Mister Falcone. Yeah, well, yeah, get come to quick answers for both of them and then Mister Peeler.

Tom Falcone (Witness)1:46:34 – 1:46:55

Uh, Jerry Guthrie, I agree that uh you start by identifying a need a traditional utility planning process, we have a need, and then you look at all the alternatives, you look at the generation alternatives, you look at the transmission alternatives, you rank them, and then you compete those uh different alternatives against each other, and you build what's the lowest cost, taking into account the full value of every resource. That that's traditional utility planning.

Rep. Guthrie (KY-2)1:46:55 – 1:46:56

Thank you. Mister Peeler?

Nelson Peeler (Witness)1:46:56 – 1:47:17

Yeah, just to add to that, the it's a system, right? There's a there's supply, there's demand, there's transport, which is your transmission. That's how it actually operates and to build the most optimal system, you need to be able to adjust each of those inputs. So you need to be able to have more generation or less generation, more transmission or less. That's the most optimal way to design.

Rep. Guthrie (KY-2)1:47:17 – 1:48:04

OK, thanks. And so for the three of you as well, start with Mister Meyer. You know, we're looking at one of the big discussion points here is transmission and how you build transmission lines and and state and local versus federal allies in the transmission system uh and also who pays for it cost allocation those who use the power, just as it passes through your community to pay for it. So those are legitimate discussion points and honest ones we're having to try to come to some solution. So I I just wanna ask in in that vein, so available data shows that state citing a permitting for transmission does work pretty well from twenty to twenty-five over twenty-nine thousand miles of new voltage transmission lines were built in nine states twice as much as pipelines approvals so Mister Meyer is there a do you see a transmission problem that does require federalizing the the permitting process for transmission?

Nick Myers (Witness)1:48:05 – 1:48:06

Out in the west, I do not.

Rep. Guthrie (KY-2)1:48:07 – 1:48:11

Do you think it would be helpful or benefit I mean, you don't you you can build what you need to build, do you think, for transmission?

Nick Myers (Witness)1:48:11 – 1:48:27

We we can build what we need to build. Our utilities out in the west typically do a pretty good job of making sure that the transmission that's needed is built. Um, I think the co- the question becomes how do the costs get allocated? If if the transmission is built for a specific customer, it's tough to isolate those out,

Rep. Guthrie (KY-2)1:48:25 – 1:48:25

Mm-hmm.

Nick Myers (Witness)1:48:27 – 1:48:29

and that's where we could use some fir- some help from FERC.

Rep. Guthrie (KY-2)1:48:30 – 1:48:41

Okay, so, Mister Peeler, on so we have the west. So uh what about transmission? D- d- does it need requiring federal permit to do transmission in or both?

Nelson Peeler (Witness)1:48:40 – 1:48:50

It d- it does not. It's rare that there's federal permitting issues. So the states typically oversee the the local build. That covers a majority of what needs to be built in our in our region.

Rep. Guthrie (KY-2)1:48:51 – 1:48:52

Okay, Mister Falcone.

Tom Falcone (Witness)1:48:53 – 1:49:01

Um, most things are are permitted at the state level. There are those exceptions where they have a federal nexus. I I think we're generally in favor of good planning processes.

Rep. Guthrie (KY-2)1:49:01 – 1:49:02

Mm-hmm.

Tom Falcone (Witness)1:49:02 – 1:49:09

Uh, but I would uh echo Mister Peeler in that to the extent you have planning processes it really need to be integrated uh it has to be local,

Rep. Guthrie (KY-2)1:49:06 – 1:49:06

Mm-hmm.

Tom Falcone (Witness)1:49:09 – 1:49:14

it has to be regional, it has to be state. We can't have separate planning processes, it it just sets things a little higher.

Rep. Guthrie (KY-2)1:49:14 – 1:49:28

So is there is there some um need? Because there if you're gonna build transmission lines not just that are bigger and broader as we grow, is there a need for some federal role if there's uh an issues at state, local level? And how would that work? Uh, and Mister Falcao, maybe you're the right one to answer this, if

Tom Falcone (Witness)1:49:28 – 1:49:58

Sure. I, we have existing planning processes at the local and the regional level, especially that are far condoned. Uh, we don't have necessarily an inter-regional planning process. Uh, if someone were to add one, uh, I do think it's very important that that work with the existing planning processes. Uh, it goes back to your initial question. Uh, we have built things that are inter-regional in the country in the past. It comes to evaluating what are the best options, and to do that evaluation, you have to have an organized process, especially to the extent

Rep. Guthrie (KY-2)1:49:58 – 1:50:08

See, I think if there is a FERC role, if we determine there needs to be a FERC role, it needs to be part of the current system, not separate a separate distinct and and preemption, I guess would be the right word.

Tom Falcone (Witness)1:50:09 – 1:50:12

We agree that it should be integrated with the existing processes.

Rep. Guthrie (KY-2)1:50:13 – 1:50:20

Hopefully, I've lost my uh time, but I was gonna look at it how we allocate the cost of doing that as well, and so hopefully somebody'll ask that question and then I'll submit it.

Rep. Mullin (CA-15)1:50:17 – 1:50:18

Mm.

Rep. Guthrie (KY-2)1:50:20 – 1:50:22

Uh, yield back, Mr. Chair.

Rep. Latta (OH-5)1:50:21 – 1:50:28

Thank you very much, the gentleman yields back the balance of his time. The chair now recognizes the gentleman from California's fifty.

Rep. Mullin (CA-15)1:50:31 – 1:51:26

Thank you, Mr. Chair. Uh, thank you to our witnesses for your testimony today. I know that energy affordability is top of mind for all of our constituents, and I'm hoping uh, hopeful that some of the proposals we're discussing today will protect rate payers and improve the efficiency of the grid. As the witnesses have highlighted, we need to avoid overbuilding expensive infrastructure whose costs ultimately fall on households. One way to do that is through demand flexibility, virtual power plants, which aggregate energy storage and other flexible resources can now orchestrate supply and demand across the grid. In fact, DOE DOE says technologies could effectively provide eighty to a hundred and sixty gigawatts of capacity, equivalent to ten to twenty percent of peak energy demand, while reducing costs by ten billion a year. If we're going to talk about improving grid capacity, I wanna make sure that demand response programs and the virtual power plants

Nelson Peeler (Witness)1:51:53 – 1:51:56

Yeah, so we consider demand side resources as we consider other

Rep. Mullin (CA-15)1:51:53 – 1:51:53

Yeah.

Nelson Peeler (Witness)1:51:57 – 1:52:26

when we do integrated resource planning. And we have demonstrated that those demand side programs can support, you know, capacity, uh, in, uh, you know, peak times. So we're very supportive of demand side programs, but just like all other resources, whether that be natural gas or whether that be renewals, they have their certain characteristics. So they can't fully replace dispatchable generation, but they absolutely are an important complement in the overall resource mix.

Rep. Mullin (CA-15)1:52:28 – 1:52:59

I'm glad to see on the agenda the affordable innovation for the Grid Act, which focuses on using AI to improve the grid. First, Commissioner Rosner noted last year that advanced computing tools can reduce the time it takes to perform grid interconnection studies from two years to a matter of days. So, Ms. Muz, are there specific ways that Congress can encourage adoption of these tools by utilities? and grid operators perhaps through a rule making technical assistance or a sharing of best practices

Whitney Muse (Witness)1:53:00 – 1:53:33

think all of the above would be helpful uh building on um commissioner Rosner's letter he to the ISOs that he sent uh you know he highlighted a number of opportunities where companies like pearl street technologies grid unity and tapestry are already working with the ISOs to to streamline the interconnection processes we'll also highlight that grid unity is a company that received funding from DOE via the grip uh grant process in twenty twenty three or twenty four to help uh accelerate interconnection processes and so funding and support from the department of energy is also uh ways to be helpful funding and technical assistance.

Rep. Mullin (CA-15)1:53:34 – 1:54:05

Thank you for that. So, while I appreciate the bills being discussed today, one topic I see missing from these proposals is a solution that tackles grid supply chain issues. Access to raw materials underpins many of the efforts being discussed today. And we need to focus on innovation, commercialization and workforce development to secure our supply chains for the grid. I look forward to working with my colleagues in this committee to advance legislation in this critical area along with some of the bills that are being discussed today. And with that, I yield back.

Rep. Latta (OH-5)1:54:07 – 1:54:23

Well, thank you very much. Pardon me. The gentleman yields back the balance of his time and the chair now recognizes the gentlelady of the at-large member for the state of North Dakota for five minutes for questions.

Rep. Fedorchak (ND)1:54:23 – 1:54:58

Thank you, Mister Chairman, uh thank you all for being here today, and thank you, Chair Guthrie, for including two of my bills, the Fair Act and the High Capacity Grid Act. These bills would help unlock more electricity in an age of increasing dem- demand due in large part to large load growth across our country. i wanna start with a question for each of you just a yes or no question do you think it's fair for americans to pay for infrastructure upgrades from large loads i'll start with you mister peeler yes or no

Rep. Latta (OH-5)1:54:59 – 1:54:59

no

Rep. Fedorchak (ND)1:55:00 – 1:55:07

how about you mister falcon miss muse ok and mister meyers

Rep. Latta (OH-5)1:55:07 – 1:55:07

no

Rep. Fedorchak (ND)1:55:08 – 1:55:20

excellent again a follow-up question yes or no in your experience have large loads such as data centers shown a willingness to pay for necessary upgrades mister peeler

Rep. Latta (OH-5)1:55:21 – 1:55:21

yes

Rep. Fedorchak (ND)1:55:22 – 1:55:24

miss fuse muse

Whitney Muse (Witness)1:55:24 – 1:55:24

yes

Rep. Fedorchak (ND)1:55:25 – 1:55:26

ok mister falcone

Rep. Latta (OH-5)1:55:26 – 1:55:27

yes

Rep. Fedorchak (ND)1:55:27 – 1:55:28

mister meyers

Rep. Latta (OH-5)1:55:28 – 1:55:29

yes

Rep. Fedorchak (ND)1:55:30 – 1:56:57

thank you uh we all agree and so does the president that it's unfair for americans to pay for infrastructure upgrades that they don't need And, good thing is, large loads are willing to pay for the upgrades necessary to meet the increased demand that they're causing. So I would say that there is a false narrative right now about how large loads will drive up energy costs for everyday Americans. And my home state, I have some experience here, my home state of North Dakota is carefully designing rates with large loads that are bringing down costs for North Dakota families. The graph behind me illustrates this well. Five hundred and thirty megawatts of new load is coming to the MDU uh territory, two hundred megawatts is already here, and the result is that more than thirty million dollars in savings over the past three years, averaging two hundred fifty dollars annually per customer. costs decrease. The utility expects this number to rise to thirty million in savings annually, all back to North Dakota families. Mister Peeler, can you af- talk about how effective contracts or rates with large loads help decrease costs for other customers?

Nelson Peeler (Witness)1:56:59 – 1:57:29

Yeah, so um effective uh as we talked about earlier, we use electric service agreements, which are long-term commitments from these assures their their load needs and it assures their financial backing to pay for the infrastructure. And essentially, as you've illustrated with your graphic, uh those large users of energy pay more of the fixed cost of the total system, uh and therefore it reduces cost left for the remaining customer classes such as residential and commercial.

Rep. Fedorchak (ND)1:57:29 – 1:57:56

Thank you, Mister Peeler. So what you're saying is when you spread fixed costs, to supply power over more volume, the cost for each kilowatt goes down, and that's exactly what's happening in North Dakota. Similarly, another question, and this is yes or no, is it fair for states with aggressive energy mandates to pass the cost of meeting those mandates on to other states that don't share those same mandates, or goals? Mister Peeler.

Nelson Peeler (Witness)1:57:57 – 1:57:57

No.

Rep. Fedorchak (ND)1:57:58 – 1:57:58

Miss Mews?

Whitney Muse (Witness)1:58:00 – 1:58:02

Think it depends where those mandates are.

Rep. Fedorchak (ND)1:58:03 – 1:58:06

so that's an yes um mister falcone

Tom Falcone (Witness)1:58:07 – 1:58:14

uh yes with the we're very sympathetic that you should um people should pay relative to their benefits

Whitney Muse (Witness)1:58:14 – 1:58:14

that's true

Rep. Fedorchak (ND)1:58:14 – 1:58:17

just a yes or no should the states with the

Whitney Muse (Witness)1:58:15 – 1:58:16

yeah

Rep. Fedorchak (ND)1:58:17 – 1:58:21

goals pass the cost of meeting those goals to states that don't have those goals yes or no

Tom Falcone (Witness)1:58:21 – 1:58:29

they they shouldn't pass the cost but the one catch is sometimes infrastructure has benefits to everyone and and that gets into appropriately allocating benefits across

Rep. Fedorchak (ND)1:58:28 – 1:58:32

sure got it ok and then lastly mister meyers

Whitney Muse (Witness)1:58:32 – 1:58:32

no

Rep. Fedorchak (ND)1:58:33 – 1:59:21

All right. I think it's that clear Americans should not be burdened with costs from energy infrastructure that they don't cause, both from state policy decisions or if it's new industrial loads. And that's why I introduced the FAIR Act. It reduces it requires states to pay their own e- for their own energy goals and not pass them on to rate payers in other states who do not share those goals. And I wanna end with this. Why is this important? Because as shown by the graph behind me, transmission costs, transmission costs are the key driver of increased electricity bills today. We have to get the cost allocation right. That's what we're trying to do here today. And with that, I yield back.

Rep. Latta (OH-5)1:59:22 – 1:59:42

Thank you very much. The general lady yields back. And the chair now recognizes the general lady from Virginia's fourth district, for five minutes from oh, I'm sorry, I'm sorry. uh the uh chair recognizes the ranking member of the full committee uh the gentleman from new jersey five minutes for questions sorry about that

Rep. Fedorchak (ND)1:59:42 – 1:59:47

oh that's alright who was gonna go next jim you wanna go next

Rep. Pallone (NJ-6)1:59:48 – 2:00:31

oh alright i'll i'll i'll get done here um for well over a year democrats in this committee have argued that large consumers of electricity like data centers need to pay their fair share for power anything less and families across the country will wind up paying for big tech's investments in technologies like artificial intelligence. And reports over the past year have found that residential repairs have wound up footing the bill for grid infrastructure needed to serve data centers. So we have to find a way to make data centers pay the cost of the grid investments they're spurring. So, Miss Mews, I have three questions I'm gonna try to get through here. Uh, first, what steps can Congress take to help insulate families from costs associated? with data centers.

Whitney Muse (Witness)2:00:33 – 2:00:59

Thank thank you for the question. I think that Congress can continue to support the uh the needed needed covering of costs for not just generation, but also for transmission, right? It is the grid upgrades that are driving many of the costs that it cost increases in electricity rates. I think support for transmission invested investment through grant programs, tax credits and more can help socialize the costs uh across the entire country through the tax base rather than through the rate basin on the back of all the rate payers.

Rep. Pallone (NJ-6)2:01:00 – 2:01:34

OK. Now, oh thank you, but I wanna switch gears uh to talk about a bill that I have a number of concerns about and I expressed in my opening and that is the Fair Act. Currently, FERC sets rules to ensure that utilities all pay their fair share for power lines that help an entire regional or inter-regional power grid. But the Fair Act upsets those rules and could wind up, in my opinion, making it harder to build the important power lines we need to help bring costs down and ensure that the lights can stay on. So, Miss Mews, do you think the Fair Act would make it harder to build and pay for important, high voltage interstate power lines?

Whitney Muse (Witness)2:01:35 – 2:01:46

I agree and share your concerns that the uh the Fair Act will make it much harder to build inter-regional transmission that high capacity transmission that is most needed to improve reliability and resilience of the grid across the country.

Rep. Pallone (NJ-6)2:01:46 – 2:01:48

But would you tell me why you think that?

Whitney Muse (Witness)2:01:49 – 2:02:12

Absolutely. I think we have states have a variety of policies, right? And the reliability benefits that are gained from increased well-planned long-range transmission, as well as a lower cost over the entire footprint happen regardless of what the state policies are. And so when you have a process that upsets the co- the existing planning and cost allocation processes, you make it much chow- much more challenging for all those that benefit from transmission to be able to pay for it.

Rep. Pallone (NJ-6)2:02:13 – 2:02:22

OK. And I think one important lesson to take away from today's hearing is that we have to have a bigger, more resilient power grid, not a smaller fragmented one.

Whitney Muse (Witness)2:02:22 – 2:02:23

Absolutely.

Rep. Pallone (NJ-6)2:02:22 – 2:02:27

Uh, but in in the bipartisan infrastructure law, Congress gave the Department of Energy a number of

Whitney Muse (Witness)2:02:54 – 2:02:57

This is great. So, Congress gave the grid deployment office at

Rep. Pallone (NJ-6)2:02:55 – 2:02:55

Mm.

Whitney Muse (Witness)2:02:57 – 2:04:51

the Department of Energy a number of programs to help accelerate grid deployment. We've heard about the Grid Resilience and Innovation Partnership program. That was a resounding success f- through its first two rounds of putting out nearly seven point six billion dollars of funding to projects across all fifty states. That is funding that was extraordinarily high, had extraordinary high demand. We had over fifty billion dollars worth of applications and so one of the things would be more funding for these grid resilience programs. Uh, it helps bring down the cost by providing some federal dollars to support the funding that utilities and others are putting in for their costs across the country. We're seeing those funding used for transmission upgrades, for new transmission, for the deployment of advanced conductors and grid enhancing technologies, as well as the use of of um technology for wildfire mitigation, improved monitoring and control of the grid, and more. This was also uh complemented with funding directly for transmission. The two point five billion dollar transmission Facilitation program allowed DOE to set up a revolving fund to accelerate transmission deployment. We often have a challenge where we know that we need to build a transmission line, but don't necessarily have the customers in place to do so at the b- at that time that we're setting up financing. The transmission financing, excuse me, transmission facilitation program helped get over the hump and really accelerate transmission. De- deployment, two and a half billion went through very quickly. We would love, the department would love more funding to continue to d- deploy dollars for transmission. Um, and there were a number of other programs, including those supporting the states, the Grid Resilience uh State and Tribal Formula grant program that gave all states, all tribes, all territories across the country opportunities to pair and partner with their utilities and others to identify needed investments, whether it is hardening the grid, um it is in inclusion of energy storage, but had a lot of opportunity to make very targeted grid resilience investments that help keep the lights on help to keep the grid more reliable and help bring down costs for American families.

Rep. Pallone (NJ-6)2:04:51 – 2:04:54

Alright. Thank you so much. Thank you, Mr. Chairman.

Rep. Latta (OH-5)2:04:55 – 2:05:03

Well, thank you very much. The gentleman, he goes back, and the chair now recognizes the gentleman from Ohio's twelfth district, for five minutes for questions.

Rep. Balderson (OH-12)2:05:03 – 2:06:45

Thank you, Mr. Chairman, and and thank you, Chairman Latta and Chairman Guthrie, for holding this important and timely hearing today and for including a draft of the Load Forecasting Enhancement Act. Our nation is at a crossroads. How do we win the AI race against China while lowering energy cost? Our constituents are seeing data centers pop up across their communities and are frightfully asking what we are doing to protect them from higher electric bills. The truth is, there is plenty Congress can do to make energy more affordable while supporting American innovation. Many of the bills before us today will certainly help, and I hope they can move forward with bipartisan support. But I must add, to ensure we can meet these growing demands, win the AI race, and prevent higher electricity costs, we also need to enact meaningful and lasting permitting reform. The House has already passed important legislation to reform the outdated NEPA process, address delays with the interconnection of new generation to the grid, prevent future administrations from shutting down base load power, and streamline the process for approving interstate pipelines. Again, I p- greatly appreciate the Chairman for holding this important hearing and urge my colleagues to listen to our constituents, and deliver on policies that modernize the grid protect rate pairs and get new power generation online to ensure that the lights stay on. My first question is for Mister Myers. Mister Myers, thank you for being here. Can you discuss why proper load forecasting is critical for planning purposes and protecting from under-building and even in some cases over-building? And how can inaccurate load forecasting harm rate pairs and increase electricity cost?

Nick Myers (Witness)2:06:46 – 2:07:23

Well, I think you uh hit the nail right on the head. You don't wanna overbuild because then you can't serve the loads that are coming in. Uh, you don't want to overbuild because then you have the potential of stranded costs that all get uh ultimately recovered by the rate payers. So, um, i- i- it's absolutely critical that we have, uh, for planning purposes, a an accurate forecast. And unfortunately, um, it's very difficult to get that when you've got multiple jurisdictions, um, dealing with the same customer and that same customer typically has blanket NDAs, for example, that allow um discussion and coordination between the entities.

Rep. Balderson (OH-12)2:07:23 – 2:07:32

Thank you. Um, Mister Falcon and Mister Peeler, would you like to add anything to that from the public power utility perspective? Mister Peeler, you can go first if you'd like.

Nelson Peeler (Witness)2:07:32 – 2:07:44

I would just add it's it's really important to require these large load customers to commit uh to their loads. So and the the primary way to do that is through financial obligation and that helps planning.

Rep. Balderson (OH-12)2:07:45 – 2:07:46

Thank you, Mister Faculty.

Tom Falcone (Witness)2:07:46 – 2:08:14

Yeah, I would agree with uh, Mister Peeler. One of the challenges that we have in load forecasting is that the entities on the other side also have uncertainty about what their needs are. It depends on their business growth, uh, cooling in the data center, the efficiency of chips, uh, and so they themselves don't know. And - and the best thing that we can do is have financial commitments from them, that uh, we'll build for you, but we need to hold our - our customers harmless. That's one of the best tools we have to ensure a good load forecast.

Rep. Balderson (OH-12)2:08:14 – 2:08:39

Alright, thank you both very much. Back to you, Mister Myers, in your testimony, you note the Load Forecasting Enhancement Act moves in the right direction by emphasizing transparency and coordination. You also note that the new PURAA standards should preserve flexibility while advancing national best practices. I certainly agree with you. Can you discuss why that flexibility is important?

Nick Myers (Witness)2:08:40 – 2:09:07

Yeah, um, I I've mentioned before, the West is not like the rest. Um, do a lot of things differently out there um and for good reasons and uh what we have found and and a perfect example of this would be the nineteen twenty that came from FERC, the FERC nineteen twenty order um that ends up being something that ultimately ends up being busy work for us or ends up tying our hands, so we need that flexibility so that we can can uh appropriately implement whatever policies.

Rep. Balderson (OH-12)2:09:08 – 2:09:12

Okay. Thank you. Mister Falcon, would you like to add anything about why this flexibility is important?

Tom Falcone (Witness)2:09:13 – 2:09:31

Um, everybody has very different circumstances throughout the country. We have different resources, different needs, we're facing different customer constraints. And, uh, it's like anything else. It, the, your ability to react locally to the problem that you specifically have, which may rhyme with someone else's problem, but may not be exactly the same, is very important.

Rep. Balderson (OH-12)2:09:32 – 2:09:50

All right, keep your mike on, sir. I wanna come right back to you and we have thirty seconds. Uh, in addition to the Load Forecasting Enhancement Act, do you think technical assistance from the Department of Energy or maybe our national labs could further help utilities and public power to incorporate or include accurate load forecasting methods. Fifteen seconds.

Tom Falcone (Witness)2:09:50 – 2:09:58

Yes, uh, uh, very briefly, uh, these are best practices and the better we research, the better we share those practices, the better off we're all going to be.

Nick Myers (Witness)2:10:00 – 2:10:00

Great job.

Rep. Latta (OH-5)2:10:01 – 2:10:09

Thank you very much. The gentleman yields back and the chair now recognizes the gentlelady from Virginia's fourth district for five minutes of questions.

Rep. McClellan (VA-4)2:10:09 – 2:13:16

Uh, thank you, Chairman Latta and Ranking Member Caster. for holding this very important hearing today and i wanna thank the witnesses for being here um congress must address the growing impact of data centers on energy affordability for families and businesses especially as energy demand is expected to grow exponentially uh some would say explode in the coming years and while i'm glad that my colleagues on the other side of the aisle appear to now understand the importance of the affordability issue their sudden focus feels a little bit too late. Energy prices have skyrocketed for most of twenty twenty five uh but not until the trump administration carelessly ensnared the united states in a reckless and costly war of choice with iran pushing energy prices up even higher that we focused a hearing specifically addressing the alarming impact the data centers could have on energy affordability going forward and to keep energy affordable ensure that we are meeting demand and responsibility to responsibly power the industries of the future, we must bring cheap and affordable and reliable renewable energy online at a faster pace. Yet, my colleagues across the aisle and President Trump have devoted much of their time this past year, cancelling billions of dollars of incentives to bring cheap, clean energy online, and have cancelled billions of dollars in clean energy projects that would have helped us meet long-term demand. Our failure to expand clean energy capacity will have severe repercussions on energy affordability, which is only exacerbated by our failure to move forward any meaningful reforms to modernize and update the power grid. Now, my constituents, along with the entire Commonwealth of Virginia and fifty-eight million Americans, are in the PJM market. We have discussed PJM's disastrous capacity auctions several times over the past year And electricity prices in Virginia are fourteen percent higher than before President Trump took office. And while fixing PJM's power markets must be a priority, that will take years. And my constituents need relief now. And as you're probably aware, Virginia is the data center capital of the globe, with well over six hundred data centers online or in the process of being built. Um, and Virginians have borne the brunt of the data center's impact. Virginia's utility regular regulators and Dominion Power, one of our largest investor-owned utilities, foresaw this issue and recently took steps to help protect residential ratepayers from low growth issues by introducing a new electricity rate class for large electricity customers like data centers. And I am hopeful that this will help ease the financial burden that Virginians are facing. Now, Mister Myers, Arizona is another state that implemented a large load tariff similar to Virginia's uh new dominion rate class. Can you talk about Arizona's experience crafting large load tariffs and how they can be critical to walling off infrastructure costs associated with data centers?

Nick Myers (Witness)2:13:17 – 2:14:01

Yeah, um, we are generally fairly flexible with uh the way we we are handling the large loads. Uh, we do have large load tariffs, at least in i- i- in a couple of our utilities, but those currently are set at around the twenty megawatt rate. Um, the the recent high load workshop that we had is starting to focus more on the the three hundred megawatt um level uh uh um incoming, you know, high loads. But um, generally speaking, it it is pretty much well established uh from that that workshop that um, we need a a tariff that defines some certainty, but then we need the flexibility by having the the energy services agreement on top of that tariff.

Rep. McClellan (VA-4)2:14:02 – 2:14:47

Thank you for that. Um, moving on to the specific bills in today's hearing, I have some concerns about HR sixty three thirty six. Uh, the bill and the first complaint that inspired it are focused primarily on generation policies. But when you look at the language of the bill itself, there's a much larger impact. The bill defines a covered policy, the policies that trigger the bill's provision, as any policy of a state or local municipality, and I'm worried that that definition could catch many policies in its wide, including, for example, land use policies for energy intensive industries. So, Ms. Mews, do you think it's a good idea to apply different cost allocation rules to any transmission need driven by state policy, even if policies are not directly related to energy?

Whitney Muse (Witness)2:14:48 – 2:15:15

I share your concerns around the broad nature of the the FAIR Act and that there's a wide swath of policies that could get caught in that net, uh, of state and local policies that, if that legislation passes, would be applied and get caught into the transmission cost allocation process. We need more inter-regional transmission. PGM is a great example of that, of transmission both inter-regionally and regionally. And so the ability to accelerate deployment of transmission and not processes and legislations that would slow it would be helpful.

Rep. McClellan (VA-4)2:15:15 – 2:15:17

I thank you for that and I yield back.

Rep. Latta (OH-5)2:15:17 – 2:15:25

Thank you very much. The gentleman yields back. The chair now recognizes the gentleman from Alabama sixth district for five minutes for questions.

Rep. Palmer (AL-6)2:15:25 – 2:16:14

Thank you, Mr. Chairman. Uh, the hearing today is about protecting rate payers' don't. wake of the data center growth throughout the country. Uh, power generation, water usage, housing affordability, all are part of local conversi- conversations and the Knot in my Backyard issues surrounding data center build-out. I would add to that the Knot in my Backyard issue with transmission lines. Um, Chairman Myers, uh, in your written testimony, I I noticed that you said when large loads come into the system, the infrastructure required to serve them needs to be funded by those those loads, and I assume you mean um sort of whatever the company is that that that requires this additional power. Is that would that be accurate?

Nick Myers (Witness)2:16:14 – 2:16:17

That's correct. The cost causers should be the cost payers.

Rep. Palmer (AL-6)2:16:17 – 2:16:24

All right. I I meant to look up to see how many um if any coal-fired power plants have been shut down in Arizona.

Nick Myers (Witness)2:16:25 – 2:16:38

Currently we've had uh two that were shut down, one of them um was just recently last year. The others are still operating, but we just approved them to be converted to natural gas. So they will be remaining open for the foreseeable future.

Rep. Palmer (AL-6)2:16:38 – 2:16:43

But, but currently you have uh a couple that are shut down with no conversion.

Nick Myers (Witness)2:16:45 – 2:16:52

Um, well, one of them was shut down a number of years ago and leveled. It will not be converted. The other one, there are discussions about converting it to natural gas and reopening it.

Rep. Palmer (AL-6)2:16:52 – 2:16:57

Are the transmission lines still in intact? Don't uh does it still use Well,

Nick Myers (Witness)2:16:55 – 2:16:56

There are.

Rep. Palmer (AL-6)2:16:57 – 2:17:11

wouldn't it make more sense to um power the uh put small modular reactors on there uh based on the design capacity transmission lines and and empower your data center but also increase the base load power for the surrounding communities.

Nick Myers (Witness)2:17:11 – 2:17:17

Those are absolutely options that are on the table. Um the some of the discussions need to center around water use obviously,

Rep. Palmer (AL-6)2:17:17 – 2:17:18

Right.

Nick Myers (Witness)2:17:17 – 2:17:19

um and there's a but yes.

Rep. Palmer (AL-6)2:17:19 – 2:17:23

Well the water use is a huge issue in in Arizona obviously,

Nick Myers (Witness)2:17:22 – 2:17:23

Correct.

Rep. Palmer (AL-6)2:17:23 – 2:17:50

which is probably gonna be a limiting factor in in building data centers there, but the main thing that I wanna um point out is that um that we've gotta focus on what is the best way in terms of dispatchable power to provide uh baseload power um in those areas. Um Mister Peeler, uh would you agree that demand itself is not the risk, but the lack of proper planning for power generation?

Nelson Peeler (Witness)2:17:53 – 2:17:55

I'm sorry, could you repeat? I I couldn't hear your question.

Rep. Palmer (AL-6)2:17:55 – 2:17:57

I have a southern accent, I might need an interpreter,

Nelson Peeler (Witness)2:17:58 – 2:17:59

I'm used to that.

Rep. Palmer (AL-6)2:17:59 – 2:18:41

Okay. Would you agree that demand itself is not the risk, but the lack of proper planning uh for power generation? In other words, we find ourselves right now in an arms race for artificial intelligence. We gotta build out these data centers. And we've known this for a while. And uh uh my perspective on it is is that we should have been working as hard as we could to get the small modular reactors approved, commissioned, and and located in in in positions where we could provide the power that we need without raising utility rates for everybody else. Uh, so w- w- question remains, would you agree that it's a lack of proper pa- uh, planning for power generation?

Nelson Peeler (Witness)2:18:42 – 2:18:50

Yeah, certainly, the uh an integrated plan of planning generation and transmission together certainly is key to serving this load. So, I would agree with your comment.

Rep. Palmer (AL-6)2:18:50 – 2:18:59

So, w- is it your experience that the data center operators are attempting to generate their own power behind the meter so as not to pull from the grid.

Nelson Peeler (Witness)2:18:59 – 2:19:09

So in my experience is most of them are not interested in building their own. They're they're more interested in being served by uh by the grid itself.

Rep. Palmer (AL-6)2:19:09 – 2:19:45

OK, um then going back to uh my discussion with Mister Myers, does it make more sense that we build small modular reactors uh in uh particularly in these areas where they've shut down coal-fired power plants but the transmission lines are still intact. Because going back to Mister Meyer's point about asking the the large load users to pay for everything the the the infrastructure and the transmission lines you still have all these other issues related to permitting and the not in my backyard issues. If we wanna do this in a in expeditious manner, doesn't it make more sense to go with the small modular reactors?

Nelson Peeler (Witness)2:19:46 – 2:20:00

So s- so certainly small modular reactors are a definitely an important asset for the future and uh to your other point reusing existing infrastructure. transmission infrastructure is a a very important concept uh to make this effective.

Rep. Palmer (AL-6)2:20:01 – 2:20:29

OK. Mister Chairman, that's My point has been all along is that I think we have some common agreement, just some of my colleagues on the other side of the aisle, they it they they support the SMRs from the perspective of emissions, but I do think this is the most expeditious way that we can address the power needs that we we're facing right now. for um artificial intelligence uh competition with china i yield back

Rep. Latta (OH-5)2:20:31 – 2:20:40

well thank you very much the gentleman yields back balances time and the chair now recognizes the gentle lady from california seventh district with five minutes for questions

Rep. Matsui (CA-7)2:20:40 – 2:23:04

thank you very thank you very much mr. chairman i wanna thank you and ranking member caster for having this hearing today and thank the witnesses for being here today it's been almost four years since republicans took over this committee and almost four years since chap GPT was released to the public in twenty twenty two. For four years we've been talking about rising electricity demand from AI, and the impact on Americans' electricity bills. But in four years, my Republican colleagues have only made the problem worse. Last year, Republicans big ugly billed slash tax credits for clean energy products, rooftop solar, and energy efficient home appliances, and that definitely did not help. Then the Trump administration tried to cancel hundreds of millions of dollars for infrastructure projects that were upgrading the power grid to deliver more power for less money. That definitely didn't help either. Then Republicans on this committee spent months trying to gut efficiency standards for home appliances which have saved American families hundreds of dollars every year. Once again, that definitely didn't help. So here we are four years later. I'm glad my Republican colleagues are actually having this hearing. And I th- think some of the bills we're considering today are a good first step. But frankly, Republicans are a dollar short and four years too late. Democrats have put forward a range of solutions that will bring down electricity costs. But Republicans have refused to work with us. Clearly, they don't take this problem seriously. I support the use of advanced transmission technologies. And I'm glad to see Republicans on this committee supporting these technologies. But where were my Republican colleagues when the Trump administration illegally canceled dozens of DOE grants that supported those same technologies? Some of these grants have been reinstated with new conditions, but the pointless uncertainty and delay has a cost. Ms. Muce, you helped run the DOA grid deployment office, which is responsible for the grip resiliency and smart grid grants. I call it the bipartisan power-on act, which was included in the infrastructure law and created the grip grant program. Miss Mews, how did the grip program support advanced transmission technology technologies? And can you give me some examples of projects that were canceled?

Whitney Muse (Witness)2:23:05 – 2:23:32

Certainly. The grid resilience and innovation partnership program uh had ten point five billion dollars available uh through the bipartisan infrastructure law, And part of the prior- some of the prioritized areas that we supported through the grid resilience and the Smart Grid grants were to deploy grid enhancing technologies to increase capacity on the grid to use AI and drone technologies to help with transmission line inspect inspections, AI and machine learning technologies to help accelerate the interconnection processes and more.

Rep. Matsui (CA-7)2:23:32 – 2:23:52

OK. Um, this meeting's the goal of this hearing is to consider legislation that will help power AI data centers without raising residential rates. But the GRIP grants were already doing that before they were canceled. Can you give me an an example of how GRIP projects were helping to expand the grid without increasing residential rates?

Whitney Muse (Witness)2:23:53 – 2:24:15

Absolutely. Uh, in your home state of California, there was an over six hundred million dollar project led by the California Energy Commission to the California harnessing advanced reliable grid enhancing technologies for transmission which was a public- private partnership to drive large-scale expansion of transmission capacity. and improvements to the interconnection process to increase and accelerate equitable access to renewable energy across California.

Rep. Matsui (CA-7)2:24:14 – 2:24:29

OK. Thank you. Um, Mister Falcone, a number of grip grants were awarded to public utilities. What's it like for a public utility suddenly and without warning lose a multimillion dollar grant that the federal government has signed a contract to deliver?

Tom Falcone (Witness)2:24:31 – 2:24:48

Um, Rep Matulio, obviously it uh whenever we have changes and uh we're going down a certain path and then have to go down another path, causes some challenges and uh in the case of your home district with SMUD I know they were awarded such a grant and they had to uh reprioritize their their needs.

Rep. Matsui (CA-7)2:24:44 – 2:25:01

right sure ok uh Mister Peeler there's been a lot of interest in how flexible data centers can be in terms of how much energy they use and when can you explain what that means and how duke is approaching data center flexibility

Nelson Peeler (Witness)2:25:03 – 2:25:12

yeah we're working with data centers and with research organizations like EPRI to determine what value and how to attribute the value of flexibility. Uh,

Rep. Matsui (CA-7)2:25:12 – 2:25:12

OK.

Nelson Peeler (Witness)2:25:12 – 2:25:17

still early, um, but, you know, we're optimistic that there'll be some opportunity there for them to provide flexibility.

Rep. Matsui (CA-7)2:25:18 – 2:25:31

OK, we've we've seen reporting that electricity usage from data centers can be highly variable due to rapidly changing compute demands. Has that presented challenges to utilities from a reliability standpoint?

Nelson Peeler (Witness)2:25:33 – 2:25:34

Yes, it's a challenge.

Rep. Matsui (CA-7)2:25:34 – 2:25:56

OK, OK. Um, Mister Falcone, unlike for public for-profit utilities, public utilities are accountable to the rate payers, and that makes public utilities particularly sensitive to rate increases. Can you give real-world examples how the public utilities are managing to accommodate new data centers and other commercial customers without raising residential rates?

Rep. Latta (OH-5)2:25:57 – 2:25:59

Um, I'm could I I'm sorry to interrupt,

Nelson Peeler (Witness)2:25:57 – 2:25:57

Uh

Rep. Latta (OH-5)2:25:59 – 2:26:04

the general lady's time has expired, please should you uh provide a written response to that question for

Rep. Matsui (CA-7)2:26:04 – 2:26:04

Certainly.

Rep. Latta (OH-5)2:26:04 – 2:26:09

Thank you. The uh chair now recognizes the General Lady from

Rep. Harshbarger (TN-1)2:26:06 – 2:26:06

I

Rep. Latta (OH-5)2:26:09 – 2:26:12

Tennessee's First District for five minutes for questions.

Rep. Harshbarger (TN-1)2:26:13 – 2:26:13

Thank you,

Rep. Matsui (CA-7)2:26:13 – 2:26:13

Thank you.

Rep. Harshbarger (TN-1)2:26:13 – 2:27:23

Mister Chairman, and thank you to the witnesses for being here today. Uh, I want to thank you for taking the time to speak about the urgency to meet energy demand. Um, you know, it's simple economics, demand is surging and if we want affordable rates we need to s- supply to match. Uh, and that means improving the capacity of our existing grid in building uh reliable generation to connect to the grid, and that was yesterday. I've heard from several stakeholders, including TVA and MISO, PJM, that AI and advanced computing tools can be one of the keys to enhance grid capacity operations and reliability. And just to put it in real terms, there was an operator, one operator, that slashed a single step of its interconnection study process from nearly two years to ten days. and that's monumental when it comes to energy. And I have a bill called the Affordable Innovation for the Grid Act, which will help identify opportunities to enhance our grid through AI and find out what are the obstacles that are slowing down deployment. So, Mister Peeler, what can uh advanced computing actually do for the grid right now, and what's standing in the way?

Nelson Peeler (Witness)2:27:24 – 2:27:34

Yeah, so your your point about um utilization of AI and advanced computing for study work is is very valid. Uh, we're exp- we're looking at that as well, utilizing some of those tools.

Rep. Harshbarger (TN-1)2:27:34 – 2:27:35

Yeah.

Nelson Peeler (Witness)2:27:35 – 2:27:37

To your point, it does reduce that study time.

Rep. Harshbarger (TN-1)2:27:37 – 2:27:38

Yeah.

Nelson Peeler (Witness)2:27:38 – 2:27:49

Uh, it also reduces the management of the massive amounts of data. So I think support for those types of tools, uh, and, uh, best practices, you know, opportunities to support those is very valuable.

Rep. Harshbarger (TN-1)2:27:50 – 2:27:56

Great. Mister Falcone, how do we get more capacity out of the grid, uh, infrastructure we already have?

Tom Falcone (Witness)2:27:58 – 2:28:34

Well, there's a a number of things. Um, some of it is flexibility, but as we talked about a little bit earlier, there's limits on the amount of flexibility you can get because the customer's economics are different than our economics. But offering programs and allowing customers to choose whether they want to provide more flexibility to price is a very important thing. Uh, certainly spending every dollar efficiently. Uh, your bill, uh, does that by encouraging, um, you know, the research of technology. We've talked about advanced capacitors and others. Uh, I think the important thing is to support and encourage these technologies, but not necessarily to mandate their use because it really depends on the use case.

Rep. Harshbarger (TN-1)2:28:34 – 2:28:56

Yeah, mandate is not a nice word. You know, earlier this year, TVA sent a letter to its local power companies asking for feedback on how to enable large load uh customers while protecting uh, you know, residents from undue uh cost increases. And, Mr. Myers, how are your members working with state regulators to ensure home

Nick Myers (Witness)2:29:03 – 2:29:26

yeah um well like i've i've kinda said um we are we are focusing on having a a clearly defined tariff but then having the the flexibility for the energy services agreement but the whole point of that is to make sure that costs are appropriately covered um even if we don't have direct insight into those costs for example, the the first transmission

Rep. Harshbarger (TN-1)2:29:27 – 2:29:27

Yeah.

Nick Myers (Witness)2:29:27 – 2:29:47

Uh, so, those, between the two of those, that allows us to tailor the the specific plan for that specific customer, so that they can can um cover all of the costs that's needed to upgrade their their facilities and and each one's going to vary differently because of location, uh, power needs in that area, things of that nature.

Rep. Harshbarger (TN-1)2:29:47 – 2:29:49

Yeah. Just a lot of variables.

Nick Myers (Witness)2:29:49 – 2:29:49

It is.

Rep. Harshbarger (TN-1)2:29:50 – 2:30:07

Mister Felcone, as we work to build new generation to modernize the grid and interconnect, new large loads what are some of the unique challenges for rural areas like my area and east tennessee uh and how do we ensure those rural communities are protected from subsidizing those data center costs

Tom Falcone (Witness)2:30:07 – 2:30:14

yeah one of the interesting things with that we've seen is we've seen a lot of demand in rural areas because those are places that you can generally build

Rep. Harshbarger (TN-1)2:30:14 – 2:30:15

yeah

Tom Falcone (Witness)2:30:15 – 2:30:24

uh and so uh i do think it's the importance of making sure sometimes these are served by very small utilities maybe they get their power from tva but it may have a local distribution utility

Rep. Harshbarger (TN-1)2:30:24 – 2:30:24

yeah

Tom Falcone (Witness)2:30:25 – 2:30:52

uh, helping in educating those small distribution utilities on the types of financial contracts and other requirements that we're seeing in places that are more advanced one of the bills in front of uh in front of you today does that because it mandates that everyone at least take a look at it and so I think that the, our leading edge utilities that have been dealing with this, if you're a duke or some of our members that have uh overwhelming demand are are a little bit further down the curve but ensuring that that knowledge is spread is very important.

Rep. Harshbarger (TN-1)2:30:53 – 2:31:12

It is because there's a lot of resistance in rural areas to build those data centers. And, you know, the local um I guess they're local mayors and, you know, commissioners, they they just don't want them. But they need to know. And we need to educate them on why they need it. So, thank you, sir. And with that, I yield back, Mr. Chairman.

Rep. Latta (OH-5)2:31:13 – 2:31:20

Thank you very much. The general A yields back. And the chair now recognizes the gentleman from New York's twentieth district with five minutes for questions.

Rep. Tonko (NY-20)2:31:21 – 2:32:33

Uh, thank you, Mister Chair and Ranking Member. Uh, I appreciate this hearing and I'm supportive of several of the bills before us today. Recently, Senator Chris Van Hollen and I have introduced the uh Power for the People Act, which proposes many of the same strategies to ensure that residential ratepayers are not footing the bill for data center's electricity demands. But I do worry that the suite of bills before us today is not comprehensive or ambitious enough to meet our current moment. For example, there's nothing to promote into regional transmission or demand reduction. With that said, I'd like to focus on a few areas where I do see opportunities for bipartisanship. Smart planning starts with accurate load forecasting, and we know forecasting these large loads is indeed challenging. We need better coordination amongst regions, states and utilities um to plan and predict our growing electricity demand and reduce um uncertainty. So I'd like to go down the line of witnesses, if you could just provide a yes or no. Can the federal government provide greater support to the entities responsible for conducting these forecasts? Uh, we'll start uh at this end, please.

Nick Myers (Witness)2:32:34 – 2:32:35

Can you can you re- say that again?

Rep. Tonko (NY-20)2:32:35 – 2:32:36

Sure.

Nick Myers (Witness)2:32:35 – 2:32:36

I I can't quite hear it.

Rep. Tonko (NY-20)2:32:36 – 2:32:46

Uh, just a yes or no response to uh whether or not the federal government can provide greater support to the entities responsible for conducting these forecasts.

Nick Myers (Witness)2:32:47 – 2:32:48

I think there may be room, yes.

Rep. Tonko (NY-20)2:32:49 – 2:32:49

OK.

Tom Falcone (Witness)2:32:50 – 2:32:54

Uh, yeah certainly, especially in spreading best practice and researching best practice.

Rep. Tonko (NY-20)2:32:54 – 2:32:55

OK.

Nick Myers (Witness)2:32:55 – 2:32:58

Yes. Yes.

Rep. Tonko (NY-20)2:32:58 – 2:33:33

OK. The Local Forecasting Enhancement Act provides a good start to address this challenge. My legislation, the Power for the People Act, takes a slightly different approach, but I think we're ultimately in agreement on the need for coordination and harmonization of practices uh across regions. Miss Mews, you worked at DOE and I assume you also work closely with the national labs. Um, do you believe there is a a a room for analyses, modeling, or technical assistance that DOE and the labs could provide to support improved load forecasting methods?

Whitney Muse (Witness)2:33:34 – 2:33:56

Absolutely. Load forecasting is incredibly dynamic and growing more so at where resources from DOE and from the national labs can be helpful I think also the technical assistance provided to uh the broad set of stakeholders stakeholders that are participating in the process would also be helpful drawing on DOE's years of of work with those stakeholders the regulators legislators the the policy and state energy offices is more.

Rep. Tonko (NY-20)2:33:57 – 2:34:37

Thank you and I'd also like to ask about the rate payer protection act. My legislation the power for the people act also seeks to encourage states through PERPA to create separate rate classes for these large loads ensuring that project developers cover the costs of any necessary generation transmission or distribution infrastructure upgrades. The majority's bill has set the definition of large loads at one hundred megawatts of power demand which is more than enough to power a small city. I've proposed fifty megawatts. Chairman Myers, what do you think is the right place uh to set that large load def uh defi uh definition at?

Nick Myers (Witness)2:34:38 – 2:34:45

Uh, as I um, as I mentioned uh in our last large load workshop in Arizona, it was pretty much agreed upon.

Rep. Tonko (NY-20)2:34:47 – 2:34:54

Okay. And Ms. Mews, what what do you think, is one hundred megawatts of demand too high a a standard?

Whitney Muse (Witness)2:34:55 – 2:35:08

I think you can bring in a lot more than just data center loads, and we ne- really need to be mindful of as we're crafting these these different classes. But the fifty megawatt threshold I think gives us more visibility into the data center loads that are coming on under that hundred megawatt threshold.

Rep. Tonko (NY-20)2:35:09 – 2:36:10

Thank you. The near-term load growth projections we are seeing are frankly hard to comprehend. To me they suggest that we cannot build all the necessary infrastructure fast enough, especially when coupled with major backlogs of grid and generation equipment. At the very least, we're going to need every tool at our disposal, and that includes grid enhancing technologies and reconductoring to maximize the performance of our existing infrastructure, uh, but also much more energy efficiency, demand response, and other strategies to reduce peak demand throughout the entire system. We're also going to need to make it easier to build cost-effective transmission. And yes, we're going to need more renewables. Um, there are g- these are good ideas being proposed at today's hearing, but if we actually want to address these issues without increasing costs for everyday Americans, uh, then we need to get serious about embracing policies that the majority has dismissed in recent years. And with that, um, I thank you, Mr. Chair, and I yield back.

Rep. Latta (OH-5)2:36:10 – 2:36:18

Well, thank you very much, the gentleman yields back and the chair now recognizes the gentlelady from Florida's fifteenth district for five minutes for questions.

Rep. Lee (FL-15)2:36:15 – 2:37:33

Uh-huh. And I'll just Thank you, Mister Chairman. After years of relatively flat demand, electricity use is rising rapidly, driven by AI, data centers, and advanced manufacturing. The challenge before us is straight forward. How do we build the power infrastructure America needs without shifting the costs and the risks onto families and businesses? We know the demand is coming. The question is whether we plan for it responsibly by protecting rate payers, maintaining reliability, and ensuring the grid is ready for long-term growth. Mister Peeler, I'd like to begin with you. In Florida, utilities like Florida Power and Light have taken a proactive approach to large load growth before major data center demand arrived, requiring data centers to pay their own way, fund a hundred percent of the infrastructure they drive, and commit to long-term contracts. with financial assurances so existing customers aren't left stranded with costs. At the same time, high load factor customers can help reduce pressures on rates by spreading fixed costs across more users. From your perspective, what are the key elements utilities need in place to ensure large load growth reduces not increases pressure on residential rates?

Nelson Peeler (Witness)2:37:34 – 2:38:24

Yeah, thank you for the question. So it As I've talked about before, it's very important to understand the the actual load and the need, and then to be able to plan an integrated solution for that, which is transmission, distribution, uh, or generation, as well as making a financial commitment from those large customers, so that those customers pay their share. And with states like Florida, uh, with the state oversight, the state is able to ensure that as those rates are set up, that those customers are paying their share, and that no subsidization is occurring from the residential commercial and other class of customers. So, primarily clear commitments from the large customers, which ultimately result in a financial long-term obligation so that that, uh, there's no, no subsidization to those residential customers.

Rep. Lee (FL-15)2:38:26 – 2:39:11

Thank you. And, Mr. Falcone, innovative grid technologies offer significant benefits in ensuring reliable and resilient energy delivery beyond their essential role in meeting electricity demand growth and enhancing grid efficiency. For decades, DOE has played a crucial role in commercializing these technologies through national laboratory test beds, competitive awards for private sector innovators, support for public-private demonstration projects, and technical assistance for industry. As a result, utilities in Florida, like the Tampa Electric Company, are already deploying many of these tools. How could a DOE clearinghouse help your members modernize their systems and improve the reliability and affordability of electric service for customers?

Tom Falcone (Witness)2:39:12 – 2:39:31

Uh, thank you for the question, uh, Representative Lee, I agree with everything you've said. I at the end, utilities, one of the wonderful things about utilities is that uh, we're not in competition with one another, we share a lot of best practices, we learn off each other, but someone has to go first, pioneer technology, try it out, and then share that best practice, and then everyone

Rep. Lee (FL-15)2:39:43 – 2:40:03

And your testimony also highlights the importance of distinguishing between committed, probable, and speculative load, particularly with data centers. How can utilities and regulators improve load forecasting so we don't overbuild costly infrastructure based on speculative demand, and ultimately pass those costs on to consumers.

Tom Falcone (Witness)2:40:04 – 2:40:54

It's a very challenging thing uh because load forecasting typically looks at uh what the past trends have been what customer inquiries have been but now we have some very large customers that are applying in many many places and it's almost like a free option and so that skews the the load forecast quite a bit and the information is on the other side of the table those customers know better what they plan to build than than we are ever going to know and so that is the importance of distinguishing and looking to financial commitments, because the financial commitment reveals that the uh entity is serious about building in that location and isn't just shopping around. So the bills that are here uh encourage that by uh spreading best practice on load forecasting but also looking for financial commitments in that Rate Pair Protection Act both are very very valuable to try and get to the right number. We don't wanna over-build, we don't wanna under-build.

Rep. Lee (FL-15)2:40:55 – 2:40:57

Thank you. Mister Chairman, I yield back.

Rep. Latta (OH-5)2:40:58 – 2:41:06

Thank you very much. The gentlel y yields back, and the chair now recognizes the gentlelady from Washington's eighth district for five minutes for questions.

Rep. Schrier (WA-8)2:41:09 – 2:43:30

Thank you, Mister Chairman, and thank you to all of our witnesses. Uh, AI brings both tremendous opportunity and risk. And I'm thankful to the chair for focusing on this really important, uh, topic, uh, focusing on the exponentially rising data center uh demand for energy and how to responsibly meet that need and also how to maximize the potential of our power grid. Uh AI impacts are a really big concern for my constituents in Washington state. The people I represent are worried about what the emergence of AI means for their jobs, for their privacy, and specific to this hearing, for their utility bills and keeping the lights on. Compared to last year, and you've heard this from several people, uh we are paying nearly fifteen percent more on our utility bills in the eighth district studies are showing that by twenty twenty eight the northwest energy supply may not always be able to meet energy demand during peak times uh much of this stems from the administration's rollback of needed investments that would bring affordable and clean energy to our grid some sl- stems from sluggish improvements to our grid and the exponential growth of data center energy consumption uh will add more and more demand. While these companies are expected to reap tremendous benefits from advancing AI using our data and our power, they cannot benefit off the backs of our hard-working families who are already being hit with rising utility bills. Uh if these big companies want the energy, uh these corporations are gonna have to reach into their own deep pockets to fund it, build it, and if needed, uh connected to the grid. Mister Falcone, you represent many community owned public utilities in Washington's eighth congressional district like Shuh- Snohomish and Chelan PUDs. Um, we also have a neighboring Grant PUD. The flexibility that local authority allows has enabled utilities to set up frameworks and cost-allocating policies that protect residential rate payers and they've all done it in a little bit of a different way what are some of the mechanisms that public utility districts in my state are using to protect rate payers as data centers move in

Tom Falcone (Witness)2:43:31 – 2:44:19

uh well thank you for the uh question uh the uh we have five members of LPPC that are in the state of Washington including the three members you just mentioned uh fortunately to date uh those members have benefited from having capacity available and they have uh marketed that capacity to large data centers so it's actually helped to to lower rates but they're now in a period where those inquiries though just new inquiries will require them to build new load and in each of those cases what they're looking for are those types of financial commitments from the other party uh to insure that uh the they're not you know the issue is you in Washington you have wonderful hydropower and very low rates uh the new cost to build is going to be up here and you wanna make sure that you charge your existing customers this rate, and the new customer this rate, and not a blended rate.

Rep. Schrier (WA-8)2:44:21 – 2:44:57

That's right. And they have done things like secure commitments to stay, to not just pick up and move all those computers, uh, when it's more convenient to go somewhere else, and to put the responsibility, uh, for energy, for transmission, and the like, uh, on these companies. Um, Mister Peeler, uh, you have detailed in your testimony that regional judgment is critical when making decisions on data center load growth on the federal level. Uh, how do we ensure that every rate payer nationwide is protected from these costs, while including these regional local considerations?

Nelson Peeler (Witness)2:44:59 – 2:45:33

So I think it's important that there be state and and local decision making as you just described in in in your district because those are the folks who are closest to the customers and closest to the issues I think from a federal perspective it's it's useful to set direction uh and outcomes not prescribe the exact policy. So I think this this body can prescribe some of those outcomes and objectives so that those local and state uh authorities can make those decisions best for their locality and customers.

Rep. Schrier (WA-8)2:45:33 – 2:46:08

Thank you. Uh and Miss Mews, I have barely any time left, thirty seconds, uh but you mentioned the importance of accurate forecasting. this is really hard to pin down, um partly because there is some unpredictability and partly because, these big corporations, uh, don't open their books. Um, is there anything that we can do to nudge data center developers to provide more accurate and complete data to power planners, uh, while respecting confidentiality? And you can submit that for the record if you don't have a short answer.

Whitney Muse (Witness)2:46:08 – 2:46:10

I don't have a short answer off the top of my head, so I will put that one into the record.

Rep. Fedorchak (ND)2:46:11 – 2:46:12

Thank you very much, yield back.

Rep. Latta (OH-5)2:46:12 – 2:46:20

Thank you very much. The general lady yields back. The chair now recognizes the gentleman from Texas's twelfth district, five minutes for questions.

Rep. Goldman (TX-12)2:46:20 – 2:46:29

Thank you, Mister Chairman, thank you to all the panelists for being here, uh, Mister Chairman, if it's okay with you, I'm gonna yield uh as much time of my five minutes as Miss Fodorchuk from North Dakota needs.

Rep. Latta (OH-5)2:46:31 – 2:46:32

The general lady is recognized.

Rep. Fedorchak (ND)2:46:33 – 2:47:26

Thank you, thank you, uh, Mr. Chairman. Thank you, Rep Goldman, appreciate that. As we started talking about earlier, we're gonna be making massive investments in our power grid and all this infrastructure it's absolutely essential that we get the cost signals correct in doing so so that the people who are causing the cost pay for them uh i previously spoke about how transmission costs are driving up utility bills for american families and that's one of the reasons why i introduced the high capacity grid act which would help us push more power through existing transmission infrastructure Um, Mister Myers, a fellow commiss I'm a former commissioner, it's good to see a fellow commissioner here. Uh, can you quickly talk about the advantages of reconducting existing lines versus the cost of permitting, uh, new ones and the requirements involved in that?

Nick Myers (Witness)2:47:27 – 2:48:16

Yeah, from uh my understanding the the the l- as you pointed out, the permitting is a big advantage. Uh, reconducting with existing infrastructure means a lot less hurdles to do to jump through and that means timelier um infrastructure build-out, um that that means lower costs for the rate payers because you're not going through all of those you know NEPA studies and everything else potentially um so I think that's that's maybe one of the big benefits I I would caution that sometimes reconductoring does push costs down the line to again transmit uh substations and transformers and things of that nature but that's not always the case, so I think uh I think there's room for for a policy like what you have, um, as long as there's some flexibility in there to make sure that certain situations can be dealt with appropriately.

Rep. Fedorchak (ND)2:48:16 – 2:48:44

Absolutely, and that's why FERC is in co- is in charge of setting kind of the standards and folks like you would ultimately see this through to the ratepayers' costs. So, thank you for that. Uh, the ultimate goal here is to, as you said, push more power through existing lines as fast as we possibly can. And that's the goal of the High Capacity Grid Act. Uh, thank you to my friend and colleague, Rep Goldman. And I'll return the balance of his time to him.

Rep. Goldman (TX-12)2:48:44 – 2:49:00

Thank you. Thank you, Representative for the door check. Um, Chairman Myers, between better load forecasting and strong rate payer protections, what single reform would best help Texas balance reliable, affordable power for families with the massive new demand for dat data centers?

Nick Myers (Witness)2:49:01 – 2:49:03

I'm sorry, you asked what? Can

Rep. Goldman (TX-12)2:49:02 – 2:49:07

What, yeah, what single r- i- there's there's single reform or reforms that come to mind.

Nick Myers (Witness)2:49:08 – 2:49:19

Um, I I I think honestly permitting reform is probably the biggest thing, um, at least from my vantage point. That's the the thing that that tends to to be the most headache at the federal level.

Rep. Goldman (TX-12)2:49:20 – 2:49:21

Mr. Falcone, do you agree?

Tom Falcone (Witness)2:49:22 – 2:49:30

Uh, permitting reform would be right up there, I do think the rate payer protection act is is important. Get the price right and it solves a lot of problems.

Rep. Goldman (TX-12)2:49:31 – 2:49:32

Mr. Peeler.

Nick Myers (Witness)2:49:33 – 2:49:34

Uh, I would agree with the permitting reform.

Rep. Goldman (TX-12)2:49:34 – 2:50:02

Thank you. Um, Many of my constituents in Texas, uh, are concerned that their electric bills could rise because of the rapid growth from AI data centers and ERCOT. Speaking of the Ratepayer Protection Act, how important is it for Congress to consider measures like that legislation, which would require large companies to cover the full incremental costs of the upgrades needed to serve them and to provide financial assurances, up front, Chairman Peeler?

Nick Myers (Witness)2:50:03 – 2:50:04

Um, yeah.

Rep. Goldman (TX-12)2:50:04 – 2:50:05

Timmermeier, sorry.

Nick Myers (Witness)2:50:06 – 2:50:19

Um, I I I think that the the States honestly are are already doing it, and we're well down the path of going of doing that. I don't see a problem with this particular act, I just don't know how effective it will be if we're already down that going down that route.

Rep. Goldman (TX-12)2:50:21 – 2:50:21

Mr. Falco.

Tom Falcone (Witness)2:50:22 – 2:50:46

I I think the primary benefit of the act is that it spreads the best practice. Our members, you know, the the load growth is not equal across the country, it's very, very high in Texas. The utilities in the States that have really high load growth, Texas, Virginia, Georgia. They're they're well down the path and the state commissions have acted. Uh, I think it has a benefit for uh folks that are the second or third tier of demand uh in spreading the best practice.

Rep. Goldman (TX-12)2:50:47 – 2:50:48

Thank you, Mister Peeler.

Nelson Peeler (Witness)2:50:48 – 2:51:01

Yeah, I think the state's are best positioned to to manage this across all rate classes. It's all retail rates. This is one retail class of customer. They're best positioned I think to determine the appropriate way to manage that.

Rep. Goldman (TX-12)2:51:01 – 2:51:04

Super. Thank you all again for being here today, Mister Chairman, I yield back the balance.

Rep. Latta (OH-5)2:51:05 – 2:51:12

Well, thank you. The gentleman yields back. The chair now recognizes the gentleman from Ohio's first district for five minutes for questions.

Rep. Landsman (OH-1)2:51:14 – 2:53:06

Thank you, Mister Chairman, uh and thank you for considering the protecting families from AI data center energy cost act. Uh, this is our bill to uh, you know, get FERC uh, to bring key stakeholders together uh, to work through some of the questions that have been raised in this hearing. and to provide recommendations as as to what we should be doing to better protect uh rate payers uh you know across the country. I I I agree you know with some of the comments that you know some States are are are ahead of the game and some States aren't and and it depends on any number of factors uh in nationally we need to see real leadership and and laying out all of the ways in which we're gonna protect rate pairs because the number of these large load data centers is, uh, you know, I mean, the trajectory is pretty intense. And the, you know, yes, we have a transmission transmission issue, right, that is that is one of the most important things we've gotta resolve. Uh, and then we've gotta get more and more energy onto that grid. But in the meantime, FERC you know, could easily pull together these key stakeholders. And, you know, the way our bill works is it says to - to fir- bring together major stakeholders to develop detailed recommendations and best practices to ensure hi- uh rising energy costs from data centers aren't passed on to communities. Uh, I am - a couple questions and - and start with you, Miss - uh, Muse. Who - who - one, how important is this, uh, in your mind? how quickly could it be done and and who are those key stakeholders in your opinion

Whitney Muse (Witness)2:53:07 – 2:53:29

Certainly. Thank you for the question. I think FERC has the ability to pull together a technical conference relatively quickly although I don't wanna speak on behalf of the staff over there. I think they do them, they run them regularly throughout the year. I think you had a a great list of stakeholders in the bill I wanted to call attention and support the inclusion of the rate payer advocates I think the consumer protection piece of this and and the consumer advocate voice, having that in having them in the room and the FERC

Rep. Landsman (OH-1)2:53:35 – 2:53:51

Yeah, I just think it wou- clearly they can do this without the legislation and we will push on for it to do that, but hopefully we'll get this uh, you know, uh onto a mark-up calendar and we can get it passed. Um, anyone else wanna jump in on that, on that, Mister Myers?

Nick Myers (Witness)2:53:52 – 2:54:18

Sure, um, I I think overall this is a a good way to to proceed, I think um, we might wanna consider leaving this a little bit open in the sense that with NARUC, the National Association of Regulatory Utility Commissioners, we do have interactions with FERC all the time. There's actually the FERC uh state federal collaborative that uh convenes. That might be a venue that we can do something uh with this as well. So maybe maybe be careful about limiting it.

Rep. Landsman (OH-1)2:54:18 – 2:54:21

Yeah, yeah. Smart. Mister Falcone.

Nick Myers (Witness)2:54:21 – 2:54:24

Um, I I agree that FERC has in the past and and

Tom Falcone (Witness)2:54:24 – 2:54:35

uh can and should uh have a convening authority, narrow c- state commissions. I'll throw in a public or a plug, it does say public utilities right now, but I would also add public power utilities and consumer owned utilities.

Rep. Landsman (OH-1)2:54:35 – 2:54:36

I'm sorry, s- uh I

Tom Falcone (Witness)2:54:36 – 2:54:39

I would also add uh public power utilities and consumer

Rep. Landsman (OH-1)2:54:38 – 2:54:39

Oh power, yeah.

Tom Falcone (Witness)2:54:39 – 2:54:41

owned utilities as groups that would be helpful.

Rep. Landsman (OH-1)2:54:41 – 2:54:42

Smart.

Nelson Peeler (Witness)2:54:43 – 2:54:49

Yeah, I I think it's a it's a good idea. Again, bring smart people together with that have different views of the problem,

Rep. Landsman (OH-1)2:54:49 – 2:54:49

Yeah.

Nelson Peeler (Witness)2:54:49 – 2:54:52

right, and I think you'll get a lot of good output from it.

Rep. Landsman (OH-1)2:54:53 – 2:54:55

Alright. Thank you all. And, Mister Chair, I yield back.

Rep. Latta (OH-5)2:54:56 – 2:55:08

Well, thank you very much. The gentleman yields back, and the chair now recognizes the Vice Chair of the Sub-Community, the General from Texas, for five minutes for questions.

Rep. Weber (TX-14)2:55:09 – 2:56:07

Thank you, Mister Chairman, Mister Myers, I'm gonna come to you, in your testimony you highlight the significant growth Arizona is experiencing and how this growth, while beneficial in many ways, is placing a strain on utilities and other As you can probably imagine, I'm from Texas, ma- as you can probably imagine, Texas also is experiencing rapid growth and getting in front of the challenges associated with this growth is absolutely critical to ensuring our grid is protected during seasons of peak demand we've s- we've we've s- we've has ha- seen that happen the Load Forecasting Enhancement Act would help to predict and forecast how this growth can be better managed as large load additions from data centers. and other projects continue to be added to the grid across the country. For you, the question is how could the provisions in this bill be implemented best to navigate those anticipated increases, increases in electricity demand?

Nick Myers (Witness)2:56:08 – 2:56:16

Well, that's a great question. Um. I don't know that I have an answer for you. I would I would like to get back to you on that one in writing if I can.

Rep. Weber (TX-14)2:56:17 – 2:56:18

You don't have a magic wand?

Nick Myers (Witness)2:56:18 – 2:56:20

I don't have a magic wand.

Rep. Latta (OH-5)2:56:19 – 2:56:19

Okay.

Nick Myers (Witness)2:56:20 – 2:56:22

I I I think that's a loaded question to be honest.

Rep. Weber (TX-14)2:56:22 – 2:56:25

Well, there's a lot of things in Texas that are loaded, so that makes sense.

Nick Myers (Witness)2:56:25 – 2:56:26

Arizona as well.

Rep. Weber (TX-14)2:56:26 – 2:57:13

Mister Peter, I'm gonna come to you. One of the challenges communities and rate payers are facing, by the way, we'll give you a couple of minutes to think through that. What the challenges rate payers are facing uh is rising costs associated with large load customers, such as data centers, being added to the grid, as you mentioned in your testimony. The Ratepayer Protection Act would require large load customers to recover the full incremental cost of any additional generation, transmission, or distribution upgrades needed to meet the demands of those customers. Has there been any pushback do you anticipate there's gonna be pushback from large load industry customers on these provisions?

Nelson Peeler (Witness)2:57:14 – 2:57:45

So, I I think we've talked about a couple times that large load customers have been willing voiced willingness to pay their share, I think the issues may become into the details of how you count that, right? So, I think each jurisdiction state has a a mechanism to determine the that the cost impacts. So it may be difficult to create a single cost formula for for nationwide. I think that's the only issue, not the concept of should they pay and will they pay, uh, it's the the details.

Rep. Weber (TX-14)2:57:45 – 2:57:52

When you say the large load, customers have indicated a willingness to pick up that extra slack for a better for a better chart.

Nelson Peeler (Witness)2:57:51 – 2:57:57

All indications that from my experiences they're willing to pay their share uh appropriately.

Rep. Weber (TX-14)2:57:57 – 2:58:02

When you say a l large load customers, is that two of them, three of them, six of them?

Nelson Peeler (Witness)2:58:04 – 2:58:11

More than that, uh certainly the large uh the the very large hyper-scalers have expressed support for paying their share.

Rep. Weber (TX-14)2:58:12 – 2:58:18

Yeah. Is there a mechanism in place to, I mean, they say that verbally, you know. which is a good, uh, start.

Nelson Peeler (Witness)2:58:17 – 2:58:18

So

Rep. Weber (TX-14)2:58:19 – 2:58:23

But is there a mechanism in place where we can hold them, hold them to that?

Nelson Peeler (Witness)2:58:23 – 2:58:37

Y- yeah, so, financial commitments, long-term contracts, uh, take or pay, uh, requirements, uh, overseen by state regulatory authorities is, is our current approach to that.

Rep. Weber (TX-14)2:58:38 – 2:58:44

Do you think we have the authority to enforce that, even though they're state, overseen by state regulatory a- authorities?

Nelson Peeler (Witness)2:58:44 – 2:58:49

I think the states do. It's a it's a retail agreement, which is a state jurisdictional agreement.

Rep. Weber (TX-14)2:58:50 – 3:00:03

'Kay. Okay. And finally, I'm gonna come back to you, Mister Falco. In your written testimony, you highlight the importance of planning when it comes to welcoming large load customers or other entities into communities to create jobs and connect to the electrical grid. Without proper planning, well, I'm going back kind of what Hissington was with the state, having jurisdiction, but without proper planning, local localities and rate payers could be in jeopardy of bearing the majority of all of the stranded cost risk associated with unused electricity capacity, especially in Texas when it's hot or in some states where it's really cold in the wintertime. So, those local folks could be stranded with the cost risk associated with unused electrical capacity or overinvestment in electrical infrastructure for specific customers. How would you suppose that loc localities and uh uh can or how can localities and large load customers work together throughout that planning process? Kind of what he said, they're making some promises. How do you get the localities in on that? I mean, is those are promises You know what a a pie crust promise is, it's easily made and easily broken.

Tom Falcone (Witness)3:00:03 – 3:00:03

Yeah.

Rep. Weber (TX-14)3:00:04 – 3:00:05

OK, how do you how do you deal with that?

Rep. Latta (OH-5)3:00:06 – 3:00:07

You can do that in about five seconds.

Tom Falcone (Witness)3:00:06 – 3:00:16

I will advise you, Robert. I think the most important thing is that they put those promises into a financial contract and guarantee them. Uh, otherwise they are, uh, meaningless.

Rep. Weber (TX-14)3:00:17 – 3:00:18

Okay, I thank you, Mr. Chairman. You're back.

Rep. Latta (OH-5)3:00:19 – 3:00:26

Well, thank you very much. The, uh, gentlemen, you're back, and the chair now recognizes the gentlelady from Texas seventh district, for five minutes for questions.

Rep. Fletcher (TX-7)3:00:26 – 3:02:51

Thank you, Chairman Latta, and thank you, Ranking Member Castor, um, and thank you to our witnesses for being here today. I'm glad we're holding this important hearing as the debate around permitting reform continues that's certainly something we've been talking about, in our subcommittee and full committee. And many of the bills that are before us today would make incremental uh incremental improvements to our electrical grid's ability to meet demand from AI. Um, it seems to me, though, that they fail to address the core blockers to building transmission at scale, and that's planning across regions, permitting certainty, and a workable cost allocation. So, I'd like to focus my questions on the last of these three issues, and in particular talk about, um, the FAIR Act. The Fair Act prohibits grid operators from charging the costs of transmission project to other utilities if any part of the drivers of a project are related to state policies. The bill provides no specific definition of state policies, and it's pretty clearly targeted at states that have renewable portfolio standards or otherwise incentivize renewable energy generation. And I know that many of my colleagues have expressed concerns uh in this room about red states paying for blue state policies but i do believe that this bill is written has a lot of unintended consequences and certainly i live in a red state i live in texas and in texas parts of which are outside of ercot and hence would be subject um to the bill ensuring that our grid can withstand hurricanes and extreme weather is crucial and our public utility commission uh our electric utilities use system resiliency plans to improve grid reliability through physical system upgrades through technical modernization and operational improvements that will prevent and reduce outages for Texans and protect against natural disasters so Ms. Mews I want to direct my uh first question to you would the FAIR Act cover any state policy that creates a transmission need whether those are straight grid state grid resilience policies or simply policies to do with any large consumer electricity. How would this impact states with inter-regional connections that face hurricanes or other extreme weather events?

Whitney Muse (Witness)3:02:52 – 3:03:28

Thank you. The FAIR Act is written quite broadly to include uh just a broad swath of state and local policy, and so it is unclear kind of what would fall into that category, which is why I have concerns around it as it would slow and really stymie inter-regional transmission we'd have a real need for transmission to improve the resilience and reliability of the grid as we are looking to build a grid that is bigger than the weather so that we can move power from you know where there are where it is very hot where it is very cold where there is extreme needs for power to uh places that may not have as high demand and the way to do that is to build transmission line that connects the grid more fully across state lines

Rep. Fletcher (TX-7)3:03:28 – 3:04:14

thank you and i love the way you describe that building a a grid that's bigger than the weather i think that continues to be a concern for all of us from texas and every part of the state but certainly on the gulf coast uh where i live we are concerned uh year-round about um about the grid and about making sure we have that. And I think um you know, another thing that I want to put to to everybody on the panel, um so maybe I'll just go down go down the line here, I different states and different regions even may disagree on whether to count certain social or environmental benefits or policies when evaluating a transmission line. But would everyone agree that the benefits of grid upgrades to reliability and affordabilities should be accounted for as FERC already requires today. Mister Myers?

Nick Myers (Witness)3:04:15 – 3:04:31

I I think yes, um, I I think it is important to note that what defines a benefit does vary from state to state um and that is hardly ever going to come to an agreement, which I think is maybe the crux of your concern.

Rep. Fletcher (TX-7)3:04:31 – 3:04:33

Um, thank you, Mister Myers. Mister Falcone?

Tom Falcone (Witness)3:04:34 – 3:05:30

Uh, I would just say that uh transmission is generally broken into three categories. You you have uh economic, which is things that just make sense and they pay for themselves, you have reliability, which you need for reliability purposes, uh and then there's the third category which is generally like public policy, transmission. By definition those don't meet the economic or the reliability uh criteria. Uh I think one of the questions is okay if one party is incurring or uh has a public policy that eh requires an upgrade how do you allocate those costs but a big thing I would say is any investment has benefit. And so if something costs a hundred dollars and its tangible benefits are eighty and it's driven by public policy, it doesn't mean that the a hundred dollars should be allocated just to the person driving the public policy. Probably the eighty dollars of tangible benefit should be allocated in a way that we traditionally do and maybe the other twenty, I leave that up to Congress. But uh there is benefit to every upgrade.

Rep. Fletcher (TX-7)3:05:30 – 3:05:46

Well, thanks, Mr. Falcone. I've run out of time in my question, so Ms. Mews and Mr. Peeler, I'm gonna ask you to please submit. answers to that question for the record and I'll submit it through our process, so that you get it sent back to you. You don't have to write it down and remember it, but we'll get it over to you. I thank you all very much for your testimony and I thank you, Chairman Latta, and you're back.

Rep. Latta (OH-5)3:05:46 – 3:05:54

Well, thank you very much. The general lady's time has expired and yields back. The chair now recognizes the gentleman from South Carolina's seventh district, for five minutes for questions.

Rep. Fry (SC-7)3:05:56 – 3:07:13

Thank you, Mister Chairman, thank you, the witnesses, for for being here today. I'm uh proud to have Duke Energy's Robinson plant, uh nuclear plant in the congressional district. South Carolina, the plan employs five hundred people, uh, and is a major source of tax revenue for Darlington County, certainly energy. Uh, just last week I was thrilled to hear that the NRC approved Robinson's application to operate for an additional twenty years through twenty fifty, uh, which is important for both the local area and the entire state. Um, it's an exciting time for, uh, the district, for South Carolina and certainly for Duke Energy. Uh, in light of the growing demand for power, though, there is uh discussion about permitting reforms to ensure the production and supply of that power. Last week the head of the National Association of Regulatory Utility Commissioners wrote a letter to leaders of the Senate Energy Committee who are reportedly involved in permitting reforms themselves. This letter made several points about reforming federal permitting processes, reducing red tape, not increasing it, and concluded with respect to transmission citing that members quote should resist any effort to concentrate even more authority over local siting decisions in the federal government. Uh, Mister Chairman, with unanimous consent, I'd like to submit that letter to the record.

Rep. Latta (OH-5)3:07:15 – 3:07:16

Without rejection so ordered.

Rep. Fry (SC-7)3:07:18 – 3:07:30

Thank you. Mister Myers, from your perspective, is the answer to faster energy infrastructure permitting uh to create more federal permitting bureaucracy, overstate decisions, uh or less?

Rep. Latta (OH-5)3:07:30 – 3:07:31

Less.

Rep. Fry (SC-7)3:07:31 – 3:07:40

And would you like to exp expand on that? What are what is the rub here on why the federal government maybe is uh not best equipped to to handle that?

Nick Myers (Witness)3:07:41 – 3:08:11

Well, I think uh that neighborhood clutter you just referenced pretty much sums it up very well. Um, I I think every time the federal government gets involved it ends up cost costing more um from a time standpoint if not monetary uh for states to get things done we have a pretty good record of of implementing uh these projects fairly quickly I think the the biggest benefit the federal government could provide is is permitting reform judicial reform as part of that process um and just removing the red tape.

Rep. Fry (SC-7)3:08:11 – 3:08:13

Maybe expedited review and some other things like that.

Nick Myers (Witness)3:08:13 – 3:08:14

All of that.

Rep. Fry (SC-7)3:08:14 – 3:08:29

Yeah. Uh Mister Peeler, Mister Falcone, if a federal backstop steps over thorough integrated planning at the state level uh or even the regional level what can that mean for affordability uh in household bills? We'll start with you, Mr. Falco.

Tom Falcone (Witness)3:08:30 – 3:09:08

Uh, Representative Fry, I think the important thing uh, you know, the big debate is whether FERC should have uh siting authority. And I think the important thing is whatever planning process Congress decides, it should be an integrated planning process, it should uh work with the existing processes, not be an add-on. There shouldn't be shopping of transmission projects, and that those projects that are selected have to provide benefits to customers. I used to be the CEO of a electric utility and uh let me say that if money is goes to projects that don't provide value, that's less money for things that do provide value. So, there has to be adequate protections that we're selecting the right projects, and it really delivers consumer value.

Rep. Fry (SC-7)3:09:08 – 3:09:09

Mister Peeler.

Nelson Peeler (Witness)3:09:10 – 3:09:19

Yes, I I would I would agree with Mister Falcone in just adding in addition to his comments, it can slow down the actual construction uh and completion of the projects as well.

Rep. Fry (SC-7)3:09:20 – 3:09:26

How how should integrated planning uh process work to ensure the lowest cost to uh rate payers.

Nelson Peeler (Witness)3:09:27 – 3:09:58

Yeah so it's important that every that all factors inputs to to planning as well as the levers for solutions be considered. So load is an input and solutions are generation, transmission, distribution, solutions. I think that works best when it's closest to the the customers and in general that means at state regulatory levels for resource planning, and transmission planning should support resource planning. They should be integrated together. All options considered. That's the best solution.

Rep. Fry (SC-7)3:09:59 – 3:10:19

Thank you for that. Switching back to nuclear, uh, with you, Mister Peeler. Um, we're looking at legislation about protecting residential rate payers today against extraordinary growth in power demand particularly, uh, from data centers. Uh, how does new nuclear, uh, factor in for Duke as you evaluate what is in the best interest of your customers, um, and the balance?

Nelson Peeler (Witness)3:10:18 – 3:11:00

That, as you Yeah, as as you well know, uh, nuclear is a cornerstone of Duke Energy's generation fleet. uh serve customers well for decades uh it's a capital intensive effort uh we're focused right now on uh lengthening the uh lives of the plants we have just like just like the plant you mentioned earlier as well as getting more out of the plants we have so we actually have operates underway at our existing fleet of over three hundred megawatts so that's like a new smr for our existing fleet and we continue to have uh new nuclear as one of our choices in our integrated So continue to look for that at the right time, at the right cost for customers, uh, it'll be incorporated.

Rep. Pallone (NJ-6)3:11:01 – 3:11:04

Thank you for that, Mister Chairman, I see my time has expired and I yield back.

Rep. Latta (OH-5)3:11:04 – 3:11:12

Thank you very much. The gentleman's time has expired and yields back. The chair now recognizes the gentleman from Texas's thirty-third district for five minutes for questions.

Rep. Pallone (NJ-6)3:11:12 – 3:13:42

Uh, thank you Mister Chairman, um, you know, our our nation's energy infrastructure currently carries a D plus grade from the American Society of Civil Engineers. Uh, and one of the reasons why is because we really are relying on a twentieth century, uh, power, uh, structure to help us figure out how we're gonna get through the twenty-first century AI, manufacturing revolution, people talked about data centers already, and about seventy percent of our transmission lines and transformers are more than twenty-five uh years old. And in many parts of the country, about sixty percent of our circuit breakers have been in service for over thirty years. And so it took us a hundred years to build the grid that we have today, but really because of an explosion of AI and data centers and manufacturing, we are now being asked to essentially double that capacity in the next twenty-five years, which is really astounding if you think about it. Um, and here's the real problem. We're seeing about five tr- about a five trillion dollar infrastructure deficit in the energy sector. And while utilities spend about thirty-five billion a year on transmission, it really is a drop in the bucket when you compare it to the total need for a resilient modern grid. Um, and I think that we all know uh who has the capital uh and the urgency to help fill this gap and it's the hyperscalers. Uh, we shouldn't just view data centers just as a burden on the grid. Uh, instead we should s- really seize this build out as the most powerful leverage point we have for grid modernization. Uh, we should ensure their entry into the market pays for the backbone upgrades that benefit the entire community. Uh as Congress, we can also help coordinate this build-out uh otherwise big tech companies will simply build their own behind the meter power plants. Uh and that's not going to help the grid and that's not going to help the constituents that all of us serve. Uh we can have private investment channeled into every uh infrastructure plan that benefits everyone. And so I wanted to ask Miss Mewes, uh you served in the White House and at the DOE, uh and I know that you know as well as I do that these bills are a good start. but they are only uh on the margins of a massive problem. If we wanna really seize this moment of a a massive load growth to modernize the grid for the next fifty years, what uh is the big move we are missing? Uh uh and if you were drafting a trillion dollar grid act today, is there a structural reform uh that we're just not talking about yet?

Whitney Muse (Witness)3:13:45 – 3:14:37

Thank you for the question. I'm there's huge opportunity to build out the grid and the the ASC study that you mentioned, you know, it's really points to the need for significant upgrades and improvements to modernize the grid, to to really meet today's um what we're asking of it and of today's economy. Um, I think we need look, we need a much better and much more connected grid, right? You talked about what we need. We need significant inter-regional transmission, much better much better uh capacity and connection between the different regions or at the eastern and western interconnection, and if they'll have it, ERCOT as well. Um, but just as we are better able to move power across the country, You mentioned a need not only for generation but also for grid upgrades. I think those are hugely important. We have in talking this hearing about the supply chain constraints and workforce to allow us to have both the parts and the people to build that grid and then to go into modernizing it we wanna ensure that we are able to do that in a timely fashion and not facing delays.

Rep. Pallone (NJ-6)3:14:37 – 3:15:01

Yeah, yeah, no, absolutely. Uh, Mister Peeler, I wanted to ask you, um, you know, we're talking about an investment gap in the trillions of dollars, and I know that utilities like yours are doing some invest in, but the hyper-scalers have the capital uh and they have the urgency. Uh, in your vertically integrated model, is there a structural or regulatory wall that prevents us from taking that private capital, and using it to help build uh the backbone of the grid?

Nelson Peeler (Witness)3:15:02 – 3:15:48

Yeah, so we're we're investing, you know, over a hundred billion over the next five years, so it's it's significant investment. But as we've, you know, kind of uh mentioned several times earlier, the the hyper-scalers, the data centers, they're they're willing to pay their contribution and then the benefit of that being part of the overall system benefits all customers. So I don't see a a a burden other than we need to move forward with things like permitting reform and others that that slow us down today. So the the the ability to have financial commitments from these large folks for them to commit and then for us to move ahead w- and some of the things you mentioned supply chain all those are are continued challenges, but we need to push past those and build this infrastructure that benefits all customers.

Rep. Pallone (NJ-6)3:15:48 – 3:16:00

Yeah, uh, so, you know, with that sense of urgency that we've talked about, how can we turn that into a public good that lowers rates for our constituents? Because obviously affordability is something

Nelson Peeler (Witness)3:15:59 – 3:16:00

Yes.

Rep. Pallone (NJ-6)3:16:00 – 3:16:01

that people are really paying attention to now.

Nelson Peeler (Witness)3:16:01 – 3:16:14

Utilizing the investment from those large customers and their large usage lower, will lower the fixed cost that all customers pay. So the those large customers will pay a larger portion of the system cost.

Rep. Pallone (NJ-6)3:16:13 – 3:16:16

Yeah. Okay. Thank you. Thank you, Mr. Chairman, yield back.

Rep. Latta (OH-5)3:16:16 – 3:16:23

Thank you very much. The gentleman yields back, and the chair now recognizes the gentleman from Michigan's tenth district, for five minutes for questions.

Rep. James (MI-10)3:16:24 – 3:19:03

Thank you, Mr. Chairman. Um, we're here today because the stakes could not be higher. The United States is in direct competition with China to lead the future of artificial intelligence. Winning that race will require more than innovation. It will require the ability to generate and deliver massive amounts of reliable power. It's clear energy demand is rising fast, driven in large part by data centers and advanced computing. That presents a real opportunity, especially for states like Michigan. Data centers can bring investment jobs and long-term economic growth, but we have to get the fundamentals right. Local control, brown fields before farmland, protect our water, and keep electric bills low. How do we make sure Michiganders actually benefit from that growth without being stuck with the bill of a billion dollar infrastructure and projects for Silicon Valley. How do we ensure rate payers aren't subsidizing massive new loads? And how do we do it? While protecting critical natural resources like water that these facilities depend on. Because at the same time we're trying to win this AI race, Lansing is pursuing aggressive and costly net zero mandates that are driving up costs and reliability risks. We're talking about a projected three hundred and eighty-six billion dollar price tag adding twenty seven hundred forty six dollars per year to utility costs, or about two hundred and twenty eight more every month for families. That's the price tag of Lansing's Green New Deal agenda, and Michigan families are paying for it every single month. And reliability is not theoretical. NERC already warned that regions like Miso face elevated risk as we retire reliable generation faster than we can replace it. So here's the challenge in front of us. We need to build. We need to compete. We need to win. But we cannot do it in a way that forces families to pay more for reliable energy. That means making sure that those who drive new demand pay their fair share, making sure that our generation mix can actually meet peak demand, making sure policy is grounded in reality, not just ambition. We can and will win the AI race with China, and we will lead the way in Michigan, but we won't do it by charging Michigan families two hundred and twenty-eight dollars more per month for a grid that can't even keep the lights on. So, Mister Peeler, thank you for being here today, it's clear that data center growth is a major driver of increasing electricity demand. As we work to compete globally, what are some of the best mechanisms to ensure that hyper-scale customers pay the full incremental cost of generation, transmission and infrastructure required to serve them so that residential rate payers are not left subsidizing that growth?

Nelson Peeler (Witness)3:19:05 – 3:19:26

Uh the b- Method to do that is to ensure that those those particular um customers who drive that demand growth are on the hook financially and for the long term uh to cover their costs. And that means long term contracts, that means financial obligations, and that means uh take or pay obligations.

Rep. James (MI-10)3:19:28 – 3:19:37

And is it true that if the power is available, having additional payers We'll actually lower residential electricity rates.

Nelson Peeler (Witness)3:19:39 – 3:19:50

Yeah, so a higher, a higher user of energy. A higher megawatt hour user will absorb more of the fixed cost of the system, and those fixed, the less fixed costs will then flow the remaining rate payers. So, yes.

Rep. James (MI-10)3:19:50 – 3:20:19

Thank you. Commissioner Myers. Um. We want to attract additional investment. We want to diversify our economies, but we also have these data center investments and we have a duty to protect our consumers. What guardrails in your opinion are most effective in ensuring that communities see the economic upside of these projects, while avoiding cost shifting into existing rate payers? And how should regulat- regulators account for impacts on critical resources like water?

Nick Myers (Witness)3:20:21 – 3:21:00

Sure, um, I think s- some of the uh the guardrails can include things like uh increased minimum bill thresholds uh for those large uh uh customers. Uh, financial guarantees, uh, meaning if they leave the the the system early, they're still going to be on the hook for paying what they committed to. Um, extended contract terms is another piece of that puzzle. Um, uh, um, as was already said, contributions in aid of construction, meaning they're going to fund what they need, um, and i- i- and then they're going to be held accountable for that. So, I th- I think, um, fundamentally it it all boils down to

Rep. James (MI-10)3:21:00 – 3:21:15

the tariff design and the service agreement that lies on top of it. Those are very good points. Uh, Michigan knows all too well uh about broken promises for large corporations that shirk their responsibility to the community. We'll make sure that we're long from the past so we can have a brighter future. Mr. Chairman, let I yield.

Rep. Latta (OH-5)3:21:16 – 3:21:53

Thank you very much. The gentleman yields back, and the chair is saying no other members wishing to ask questions. We wanna thank our witnesses for appearing before us today. Members may have additional written questions for you, and I remind members of they have ten business days to submit the additional questions for the record and ask our our witnesses do their best to submit responses within ten business days upon receipt of those questions. I ask you in Adam's consent to insert in the record the documents included on the staff hearing documents list. And without objection so ordered. And without objection the subcommittee will stand adjourned. And thank you again for being with us today.

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