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Senate · Hearing transcript

An oversight hearing to examine the Federal Regulatory Commission.

Wednesday, July 22, 2026

Summary

  • FERC commissioners defended June show-cause orders directing six grid operators to reform large-load interconnection rules to protect consumers from data-center costs.
  • Laura V. Swett (Chairman, Federal Energy Regulatory Commission) said affordability drives her leadership and streamlining gas permitting will expand supply and lower household bills.
  • Sen. Barrasso pressed Swett on Wyoming's Seminole pumped-storage concerns for sheep habitat and trout fishery, securing commitment to review state comments.
  • Chairman Lee praised FERC's flexible regional approach while Ranking Member Heinrich warned administration's renewable delays raise costs and threaten FERC independence.
  • FERC will convene a PJM governance conference tomorrow and review Order 1920 compliance filings as Congress weighs bipartisan permitting reform to meet surging demand.

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Hearing Details

Witnesses

Members Who Spoke

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Transcript

Sen. Heinrich (NM)31:24 – 31:25

Yeah.

Sen. Lee (UT)31:29 – 31:30

Committee will come to order.

Sen. Heinrich (NM)31:29 – 31:29

Oh.

Sen. Lee (UT)31:30 – 37:16

Uh, I apologize for the late start time. I was, uh, a serve on the Foreign Relations Committee along with a couple of our members and, um, as we often find ourselves in that position, uh, we were in a mark-up and, um, had any of us left, they would have lost a quorum, so we ran over here as quickly as we could. Today the, uh, Committee on Energy and Natural Resources holds a hearing to conduct oversight over the Federal Energy Regulatory Commission, or FERC. Pursuant to the Federal Power Act and the, uh, uh, Natural Gas Act, the commission regulates the interstate transmission and wholesale market of electricity and natural gas as well as oil and gas pipelines and hydroelectric power. It ensures that Electricity rates are just and reasonable and licenses facilities within its statutory jurisdiction. All of these things happen to be vital to America's energy dominance, ensuring both our security and prosperity at home, and also our ability to advance the interests of the United States on the world stage by supplying the energy needs of others. Today we'll be hearing from FERC's five commissioners to report on their priorities and the commission's operations. They are Chairman Laura Sweat, and Commissioners David Rosner, Lindsay See, Judy Chang, and David Lissert. Following my opening statement today, and that of Ranking Member Heinrich, we'll hear opening statements from each of the commissioners, followed by questions from each of the senators in attendance. There was a time when the Federal Energy Regulatory Commission operated largely outside the public spotlight. Those days, of course, are now over. FERC now sits at the center of some of the most important questions facing our country. Reliable electricity, affordable energy, data centers, manufacturing, national security. Every one of these issues, in its own way, now runs directly through FERC. Some estimates suggest that the commission regulates activity representing roughly five percent of the American economy. This of course understates the matter because in reality the Commission's influence reaches much much further than that. Energy is an input for basically everything we produce, everything we do. So when energy becomes more expensive or when it becomes less reliable, every American pays the price in far more ways than one. That, of course, makes first mission more important now than ever. The United States is experiencing the fastest growth in electricity demand in a generation. After years of relatively flat load growth, utilities across our country are now forecasting dramatic increases, increases driven by data centers, artificial intelligence, advanced manufacturing, electrification, and industrial development. It means America is building again. It means investment is returning. But none of it happens if we cannot produce and deliver enough reliable electricity. That's why I was encouraged by the Commission's recent action, under section two O six of the Federal Power Act, addressing how regional transmission organizations and independent system operators manage large load interconnections. Rather than imposing a rigid one-size-fits-all federal mandate, the commission directed six regional grid operators to re-examine how large data centers and other major new customers might connect to the grid. With particular attention to interconnection delays, who pays for the necessary upgrades, and what impact all these things might ultimately have on consumers. These are extraordinarily difficult questions. No one, uh, suggests that they are easy. Large data centers create tremendous economic opportunity, but they also consume enormous amounts of electricity. Existing rate payers should not be forced to subsidize costs that properly belong to new entrants. But we also cannot allow outdated processes to prevent new investment from connecting to the grid. Getting that balance right will, of course, be difficult, but I'm confident that if you maintain your current trajectory, uh, you, uh, as our, uh, commissioners will be more than up to that great task. I'm also encouraged by FERC's recent efforts to improve the permitting process for natural gas infrastructure. FERC is modernizing environmental reviews, reducing unnecessary delays, uh, uh, those that don't, uh, provide any additional value added on the environmental front. And it's expanding the use of blanket certificates for routine upgrades. Every year that we happen to delay needed infrastructure is another year that um Americans have to pay higher prices and face greater reliability risks. More importantly, I hope today's discussion reinforces something that should unite all of us, uh regardless of political party, is this committee continues its work on permitting reform I hope we can build on the bipartisan momentum that has emerged around many of these issues. Look forward to getting, uh, perspectives from each one of you today on the challenges ahead and to working with each of you to ensure that we lower costs for consumers while simultaneously improving grid reliability. Thank you, member Heinrich.

Sen. Heinrich (NM)37:17 – 42:19

Thank you, Chairman Lee, and, uh, special thanks to all five of, uh, first commissioners for attending this hearing today. We very much appreciate having you here. Uh, the Federal Energy Regulatory Commission has long been an important independent agency. It serves the public interest by regulating electricity, hydroelectric dams, natural gas, and oil in a manner that is both fair and impartial, uh, from the President and from Congress as required by statute. Now, historically, uh, considered by some to be a bit of a sleepy agency, FERC faces a very pivotal time in our nation's history right now. Uh, electricity prices are rising, and electricity supply has not been able to keep up with demand. According to a recent report, seventy-five percent of US adults say that they've noticed their home energy costs increasing in recent years. Some of that blame can be squarely placed on our current president. I recently released a report on how this administration is waging a war on cheap, clean energy, and the impact of that is rising energy costs. The administration is slow-walking installing seventy-three gigawatts, think about that, gigawatts of solar, forty-three gigawatts of storage, thirty gigawatts of onshore wind, and sixteen gigawatts of offshore wind. Constraining this build-out would increase economy-wide utility costs by approximately eleven point six billion dollars per year. But that is not the only reason that costs are rising. We're also seeing a rapid increase in electricity demand and are hampered by not getting enough power from generators to end users and struggling to quickly add new needed generation sources. Luckily, we can take steps to improve our grid to help make help move electricity more efficiently and bring new power sources online. I recently launched an initiative called Grid for Growth, a plan to meet surging electricity demand without shifting the cost of that to consumers. This effort complements ongoing efforts to pass bipartisan permitting reform. And as part of the effort, last week I introduced the Grid Connection and Congestion Management Act, to create a faster path for generator interconnection. Moodled after ERCOT's connect and manage process, projects are rewarded for being flexible in their output by getting onto the grid faster. Other bills will follow in the next few weeks and months. but our ability to meet the rising needs of the grid are based in large part on our ability to build more inter-regional transmission lines. That is why permitting reform is so important. Inter-regional transmission lines can be the best line of defense against extreme weather conditions, improving reliability, and reducing consumer costs. While FERC requires some inter-regional transmission planning under orders number one thousand and nineteen twenty, This coordination has not unfortunately produced a substantial number of inter-regional transmission projects in the last decade. We need to find a way to build more high-voltage transmission lines in the next decade. Our ability to grow our economy depends on it. And to FERC's credit, the agency has taken active steps to confront energy challenges. Last month, FERC issued six show-cause orders requiring grid operators and their transmission owners to justify or propose changes to their current tariffs with respect to large load customers. These steps by FERC can help protect consumers and encourage grid operators to integrate new advanced technologies when adding new large loads to the grid. FERC choosing to address major electricity users like data centers and manufacturers is an important step in the right direction. Nevertheless, more action can and should be taken to ensure that consumers are protected from sky-high costs associated with data centers, manufacturers, and other large loads. I have been working on a bill intended to do just that and hope to speak more about that soon. However, all of these efforts that I mentioned will be meaningless if the independence of FERC is erased. The Supreme Court's recent decision has put the impartiality of independent agencies at risk. Now more than ever, FERC's mission to ensure that utility rates remain just and reasonable, and not unduly discriminatory or preferential, is critical to making sure millions of Americans can keep their lights on. During this once-in-a-generation moment, I continue to believe that regulatory certainty and the freedom for commissioners of independent agencies like FERC to act in a way to provide that certainty will be critical in meeting the energy challenges of today. And I hope to discuss these issues with each of you during this hearing, and very much look forward to it. Thank you, Mister Chairman.

Sen. Lee (UT)42:21 – 42:56

Thank you, Senator Heinrich. We'll now turn to each of the commissioners here today, give to give their opening statements. Um, and of course your full statements will be entered into the record in full. We'll begin with the first chairman, Laura Sweat. The Senate confirmed uh uh Chairman Sweat back in October of of twenty twenty five. Prior to that, she served At FERC is a legal advisor to two commissioners, including a former FERC chairman, and she litigated Federal Power Act and Natural Gas Act matters, uh, uh, for fifteen years. Chairman Swede, you're now recognized and you may give your opening statement.

Laura V. Swett (Witness)42:57 – 47:25

Good morning. Thank you, Chairman Lee, Ranking Member Heinrich, members of the committee, for the opportunity to testify today. My testimony is rooted in the core principles that anchor my approach as FERC chairman, that is affordability, efficiency and legal durability. For many households, higher utility bills are debilitating burdens with personal consequences. I understand this firsthand from my childhood. M- monthly bills caused me deep anxiety when I was a child, and I carry the weight of that financial stress with me every day in the way that I lead this agency. And it forms my resolve to ensure that families across the country don't have that same burden and shouldering unnecessary costs. As electricity demand accelerates, the Commission is acting decisively to ensure that the grid remains reliable and affordable. For too long, this country has deferred critical decisions essential to maintaining the grid and that era has ended. The responsibility to steer our country through the energy future is squarely upon me and my four colleagues. The Commission's actions under my leadership reflect an unwavering commitment to our statutory obligations to ensure just and reasonable rates. At no point in its history has FERC advanced a more comprehensive set of reforms designed to safeguard American consumers nor been, I think, subject to leadership as consumed with honoring the law as I am. From aggressively modernizing natural gas permitting to instituting far-reaching transparency requirements in our June orders, we are executing a disciplined strategy to reduce costs while reinforcing reliability and encouraging infrastructure investment. That is a very tough needle to thread, and I am committed to doing it. At our June meeting, we took bold action to strengthen cost, discipline and reliability. You've mentioned, both of you, that we ordered the six jurisdictional electric markets to produce the most detailed cost transparency measures the Commission has ever required. Those actions should equip our State counterparts, who are responsible for doling out household bills, with tools to assess the expenditures, defend and ensure that emerging load drivers, such as data centers, do not impose unjustified costs on households or small businesses. Additionally, we have established transparent protective rules for integrating new loads quickly without compromising reliability. Still in the vein of affordability, the one of the most effective ways to lower energy prices is to eliminate infrastructure constraints that artificially restrict supply. Recent extreme weather events show this clearly. The regions that don't have enough gas pipeline capacity experience prices many times higher than those with sufficient infrastructure. These disparities translate directly into consumer hardship. In response, the commission is implementing targeted reforms to streamline permitting and accelerate project development. Following the seven-county decision and under my leadership, we are realigning our environmental review practices with the commission's statutory role as an economic regulator, a fact that appears to have been lost on several of my predecessors. Since I joined the commission late last year, FERC has proposed significantly expanding blanket authorizations for routine pipeline activities and initiated parallel efforts for LNG and hydropower to ensure that these projects can move quickly without burdensome case-specific reviews but based on FERC's decades of experience. These re-informs, these reforms, and deliberate recalibration of our processes will reduce administrative friction while preserving full statutory compliance. More energy means lower bills. Removing fast but maintaining regulatory excellence so that those investing in and building infrastructure are less vulnerable to judicial review through excellent orders and the associated gridlock and wasted resources that come with orders that are not. In closing, the work ahead demands clarity, urgency, and strong leadership. Our systems are changing faster than ever and the choices we make now will determine whether the nation is prepared for the coming decades. We've taken meaningful steps in the past nine months of my tenure, but the path forward requires sustained resolve, smarter tools, and dexterity as new technology and pressures emerge. I and my family have made many sacrifices so that I could realize the honor bestowed upon me

Sen. Lee (UT)47:51 – 48:21

Thank you, Chairman Swede. We'll now hear from Commissioner David Rosner. He formerly served as an energy energy uh analyst at FERC. Um, he was also um someone who spent two years detailed of uh to this committee, in addition to prior service that he had at the US Department of Energy. He has served on uh FERC as a as a commissioner since two thousand twenty four, including as chairman uh for several months in twenty twenty five. The chair now recognizes Commissioner David Rosner.

David Rosner (Witness)48:22 – 54:04

Chairman Lee. Ranking Member Heinrich, uh, and members of the committee, it's an honor to appear before you alongside my colleagues to discuss FERC's work to deliver affordable and reliable energy for all Americans and our commitment to upholding Congress's vision for a bipartisan, independent, resource-neutral regulator. This mission entrusted to us, while simple to articulate, is increasingly complex to execute. Energy demand continues to grow at a pace that we haven't seen in a generation. driven by growth in new industries like artificial intelligence, reshoring manufacturing, and increased use of electricity in homes and businesses. And we face these challenges at a time when families and small businesses struggle with high prices especially in their utility bills. So while meeting this moment presents challenges, it also creates opportunities for us to modernize our nation's energy infrastructure. Upgrading our energy system is necessary. to ensure that every American receives reliable and affordable power, and is essential to our country's economic competitiveness and national security. With this in mind, I'd like to highlight a few of the specific actions FERC has taken uh to confront the challenges and realize the opportunities before us. First, we are accelerating the addition of new electric generation of all kinds. Building energy resources needed to meet growing demand and reducing consumer costs is my top focus. We have implemented FERC's landmark order number twenty twenty-three generator interconnection form reforms and fast-tracked more than fifty gigawatts of shovel-ready power plants. Looking forward, I'm encouraging grid operators to deploy automation and artificial intelligence tools that have been shown to accelerate steps in the interconnection study process from years to weeks. Second, we're establishing forward-looking grid planning centered around reliability, affordability, and economic growth. This year, FERP will begin acting on transmission providers' proposals to implement order number nineteen twenty, which modernized long-term transmission planning. When I arrived as a commissioner, this rule was divided along party mi- lines. Thanks to extensive State engagement and collaborative problem-solving, I am very proud that it is bipartisan and unanimously supported. Third, we are emphasizing predictability, speed, and legal durability for infrastructure permitting. Since January, twenty twenty five, FERC has issued over a hundred and twenty permits for hydropower and natural gas projects moving from NEPA review to final permit more than thirty percent faster than was typical during the last decade. Critically, we have done this without compromising quality. FERC's permits have routinely been upheld in court in recent years. And looking to the future, permitting efficiency will become only more essential as demand growth accelerates. Fourth, We are embracing innovative pathways to power data centers and other large loads while protecting consumers. Over the last year, the Commission has acted to ensure that demand growth leads to a more reliable, affordable, and sustainable grid, and that America can win the AI race without regular families paying for it. At FERC, this is another top priority. In December and January, the Commission implemented programs in the PJM and SPP regions to pair new large loads with new generation. This pairing reduces how much these projects lean on the grid, it minimizes the need to construct additional transmission upgrades, it promotes flexible operations, and it helps ensure that new loads pay their fair share. In parallel, more than thirty States have adopted special retail rate structures for large loads, an important complement to FERC action and a reminder of the cooperative federalism needed to protect regular consumers. Finally, Building upon the progress and the record developed in response to Secretary Reitz's A. Noper, in June, the Commission issued a show cause order to each regional grid operator, asking them to modernize their rules for interconnecting large loads. These orders are based upon four key pillars, protect consumers, enhance transparency, safeguard reliability, and foster innovation. Put simply, the goal is lowering costs, protecting grid reliability, and helping new customers and power plants get online faster. Fifth, we continue to enhance grid security and reliability through modernization and flexibility. It's essential that we continue to deploy twenty-first century reliability solutions like advanced demand response, dynamic line ratings, predictive artificial intelligence, and emerging cyber security technologies. And FERC's work now includes the development of robust reliability standards for large loads. Sixth, we're staying laser laser focused on affordability. In addition to the examples I've already mentioned, over the last two years FERC has approved expanded competitive electric markets in the West and the Southeast, which will enable customers access to lower-cost power. And in PJM, we approved a temporary price cap that saved consumers more than twenty-five billion dollars. It's my priority to deliver more examples like this in twenty-twenty-six. Finally, I'll conclude by highlighting the value of our current consensus-driven mindset. I'm immensely proud that the vast majority of orders I have voted on have been bipartisan and unanimous, including every single energy project permit. This consensus ensures regulatory predictability, legal durability, and strong outcomes for all Americans, informed by five distinct distinct perspectives among the Commissioners. I want to thank my colleagues for their collaboration, which I'm confident will continue to deliver for the country. Thank you again for the opportunity to testify today, and I look forward to your questions.

Sen. Lee (UT)54:05 – 54:34

Thanks so much, Commissioner Rostrum. We'll hear next from Commissioner Lindsay See. Uh, she became a member of the Federal Energy Regulatory Commission in twenty twenty-four. Prior to that she had served as the Solicitor General of the state of West Virginia. Uh, a- and in that position she argued before the US Supreme Court at least twice. Uh, before that she was a a litigator in private practice, uh, practicing with the law firm of Gibson Dunn. Uh, Commissioner See? We now recognize you. You may begin.

Lindsay S. See (Witness)54:36 – 59:24

Chairman Lee, ranking member Heinrich, committee members, thank you for inviting me and my fellow commissioners to appear before you today. While the five of us are at this table, please let me also recognize the hundreds of FERC employees whose expertise, integrity, and dedication make the commission's work possible. I'm honored to serve with public servants at their high caliber and the country is better for their work. The energy landscape has changed dramatically since the last time I and two of my colleagues appeared before this committee in twenty twenty four. Some issues persist, but many new ones have risen with striking urgency. All of them are defined by the overarching reality that America needs more power. And demand growth from domestic manufacturing, AI, and data centers and other sectors is an opportunity. A growing load and a growing grid are signs of a growing economy. But American competitiveness depends on our ability to deliver reliable and affordable power. So FERC, at FERC we need decisive flexible action within our legal authorities that let our regulatory framework keep pace with America's needs. That requires focus on three priorities, speed to power, keeping electricity affordable, and the kind of regulatory certainty that gets steel in the ground. So first on speed to power, we need processes that get new generation and large new loads connected to the grid quickly and pipelines and transmission that get power where and when it's needed. FERC has taken important steps to meet these challenges. We've talked about them already. Last month, for instance, we issued a series of orders that require clear rules for how organized electricity markets study and integrate large new loads. These actions are designed to improve transparency, coordination, and speed when it comes to large load interconnection. They also recognize that regional differences matter as part of a shared goal of connecting new demand safely and efficiently. We're also reforming permitting processes to speed infrastructure review. We've taken a close look at what NEPA does and does not require, as well as cut out the unneeded construction delays after a review is done. Modernizing permitting can uphold our statutory duties while improving predictability and helping get needed projects built. Second, we have to keep electricity affordable. Building the infrastructure to meet growing demand is expensive. But as we make investments across the electric system, we have to keep the consumers who ultimately pay for them at the center of our decisions. One path to cost responsibility is encouraging alternative transmission technologies when they make engineering and economics sense. While not always the right fit, these technologies can get more out of the existing system, speed interconnection, cut down on costly traditional upgrades that would otherwise show up in customers' bills. We also have to keep a close watch to ensure well-functioning, competitive electricity markets. Over time, organized markets have delivered real value for consumers. But today's markets were not designed pace and scale of modern large load growth. So FERC is focused on reviewing novel solutions we're seeing from various market regions and we're also keeping close attention on the regions that have more work ahead. In these and other areas, our guiding tenet should be that those who drive costs or benefit from new infrastructure pay their way. By keeping that focus, building needed infrastructure and protecting customers can be complementary goals and not competing ones. Third, regulatory certainty drives infrastructure. As a lawyer, I never forget that if FERC orders don't hold up in court, infrastructure doesn't get built. States, utilities, and developers need confidence in our regulatory processes. That comes from applying the statutes Congress enacted to the specific records before us. It also means not hesitating to improve when experience shows that we can move faster and in a transparent and legally responsible way. That drive to improve is animating our recent work in natural gas infrastructure. In May, we proposed expanding the blanket, program by upping cost thresholds and adding new categories of routine projects for streamlined review. The goal is to modernize permitting to reflect today's infrastructure and cost responsibility needs while preserving resources for more complex reviews. One of my priorities has been expanding that approach to the liquefied natural gas infrastructure project category. I'm proud that we're now several months into a process to design a more efficient and predictable program for the LNG space that fully meets our legal responsibilities. We're also focused on our hydropower related reviews. Hydro brings critical reliability features to the grid, and I support the Commission's continuing efforts to find opportunities to improve post-licensing processes in this important area, too. Today's energy landscape reveals extraordinary opportunities, but also generational challenges to meet them. In these areas and the others I know we'll be discussing today, I resperk uh I respect FERC's twin duties not to go beyond our statutory limits, but also not to hold back, exercising the power we do have in a moment that requires decisive action. Thank you again for the opportunity to testify today, and I'm looking forward to the discussion and questions.

Sen. Lee (UT)59:25 – 59:52

Thanks so much, uh, Commissioner See. We're we're gonna hear next from Commissioner Judy Chang. Commissioner Chang, um, uh, along with Commissioners, uh, See and Rosner has served on FERC since two thousand twenty-four. Um, prior to that she served, uh, in Massachusetts' state government. as the Under Secretary of Energy and Climate Solutions and also taught at the Kennedy School at Harvard University. The chair now recognizes Commissioner Chain.

Judy W. Chang (Witness)59:53 – 1:04:43

Thank you. Chairman Lee, Ranking Member Heinrich, and members of the committee, thank you very much for inviting me and my fellow commissioners to testify here today. Since I last appeared before the committee two years ago, the country's energy sector has transformed at a pace that would have previously be unimaginable. From the position uh at the commission, I'm focused on setting the rules of the road that ensure that our energy system can keep up with the rapid change and continue to deliver affordable and reliable electricity to the American people. I would like to highlight three priorities, set clear rules, upkeep efficient markets, and drive efficient planning and building of infrastructure. First, Our most pressing mandate is to set clear rules to enable the interconnection of new large loads and deliver the electricity needed to power them while protecting existing customers against reliability risks and unwarranted cost shifts. The Commission has been tasked with solving this problem and over the last year we have taken action based on the substantial record before us. Last month we reached an important milestone through the initiation of six regional proceedings in which I highlighted a a number of important issues. Given the increased cost of power in many regions of the country, affordability must continue to be top of mind. The Commission must ensure that creating new pathways for large loads does not lead to major cost shift to existing customers. Though we are improving our understanding of the types of tools that can provide these protections ultimately the details will matter. In addition, the sheer size of the large computational loads will have m- major reliability implications for the grid. I will continue to work closely with NERC to understand the risks and make sure they are addressed through appropriate commission action. With ever-increasing importance, advanced transmission technologies will play a major role in getting most out of our existing and expanding grid, which will in turn help ensure affordability and reliability. Overall, the commission has an important responsibility as both the Economic and Reliability Regulator to take actions that protect consumers. Second, as we experience rapid growth, the Commission must work to ensure that our wholesale electricity markets continue to deliver efficiencies for customers. For decades, FERC has promoted the development of competition in the electricity and natural gas sectors, and I remain fundamentally supportive of those efforts. Our current market structures have been tailored over time to each region's specific needs, but they must now adapt to the major changes underway. In the eastern interconnection, markets must find ways to keep pace with the growing demand, on the supply side by modifying capacity, energy and ancillary services markets to provide the right economic signals to incent new generation and preserve needed existing resources, and on the demand side by enabling more savings through increased participation of demand side resources. In the Western interconnection, new markets are taking shape that may present more complex designs, seams, and dynamics to resolve than their Eastern counterparts. One of my priorities is to work closely with the market operators and and the Western stakeholders to identify and address those challenges, to optimize operations that prevent potential manipulation. Third, the Commission must continue to set clear rules and regulations so that the infrastructure needed to support the US economic growth can be built. More focus is still needed on planning, particularly on the backbone transmission system through regional and inter-regional processes. Order nineteen twenty set the appropriate approach for regions to reach agreement on the long-term trajectory of grid gr grid growth and cost allocation. I'm looking forward to see that the compliance process has begun and working with my colleagues to implement those reforms. The commission also has prominent role in siting hydroelectric and natural gas infrastructure, and we are looking for efficiencies that will facilitate the permitting of next generation of energy projects. We can gain most efficiencies by ensuring that the roles and the responsibilities are clear from the outset, and that our decisions are legally durable and account for people who live near the projects. Making the appropriate process changes can improve access to energy, which in turn improve energy affordability and reliability. I hope that the commission can continue to be good partners to states and regional entities in this effort. Again, thank you for the opportunity to testify and happy to answer questions as we get to them. Thank you.

Sen. McCormick (PA)1:04:45 – 1:05:00

Thank you. Uh, and I'll, uh, turn now to, uh, Mister Lissert who comes to us, uh, uh, with a distinguished career, twenty years in, uh, public service, uh, both the state and federal level, and also, uh, from the Service and Marine Corps. So, Mr. Lester, your uh remarks please.

David A. LaCerte (Witness)1:05:01 – 1:09:33

Thank you, Senator, Chairman Lee, Ranking Member Heinrich, distinguished members of the committee. It's good to be back before you again. I know it's been a few short months since I was last he- since I was last here, and I was beginning to wonder whether you missed me or not. So it's good to be back. Um, it's my honor to serve the American people by implementing the Commission's statutory mandate to ensure just and reasonable rates for the Commission's reliability for reliable electricity, to site natural gas pipeline infrastructure, and liquefied natural gas facilities and licensed non-federal hydropower facilities. I'm also thankful that the Senate confirmed my appointment to serve on the commission for a subsequent five-year term. I'd like to speak on a few of our accomplishments since I joined the commission and addressed my priorities going forward. I will also discuss where I believe Congress should effectuate important reforms so that the American public can benefit from the world-class infrastructure that they deserve. Uh, I'll repeat my Commissioner's sentiments on the June open meeting where the commission took bold action where we where we in- issued six show cause orders, one to each of the RTOs and ISOs within the commission's jurisdiction. The orders direct these groups where the majority of Americans reside, to either show cause why their current tariffs do not need to be reformed, or to file reforms to ensure that large loads, such as data centers, can connect to the transmission system in a swift manner. Importantly, the show cause orders direct the grid operators to ensure that such reforms insulate customers from undue costs stemming from the interconnection of data centers. As I have told this body numerous times, my pledge to the American people is to keep consumer costs top of mind. And I will do so as I continue to review the responses to the show cause orders. This commission also continues to permit projects and issue such authorizations in a timely and legally durable manner. At a time when energy demand is rising and elect- and reliability challenges- challenges are mounting the commission has acted with efficiency and urgency. Year to date, the commission has already issued fifteen percent more orders over the same time period into twenty-five. Since I've joined the Commission, we voted in over seven hundred and twenty proceedings. And the Commission has authorized the addition of approximately thirteen point four two million decatherms per day of natural gas transportation capacity, enough fuel to support the electricity needs of over sixty million American households. But how much energy is that? It's enough to power every household in all States represented by the twenty committee members in this body, plus an additional twenty million Americans. The Commission has also certified roughly nine hundred and eighty thousand decatherms per day of storage deliverability. which provides a critical safety net for the nation's natural gas supply, that can help balance seasonal spikes, mitigate price volatility, and ensure reliability. As Commissioner, I will continue my steadfast focus on removing distractions and extra jurisdictional side quests in strict alignment with our statutory authorities granted us by Congress to ensure the Commission continues to expeditiously review all matters before us under the FPA and the NGA. One such example relates to how the Commission performs its statutory responsibilities under NEPA. Frankly, state and federal reviews have bogged down investments in infrastructure to the detriment of our nation our economy and our environment. We are looking at ways to streamline our internal process to better align obligations under NEPA with the Supreme Court's decision in seven county. As I've said in last month's open meeting, we'll begin implementing changes to the way we evaluate projects against their environmental backdrop as appropriate, and in such a way as to ensure the analysis actually informs the Commission's evaluation of the project at hand, rather than wading into the never-ending quick-stand inquiries about where to draw the NEPA line. We will fulfill the requirements under NEPA, but in a way that is consistent with the NEPA's textual f- textual focus on the proposed action as outlined by a unanimous Supreme Court in seven county. As you've heard me say before, affordability and reliability are my top commitments, and this load growth must not come at the expense of ordinary Americans who are already concerned about their energy bills. Although the commission can take significant action to help ensure America is positioned to win the challenges of the century we need help from Congress. And as sa- as I said before, permitting statutes must be designed to ensure responsible infrastructure, develop it and not stymie it. I'm of the opinion that durable permitting reform must be enacted in the hundred and nineteenth Congress. My view has been reinforced as a commissioner, where I have witnessed firsthand how difficult it is for companies to invest in our infrastructure. I continue to approach the responsibility of commissioner with diligence and dependence and a clear understanding of whom I serve, the American people. It is a profound honor to serve on this commission, Thank you, Chairman Lee, Ranking Member Heinrich, and the rest of the distinguished members of the committee, um, for bringing us together today to discuss these important issues in oversight. The only way we win, the only way the American people win, is by coming together to craft solutions to these problems before us. And I look forward to answering your questions.

Sen. Lee (UT)1:09:35 – 1:11:10

Thanks so much, uh, C- Commissioner Lissert. Um, I apologize, I had to step out briefly. Th- there, um, when you first start to watch proceedings in the Senate, they can look chaotic. And then when you read, uh, watch them more, they can look even more chaotic. Sometimes we have multiple committees going on at once, with multiple committees voting at the same time. Uh, rig- rigid quorum requirements can be unforgiving, so that's why we sometimes have to balance it out. We'll now begin our five minute rounds of questions, alternating between Republicans and Democrats in order of seniority, subject to the early bird rule. And, and I'll begin. Uh, Miss, uh, Commissioner Sweat, Chairman Sweat, I'd like to begin with you, if that's okay. Uh, last month, FERC took bold action to address issues related to uh uh the interconnection of data centers to the grid. Now, i- your orders were designed to uh uh ensure that each region uh will be able to take its own approach to prevent data centers from raising costs to regular consumers. Um, uh the - the orders also seek to modernize the uh electricity sector, which is operated under the same regulatory paradigm for many decades. Uh, even as technology has changed, even when population centers and, uh, electricity demand patterns have, uh, have evolved significantly. Can you explain how, how you intend to use these orders, uh, to help modernize electricity markets and usher in a new era of innovation in the electricity sector?

Laura V. Swett (Witness)1:11:10 – 1:12:56

Thank you for the question, Senator, modernizing and innovation were absolutely the goal of those orders, so I'm very pleased that that has come through. So, it's very clear to me after my decade and a half of litigating FERC law that utilities and markets do not want to change with the exception of a few of them. And it requires aggressive instruction for them to innovate. And so these June orders were the perfect vehicle for us to employ the market experts, the markets themselves, in order to push the grid into the future. And so we are accomplishing that. some main tenants here, which is first, we have directed fast on type timeline modernization of transmission services, and also the study processes that our jurisdictional markets employ. Uh, this will save our consumers a lot of money, and with our instructions, they are now in the markets forced to consider advanced transmission technologies in their study processes, and also to study load that may appear near-generation which will uh reduce the amount of transmission built that is necessary to get the load online. These are all innovations that are not necessarily considered across the country. Some markets have proposed some type of them, but now we are really prompting them on a shot clock to do it. And the third component was that we are forcing more accountability to solve the generation issue. Now, you well know that FERC has no jurisdiction over generation, but because we have directed each market to come back to us, with reporting on what they intend to do, how to handle this generation cliff that we are standing on as a nation, that is forcing thought and hopefully action. And together, these tight timelines and instructions should bring our grid to the future.

Sen. Lee (UT)1:12:57 – 1:13:06

Right. Based on the, eh, the interconnectedness, so to speak, of the, of generation and transmission. And, yeah, that makes sense.

Laura V. Swett (Witness)1:13:04 – 1:13:05

Yes.

Sen. Lee (UT)1:13:07 – 1:13:55

Um, uh, Commissioner Ching, um, FERC order one thousand was issued by the commission back in two thousand eleven. Its goal was to usher in more competition in the electric power sector, uh, particularly by identifying regional transmission upgrades that could be made and ensuring that those selected projects were awarded through a competitive process. A decade and a half later, um, the FERC order one thousand has has not yet fully materialized. What else do you think the commission can do to bring more competitive pressure into the electricity sector, uh, in a way that's likely to improve conditions, including prices and reliability for consumers? And what what action can Congress take to be helpful?

Judy W. Chang (Witness)1:13:57 – 1:15:14

Thank you, Chairman, for the question. Um, I th- I think I wanna h- first highlight what you already said, which is the intent of order one thousand regarding competitive transmission really has not materialized. There are some regions that I have definitely spent the last decade or so implementing competitive processes, um but to actually bring efficiencies and cost savings to consumers, um those processes are really just beginning to bring some benefits to to the to the grid. And I do think that um we should find additional efficiencies through competition where it's possible. And um as as you probably heard from my uh opening statement, the backbone transmission system is extremely important in integrating the large loads that we're seeing and the large generation that we're adding to the system. And to bring down the cost to all consumers require competition. And um I hope that uh, order one thousands in the, in the, and the, uh, the original, uh, goals of order one thousand could be materialized in the future. Thank you.

Sen. Lee (UT)1:15:14 – 1:15:55

Uh, thank you. Commissioner Le- LeCert, um, I think it's fair to say that natural gas is, um, is a key element. Some might say backbone, others might say cornerstone or a keystone of, um, of, of a reliable, affordable electric power grid. And This commission has been moving quickly to help get needed infrastructure approved. Um, you know, based on this understanding, would you walk the committee through FERC's recent accomplishments on natural gas, uh, the - the certificates and the capacity you've approved, the steps you've taken to speed up reviews, and what that might mean for consumers, uh, particularly as they get their energy bills.

David A. LaCerte (Witness)1:15:53 – 1:16:59

Yeah. Absolutely, Chairman. Um, so first you can take a look at how we survived the recent winter storms and And it's really easy to see the, the way of the future, how we power the country, uh, through the future is with natural gas. And the economists at FERC have been consistent and clear that with additional supplies of plentiful and abundant natural gas, that will help, um, drive prices lower. Um, and it's e- simply economics, you know, you're gonna increase the supply, um, you're gonna increase the opportunities for consumers to utilize it. Um, and especially in the municipally owned utility space. You know, some of these municipal governments are captive by one single pipeline, which they get their rates from. If we could, we can increase competition for natural gas, especially amongst the municipally owned utilities, I think you're gonna see prices go down. I think you're gonna see investments in our infrastructure. You're gonna see, um, re-onshoring of, of industry, you're gonna see data centers grow, um, which is of vital importance to our country. Um, but we're gonna do it in a responsible way that protects the consumers. And we're we're doing that right now in a bipartisan way with all five commissioners.

Lindsay S. See (Witness)1:17:00 – 1:17:02

Thank you. Senator Heinrich.

Sen. Heinrich (NM)1:17:04 – 1:18:09

Thank you, Chairman. Um, I was, I was pleased to hear, uh, Commissioner See, Commissioner Chang, and, uh, Chairwoman Swett all mention advanced, uh, transmission technologies. And we all know that, uh, there haven't always been the built-in economic incentives to put some of those things onto the grid. despite the fact that they can all uh often have very outsized uh and and and efficient impacts um on how we utilize the the existing grid um you know in a way that doesn't require enormous economic upgrades. So I I wanted to ask if you wanted to add anything to that conversation um and also what would be helpful from congress in terms of congressional action uh to reinforce a posture of incentivizing these these technologies commissioner see do you wanna jump on that first you were the first to mention it so

Lindsay S. See (Witness)1:18:10 – 1:18:35

happy to senator heinrich yeah i i think when we look at our reliability and affordability challenges it it's certainly necessary that we need to build new infrastructure and that's expensive so nobody is denying that But there's also a really important moment for us to make the most out of the existing infrastructure, and that's when ATT's gets the these technologies can be incredibly helpful. They're not always the best solution, but they are and they can give significant speed and and cost savings to customers.

Sen. Heinrich (NM)1:18:31 – 1:18:32

Mm-hmm.

Lindsay S. See (Witness)1:18:35 – 1:18:44

So I was really, um, grateful that my colleagues and I were able to come together and include more language about that in the two O six orders we talked about to make sure that utilities take a hard

Sen. Heinrich (NM)1:18:42 – 1:18:42

Mm-hmm.

Lindsay S. See (Witness)1:18:44 – 1:19:05

look at these options when they're considering transmission upgrades. In terms of what more can be done, um, you know, FERC has limited authorities in this area, so we can encourage, we can incentivize, um, but if if Congress, if this is an issue Congress wants to take up and gives FERC more clarity and authorities I would love to see us to be able to run in this direction because I think it can be so helpful for both reliability and affordability.

Sen. Heinrich (NM)1:19:06 – 1:19:10

Very helpful to either of the two, chair Wan.

Laura V. Swett (Witness)1:19:10 – 1:20:01

Thank you for the question, Senator. I fully agree with you and Commissioner See on this one. we're looking at gets from every angle and we recently had a software conference where i had a panel added to have panelists specifically who have experience implementing gets in their utilities and their markets to see how that's playing out the um economics associated with it and i think it's getting a lot of traction the biggest barrier to answer your question and a final point the federal power act prohibits FERC explicitly from mandating building of any particular transmission facility except for the backstop sighting authority. And it is my per- personal opinion as a lawyer that gets fall under that category. So until Congress changes that prohibition, FERC's not really able to instruct anything more aggressively.

Sen. Heinrich (NM)1:20:01 – 1:20:10

But you can uh force the analysis, which can then show the the the most efficient economic path.

Judy W. Chang (Witness)1:20:05 – 1:20:06

Correct.

Laura V. Swett (Witness)1:20:10 – 1:20:13

And we have that type of analysis in Arjun or

Sen. Heinrich (NM)1:20:11 – 1:20:16

Yeah. I think that's been very helpful. Commissioner Chang.

Judy W. Chang (Witness)1:20:16 – 1:21:22

Great. Thank you very much, Senator, for that uh question. I too support uh the use of advanced transmission technology. More than support, I think it's time that we take pilot projects and the industry takes pilot projects and really implement the the the most advanced technologies to save consumers' money. Uh, again, if US wants to be a leader in technology, this is another set of technology that we can lead in the industry. Uh, when it comes to certainly, I think if Congress wants to uh work on this, uh, we would be very happy to implement uh any particular changes. Under the current authority, uh, when transmission owners and developers come to FERC and request for incentives, I think there are s- there is some room for FERC to ask uh, the transmission owners and developers to demonstrate to, and illustrate or to explain what technologies they're implementing and what else they have considered and why they are not adopting the best technologies available.

Sen. Heinrich (NM)1:21:20 – 1:22:03

Right. Great. No, I appreciate that. Um, according to Lawrence Berkeley National Laboratory, at the end of twenty twenty five, there were more than eight thousand two hundred proposed power plants trying to connect to the grid. Uh, but only thirteen percent of the capacity that has attempted to get on the grid between two thousand and twenty twenty has actually reached commercial operation. And, um, I recently introduced the Grid Connection Congestion Management Act, which would allow generators to interconnect even faster to the to the grid. But I I want to ask you, Commissioner Rosner, um, what steps beyond order twenty twenty three should fir- take to further improve generator interconnection?

David Rosner (Witness)1:22:20 – 1:23:54

Thank you for the question, uh, Senator Heinrich, and, and, yes, I, I, I think it's obvious to me that there's a huge opportunity to be smarter about how we run our interconnection processes. Um, the Texas model is one example. implementing automation on our current cue cluster uh study process is another example um in the s p p region we had a a proposal from them that they brought to us with unanimous support from their states uh that uh re-imagined how to do both generator interconnection and transmission planning together and uh the but back on automation there there's a huge opportunity there in my so their old way with pen and paper and and engineers doing the power flow studies it took them six hundred eighty-six days to process their twenty twenty-one cluster, uh, over a hundred gigawatts of generation using automation, the new way, uh, less than ten days. Um, and there's open public benchmarking on - on how well this worked. It - it - it was very, very close, uh, and continues to get better. Um, and, uh, from my perspective, you know, this is all about let's give applicants, people who wanna connect new power plants to the grid, let's give them the answer on whether it makes sense to connect to the grid in that location or not and also i wouldn't be doing my job if i didn't already say you know appreciate your leadership on transmission regional inter-regional none of these interconnection queue reforms work if there isn't a grid to plug the power plant into and we can talk more about some examples of how that hasn't worked so well recently and it's a huge problem

Sen. Heinrich (NM)1:23:55 – 1:23:55

thank you

Sen. Lee (UT)1:23:56 – 1:23:57

senator perezka

Sen. Barrasso (WY)1:23:57 – 1:25:25

uh thank you mr. chairman uh madam chairman other members What I wanna talk about is the Seminole Pump Storage Project, which is in the state of Wyoming. On June twelfth, uh, FERC staff issued their recommended final environmental impact statement for the Seminole Pump Storage Project. This is a private project, and it would create water pump storage infrastructure above Seminole Reservoir which is in central Wyoming. Functionally, the project works as a battery with about capacity of efficiency of about seventy percent. It uses power to pump water into storage, and then it sells the power at a profit, uh, when the grid needs electricity. But Wyoming constituents that I've heard from have concerns. Uh, they worry that the project harms the only disease-free bighorn sheep herd in the state and critical mule deer, pronghorn, and sage-grouse habitat. They also worry that it harms one of the most legendary trout fisheries in Wyoming in the world it's known as the Miracle Mile. but it's over five miles, it's a stretch of the North Platte River between the Seminole Reservoir and the Pathfinder Reservoir. Uh, this is an area that must be protected. The project received its water quality permit from the state. Uh, there are concerns about wildlife that haven't yet been resolved in the recommended environmental impact statement. The state submitted comments on the project, which, um, I have here and, um, Mister Chairman will like to enter these into the hearing record w- without objection.

Sen. Lee (UT)1:25:25 – 1:25:26

Without objection.

Sen. Barrasso (WY)1:25:26 – 1:25:44

Thank you, Mr. Chairman. Uh, it's critically important that Wyoming's concerns are thoughtfully and carefully considered in this process. So, Madam Chairman, I would ask you a and others if you would commit to taking a renewed look at the state's comments and consider their incorporation into your final decision.

Laura V. Swett (Witness)1:25:45 – 1:26:01

Thank you for the question, Senator. I know these types of projects have great impact on community. They're very emotional for both sides and I am fully committed to making a measured decision based on the record and working with your staff um to arrive at the right choice for the american people

Sen. Barrasso (WY)1:26:02 – 1:26:04

thank you anyone else want to weigh in on this

Judy W. Chang (Witness)1:26:06 – 1:26:21

perhaps i could just add senator um thank you for your question that hydropower is an extremely valuable resource uh including the seminole project and i too will commit to making sure that the state's uh comments are considered in the record

Sen. Barrasso (WY)1:26:21 – 1:26:51

great and madam chair for you and then anyone else Western electricity markets, they're they're evolving rapidly, a a as you all know. Uh, this comes from the implementation of uh new day-ahead markets. It it comes from the new regional organization for western energy and southwest power pool's expansion to the west. The goal is unified and coordinated electricity transmission. While participation in this new model can be a good thing, states like Wyoming need a meaningful voice in governance. Wyoming is a number one electricity

Laura V. Swett (Witness)1:27:10 – 1:27:13

Thank you for the question, Senator. As a core principle in my leadership,

Sen. Barrasso (WY)1:27:12 – 1:27:12

Mm-hmm.

Laura V. Swett (Witness)1:27:14 – 1:28:04

I take our country's system of federalism very seriously, and state voices must be heard and I think I've shown that I really do care about states through our two O six orders in June where we carved out specific transparency to give our state counterparts the tools that they need to insure that the markets work correctly. And that commitment that I've made to in those orders I commit to you as well in the other parts of the country that are not covered by them and particularly when it comes to the west, we are watching very closely as those markets evolve. We've ordered the s p p and kaiso to come back to us with a report on how the seam is going to work and what issues they see arising so that we can all land this ship together and uh the states are certainly a huge part of that so i commit to taking their concerns very seriously

Lindsay S. See (Witness)1:28:04 – 1:28:04

right

Sen. Barrasso (WY)1:28:04 – 1:28:06

uh anyone else wanna respond on that

David A. LaCerte (Witness)1:28:07 – 1:28:16

yes senator i just wanted to echo the chairman's sentiments on this and also recognize that many western states reached out last week after our order to require s p p and kaiso to work together

Lindsay S. See (Witness)1:28:29 – 1:28:46

i'll just add to that that um we strongly respect state autonomy in what comes to choice about what markets to join or not to join but once those are formed we take seriously our responsibility as well to ensure just and reasonable rates and and a a fully effective market and an important part of that who is who has a voice in the market and in those decisions so yes i take

Laura V. Swett (Witness)1:28:45 – 1:28:45

mmm

Sen. Lee (UT)1:28:47 – 1:28:54

Great. Thank you. Thank you, Mr. Chairman. Thank you very much, Senator Barrasso. We will go next to Senator King.

Sen. King (ME)1:28:55 – 1:31:38

Thank you, Mr. Chairman. First, I want to thank you for modeling how government is supposed to work. Uh, uh, th- this commission has worked together very effectively without reference to partisan interests. Uh, the six orders that you issued in June I think were, again, a model of a prudent, uh, regulation and exercising of the powers that you have under the federal power act so uh thank you uh it's not often that you get that kind of uh I just wanted to to to share that um uh you you we we've been a lot of talk about gets and I I I I always show what gets really is all about uh this is a typical uh high high tension transmission piece of wire and this is a carbon fiber based transmission wire, this one carries twice the power that this one does. So you can replace your conductor without new poles, without new right of way, without a lot of new civil works, and double the capacity. So that's really what we're talking about here. And uh chair and uh chair sweat, I I was a little took a little issue with you. I I understand that you can't mandate a technology, but your responsibility is just in reasonable rates. And it seems to me if the the transmission folks are taking actions that don't make economic sense and will penalize their rate payers, that does give you a hook to look more carefully at how they actually do it. Now, having said all that, w- I think one of the things that you could be very helpful t- to us is how do we incentivize these kinds of decisions? Because right now the incentive on the transmission developer is to invest. They make a rate of return on the amount of money, the capital that they put in. That's an incentive to gold plate. That's an incentive to build more than you really need to build, and it's a disincentive to do something like this. So I think one of the things we need to look at is how do we provide shared savings, for example, or some kind of incentive to the, to the companies, uh, to make these kinds of in- investments, because the, the cost of the grid enhancement is, is going up in a huge way over the next several years. It's gone from about thirty percent of electric bills to forty or fifty percent today, and this cost is going to be overwhelming in the next five or ten years if we don't do it in a smart way. So, uh, Chair Sweat, I I commend you for what you're doing, but I hope that you'll think about how the incentives and also a little more leeway on just and reasonable rates.

Laura V. Swett (Witness)1:31:39 – 1:32:41

Thank you, Senator. I am absolutely thinking about that in fact i've convened a task force in the commission of some of our best thinkers to think about the gets issue and how we can encourage it further including potential incentives which have to be landed squarely to show that they will result in cost savings to american rate payers so we have a lot of utilities across the country who have proactively started employing gets and now we have some of the data from the cost savings that those specific technologies are able to produce for the uh those utilities and their customers. So FERC staff is actually working with those, trying to understand their real-life results and trying to figure out if there is a way that we can incentivize the increased use of gets and AT_T_s outside even of our June orders uh for filings for utilities who can come in and actually show how much cost savings the technologies that they're looking at can bring to their consumers. So that is definitely a path forward that we are open to and actively pursuing.

Sen. King (ME)1:32:42 – 1:33:04

And I think the other thing I hope that you'll pursue and and uh Commissioner Rosner you mentioned this is uh the encouragement of the use of we're talking we're saying automation but it's really AI in in resolving the backlogs in the queue because that's a that's a a huge problem and I think restate the numbers that you gave from the number of days to down to ten days I it was quite remarkable.

David Rosner (Witness)1:33:03 – 1:33:11

In in in my cell, which is in the Midwest, it was their old way. six hundred eighty-six days the new way less than ten days

Sen. King (ME)1:33:12 – 1:34:48

I mean, that speaks for itself. So, I hope again you'll figure out ways to incentivize that kind of activity. And one way to do it is to say, look, if you do it the old way, you're not imposing just and reasonable rates on on your rate payers. I mean, that's the that's the one of your basic responsibilities. I just want to say a quick word about permitting reform. I've been involved in all the permitting reform discussions here. I'm a former developer. I get it, I understand the problems with permitting, but permitting reform for me has to involve an even-handed process throughout. And one of the problems we have right now is we could have all the permitting reform in the world, but this administration has its thumb on the scale of renewables. So there's no point in a, in having, it would be like two racers going along and one has a clear hundred yard dash and the other has a hurdle at the end. And that's what's happening now. The secretary of the interior has, I don't know, a hundred, projects, wind and solar sitting on his desk. Uh, the the army clearing, have the military clearing house on wind projects, has I think a hundred and eighty-five projects that have just been arbitrarily stopped without any rationale, without any explanation. So, uh, I'm all for permitting reform, but not if it's en- it ends up as a practical matter only reforming the permitting for fossil fuels and the the the opportunity for renewables, which by the way are the cheapest and fastest to market of any energy source today, unless that, unless the playing field is level, count me out. Thank you, Mr. Chairman.

Sen. Lee (UT)1:34:51 – 1:34:55

Thank you so much, um, uh, Senator King, we'll turn next to Senator McCormick.

Sen. McCormick (PA)1:34:57 – 1:37:20

Thank you, Mr. Chairman, ranking member. Uh, we are at a critical juncture for powering our country. And the investments we now make will determine whether America's manufacturing and technology future is built here or somewhere else. Right now, demand for electricity is growing faster than at any point in decades, and supply, as we've established, is not keeping pace. Two forces are driving this demand. First is the AI revolution that's changing the way we work, operate, creating new jobs and opportunities. And companies are bringing manufacturing back to the United States instead of overseas. That's really great news for America. But only if we have the power to run these operations that come with each of them. While states like Maryland and New York are shutting down base load generation, I'm proud to report that Pennsylvania remains a net energy exporter, we're the thir- the nation's third largest electricity producer. Uh, Pennsylvania's powering, manufacturing, the air revolution, and uh, our nation's defense capabilities all at once. However, we must do more. And a brief look at the scale of this challenge shows us that for nearly twenty years, power demand was flat, had nearly half a percent growth annually, From twenty twenty si- twenty twenty twenty twenty to twenty twenty six, we saw electricity demand increase growing by an average of one point seven percent per year. By twenty thirty, our electricity demand could jump twenty percent. Think about that. In ten years, we've gone from half a percent growth to twenty, and our supply is nowhere close to keeping up. Earlier this month, Bank of America reported that the US could face an electricity generation shortfall of a hundred gigawatts between twenty twenty six and twenty thirty. Closer to home, this all comes to rest in Pennsylvania at the PJM interconnection, which serves my home state of Pennsylvania. Their most recent auction came up short below their reserve margin targets. I applaud for - for the work it's doing to advance President Trump's agenda to power the great American comeback but we need to do more. The demand is coming with advanced manufacturing AI pulling it forward quickly and we need to get more electrons on the grid, which leads me to really questions focused on PJM and I'll start with uh the chairwoman, uh, tomorrow FERC will convene a conference to discuss ways to improve PGM's governance and stakeholder processes, including their ability to address market needs in a timely and efficient manner. Could you elaborate on why this conference is needed, and some of the governance and stakeholder challenges that FERC and PGM hope to address?

Laura V. Swett (Witness)1:37:21 – 1:37:23

It's my favorite topic.

Sen. McCormick (PA)1:37:23 – 1:37:24

Good, mine too.

Laura V. Swett (Witness)1:37:23 – 1:38:51

Thank you for the question, Senator. Well, I I don't need to tell you that PGM powers the homes of sixty seven million americans and as the largest and oldest market in the country it is probably performing the worst and i am very concerned that is why we are convening this tech conference uh tomorrow and it's not necessarily p. j. m.'s fault we don't wanna point fingers a lot of the reason for the tech conference tomorrow is because i am a litigator i want a record on one what the problems are uh and two what the solutions are so we have instructed the people who we have hand picked and chosen all of our panelists tomorrow based on what they will bring to the table for solutions and that is at every level it's the s federal level the state level the utilities transmission owners hyper scalers all types of market participants and we are optimistic that the people will be able to coalesce around identifying what should change in the market by the end of tomorrow and the comments filed after so that we can give clear direction and success to me looks like a p j m in the near future that is able to propose solutions quickly with some type of member support that is clear and to make those filings and excellent filings at first so that we can move expediently to have this market serve the country efficiently

Sen. McCormick (PA)1:38:52 – 1:39:24

very good thank you and i'll just as a follow-up to that and i'll Turn to you, Mr. Rosner. Um, one of the concerns we have as an exporter within PGM, Pennsylvania's an exporter, uh, that decisions made within PGM increasingly have enormous consequences for rate payers. And we want to ensure that no single state, no individual state can distort the regional market in a way that disadvantages Pennsylvania's consumers and rate payers. Can you comment, uh, on how FERC might play a role in ensuring that doesn't happen?

David Rosner (Witness)1:39:25 – 1:41:50

Well, thank you for the question, Senator, and, um, uh, agree with your your focus on PJM and looking forward to the conference tomorrow. And and, um, you know, I'll just say a few things. First of all, um, making sure that that all customers across PJM are are are treated fairly, uh, and that they pay for the power that they receive, uh, in a way that that's transparent and that's consistent with our uh cost causation uh rules, like that that that that's what we'll that's one of my goals and and and that's how we'll we'll review uh future uh proposals from p j m um the the other thing i would i would just say is um you know i i think it's it's it's very good and it's the appropriate time to have this conversation about governance of p j m i don't wanna lose sight of the fact that um that it does save consumers billions uh every year in in in terms of efficient operating operation of the whole grid um, and efficient planning of the transmission system. Um, but also none of that works if you don't have buy-in from States. And so one of my priorities throughout the Commission's work, uh, is that we set the market rules, uh, and, and that results in price signals to invest. But none of that goes anywhere if the States don't believe in the in the in the way that that price was derived. On the transmission side of the coin, we set the rules about how you plan the grid. And one of the things that I pushed for in order number nineteen twenty was, let's have the States come to the table and agree on the scenarios, the way we plan that transmission, the way the cost of that transmission is paid for. It it it it seems like common sense to me that States and their utilities should agree on this. And that's where I I push to make FERC uh regulations, you know, involve the States more because ultimately, we depend on the States to give the permits to build power plants, transmission lines to do all those things. And we've talked a lot about grid efficiency and and gets and and advanced transmission technologies. Not only is that gonna save people money, but also when we do need to build something, Americans, consumers, they're smart, they wanna know that you really needed that wire before you put a new wire in. And those those wires or pipelines or whatever it is, power plants, they have big impacts. And so we we need to show people and be transparent that we tried everything we could, we got every last ounce of efficiency out of the grid before we did something new.

Lindsay S. See (Witness)1:41:50 – 1:41:51

Very good. Thank you.

Sen. Lee (UT)1:41:53 – 1:41:54

Senator Cortez Masto.

Sen. Cortez Masto (NV)1:41:55 – 1:42:53

Thank you, Mr. Chairman, uh welcome to all the commissioners, thank you for being here. I want to talk about the growing hydro demand. Um, and uh, your own data shows increased demand for hydro licensing activities in the next decade, right? Um, with more than forty percent uh of the non-federal hydro-parallel fleet due to be re-licensed, I think by twenty, thirty-five. Um, for that reason, Senator Daines and I, actually working together, introduced S thirty five hundred, which is the Hydro-Power Licensing Transparency Act. And it requires annual, uh, FERC reports to Congress on pending projects and action plans. But I know last year, FERC sought public feedback, right, on methods to streamline its review of hydropower facilities. And I was wondering, uh, maybe, uh, Commissioner See, can you give us a report on that and w- uh, maybe maybe up to date where where you are with that particular item?

Lindsay S. See (Witness)1:42:53 – 1:43:42

Uh, I I'm happy to, Senator Cortes Masto. I agree with you, those statistics about the amount of work coming in is is sobering, and in order to keep this critical resource online in so many parts of the country. So, we we take that seriously and and really welcome your leadership and others in Congress um for accountability from us in ways we can continue to streamline the process. we're hard at work at that too. As you're well aware, our review when it comes to Hydro was very expansive, considering a huge range of uh of factors, and we need to do that job well. But I believe that the best kind of permitting is transparent and efficient and legally durable. So part of what we're i- in the process on right now is we asked for comment about ways that we can learn from lessons in permitting streamlining in the natural gas context and how potentially can we apply um a blanket program into the Hydro area. That's still ongoing, so I can't talk about, you know, where we're ultimately gonna go,

Sen. Cortez Masto (NV)1:43:41 – 1:43:41

OK.

Lindsay S. See (Witness)1:43:42 – 1:44:12

but - but I can tell you that that's something that's top of mind for us, is to figure out are there types of routine projects or changes or amendments that do not need a - a - a full case-specific review and can have a more streamlined process that still complies with our statutory responsibilities. That's a program that's been really effective for decades on the natural gas side. Of course, the statutes are different and the interests are different, but we have decades of experience within the commission that we're really leveraging to figure out how do we take those lessons and bring it to streamline in in this important part of the parish?

Sen. Cortez Masto (NV)1:44:11 – 1:44:15

And so will the public have meaningful input in this process as we are looking at hydroelectric?

Lindsay S. See (Witness)1:44:15 – 1:44:17

Absolutely, yes.

Sen. Cortez Masto (NV)1:44:16 – 1:44:17

In the blanket certificates?

Lindsay S. See (Witness)1:44:17 – 1:44:21

So we have already um we have already sought comment uh in the initial processes there,

Sen. Cortez Masto (NV)1:44:18 – 1:44:18

Okay.

Lindsay S. See (Witness)1:44:21 – 1:44:29

and as the commission moves forward, you know, on next steps, there would also be a a public comment process to make sure that we are considering all the relevant factors.

Sen. Cortez Masto (NV)1:44:28 – 1:44:32

And can you give us just a broad time line when we will have some sort of

Lindsay S. See (Witness)1:44:33 – 1:44:36

I I I can't speak to internal time frame within the commission.

Sen. Cortez Masto (NV)1:44:33 – 1:44:36

report or conclusion? Don't know yet? Okay.

Lindsay S. See (Witness)1:44:36 – 1:44:41

I we're still working on that. tell you is it something that we are it is top of mind for us.

Laura V. Swett (Witness)1:44:41 – 1:44:42

Yeah.

Lindsay S. See (Witness)1:44:41 – 1:44:46

I know I talk about it all of the time but we have our regular updates with other offices and across the agency.

Laura V. Swett (Witness)1:44:44 – 1:44:44

Yeah.

Sen. Cortez Masto (NV)1:44:46 – 1:45:56

Thank you. I also I I also want to commend you all um on the work that you are doing um to address and combat market manipulation fraud. I I thank you for that collective work. I understand um and we you know I and I think um it was mentioned in the opening that in April FERC issued a penalty order in its enforcement action against American Efficient after uncovering what Frerk described as " one of the largest and most brazen fraud schemes in its history". Um, and I thank you for that. I'm curious, and maybe Chairman, um, Sweat, if you could speak to other efforts to combat market manipulation. Um, and also know that to assist in your enforcement efforts, uh, Senator Cantwell and I introduced legislation. Um, we both were very concerned, um, in the past, um, coming from the state of Nevada about market manipulation that we have seen uh in the past uh and it's uh we re-in introduced it it's the Energy Consumer Protection Act gives FERC the authority to ban or limit traders who are found to repeatedly manipulate electricity in natural gas markets but if you could talk a little bit about your focus in this space

Laura V. Swett (Witness)1:45:57 – 1:47:03

thank you for the question senator um I was an enforcement prosecutor at FERC and as a baby lawyer who grew up in FERC's enforcement office I they have a fond place in my heart. I know how diligent the staff works, how passionate they are, and I share that passion. When we're facing increasing energy bills in this country, there is absolutely no room for fraud. There was not before, but now every single penny matters, and I take the enforcement program very seriously. I am very supportive of it. I was extremely proud to issue the biggest penalty in fork history under my tenure to American Efficient. and that is a signal that that type of market manipulation and activity will not be countenanced by this commission under my leadership we are looking at the enforcement program with fresh eyes to look at what type of training may be helpful for them as someone who has worked in private practice i have had a lot of litigation training and i am very aware of how training can improve the quality of work and my goal for our enforcement program is excellence i have very high standards

Sen. Lee (UT)1:47:30 – 1:47:31

Senator Hyde-Smith. Senator Hyde-Smith.

Sen. Hyde-Smith (MS)1:47:33 – 1:48:45

Thank you, Mr. Chairman. Thank you all for being here today and, uh, being so committed and dedicated. I certainly appreciate that. We, um, we talk a lot about affordability. And, uh, in your testimonies and your written statements, you know, it was one of the top priorities. And this administration and this commission, you continue to take action to be so conscious of that, that rate payers aren't burdened by the higher cost. And Mississippi, my home state, continues to be at the forefront of safeguarding rate payers by insuring companies like data centers pay their fair share for large loads. So I want to talk about the large load rates. And states are passing legislation that these companies have to pay up front to anticipate an additional cost because they are just preparing themselves for that but what mechanisms is first implementing specifically for large load customers to pay upfront payments and uh commitments to maintain minimum financial contributions to keep the rates from rising and any anybody that wants to take that or all of you can take that.

Laura V. Swett (Witness)1:48:48 – 1:49:44

Uh thank you for the question, Senator. I'll take the first crack. So our approach to that issue, which is squarely in front of us for this country and also raised by the President in his rate payer protection pledge, is uh a two-fold approach we are casting a wide net across the country which we've all talked about in our um june orders i'm happy to get into that in more detail if you'd like but before i do that we are also looking at the minutia we have agreements filed with us across the country from various utilities and large load arrangements on almost a daily basis with they're proposing deals and interconnection uh arrangements that implicate hundreds of millions of dollars. And we look at those arrangements with a fine tooth comb to ensure that the upgrades that are required by large load is not shouldered by consumers. So we look at it on a uh case-by-case basis and also in across the markets.

Sen. Hyde-Smith (MS)1:49:46 – 1:49:47

Certainly.

David Rosner (Witness)1:49:47 – 1:52:05

Th- thank you, Senator Highsmith, for the question, and um, yeah, I I'll I'll elaborate a little bit on the the the orders uh to show cause, and I'll just say what's in the orders, because they are pending in front of the commission. Um, we're we're attacking this problem with a couple of different uh prongs. First of all, we're requiring contracts. Um, and uh, one of the things I like to say is is like fundamentally, this problem is a math problem, uh, it's an accounting problem, uh, it's not a glamorous problem to solve, it's like, it's kind of like, let's figure out how much infrastructure we build for you, and then let's make sure that gets on your bill. Uh, and um, we we're requiring contracts to make sure that we don't have stranded costs, if you leave early. Uh, we're requiring contracts that if we have to build a lot of infrastructure up front and the project isn't energized, that we have a way to bill the project, uh, for that cost and it doesn't go to other consumers. Um, we've talked a lot about, uh, advanced transmission technologies and gets. We have a strong requirement in in our orders to show causes, actually goes further than any commission order, uh, on consideration of gets and it does that by not just asking the utilities to consider an alternative to spend but also use a study use a power flow study that can actually model the advanced transmission technology and provide a public report on why you couldn't do it if you can't do it uh and then uh we also have some transparency um because you mentioned uh mississippi i i i met with the folks from from energy with with uh with their team there and heard about the work that they're doing at the state level. What we've heard from state commissioners are is when your interstate transmission projects show up at our commission, we don't always know what what was spent for who. And so in our our rules, we're asking people to, if you built a network upgrade to serve a large load, you gotta make that public and let the state commission know so that they can then use their large load tariff and charge it to the right customer. Uh, and so None of this is perfect, uh, but it's a big step in the right direction and we're gonna get some public comment and and some iteration on it and we're gonna keep working with our state colleagues to get this right because fundamentally this is basic math, it's addition and subtraction, but I I I really believe we can we can do this.

Sen. Hyde-Smith (MS)1:52:05 – 1:52:09

So is the state legislation necessary with your contracts?

David Rosner (Witness)1:52:09 – 1:52:33

The uh uh the ultimately under the Federal Power Act the the responsibilities for the commission uh are separate from those from the state commissions. So the state commissions they're responsible for giving the bills to the end-use customers, whether it's, you know, a small business, a home, or a data center. We're not responsible for that. We we give the bills to the transmission system customer, which tends to be like an energy, uh,

Sen. Hyde-Smith (MS)1:52:33 – 1:52:33

Yeah.

David Rosner (Witness)1:52:33 – 1:52:58

in in in Mississippi. And so we need to work with the States and and and and frankly, I I don't think the the country has appreciated that thirty states, more than thirty states, actually have these rules, either under development or in place. And again, they're not they're not perfect, we're we're learning a lot as we go, but they're but but that's all well and good. And so I'm optimistic that that we can make progress to protect regular rate payers.

Sen. Hyde-Smith (MS)1:52:58 – 1:53:00

Thank you so much, and my time is up.

Sen. Lee (UT)1:53:03 – 1:53:04

Senator Hirono.

Sen. Hirono (HI)1:53:05 – 1:54:33

Thank you, Mister Chairman, I thank the Commissioners for coming to testify today. I believe that each of you testified that um energy affordability, the cost to consumers is a major all of you. Now when this regime puts its thumb on the scale in favor of fossil fuels and not not so much for renewables I think that it's not keeping consumer costs upper most in mind which I believe it should. For the chairwoman in May a company called Longboard started the pre-filing process with FERC for an offshore natural gas import terminal and pipeline in hawaii and this is really the first time that the state of hawaii any entity in hawaii is engaging with firq because up to now you have had little to none uh jurisdiction over the uh energy uh market in hawaii so the terminal would fuel a gas fired power plant the parent company jira is also proposing to build and the parent company as i mentioned jira has indicated to the hawaii public utilities commission its interest in being a regulated generation utility in the state. When FERC evaluates the economic need for the offshore facilities, will FERC consider whether Hawaii should have two public utilities providing energy to the people of Hawaii?

Laura V. Swett (Witness)1:54:34 – 1:54:42

Thank you for the question, Senator, and I I do love Hawaii. I've spent some time there. Um, yes, I commit to you that any application that comes

Sen. Hirono (HI)1:55:01 – 1:55:09

uh what other factors would you take into consideration as you deal with the longboard's application to FERC

Laura V. Swett (Witness)1:55:11 – 1:55:36

uh requirements under the administrative procedure act NEPA and the natural gas act that say what type of analysis FERC has to go through in order to grant a certificate of public convenience and necessity so comments that are raised on the record and also typically there will be a a whole list of environmental factors and economic factors and i'm happy to have uh a FERC staff work with your staff to help you understand that process better since this is the first time

Sen. Hirono (HI)1:55:37 – 1:55:46

so uh just so i understand the the would consider environmental factors in its decision on on the longboard's application

Laura V. Swett (Witness)1:55:42 – 1:56:01

yeah we do have to examine the impact on the environment of a project and those are the direct impacts of a project on the local environment and there there is uh a very set way in which we go about looking at that

Sen. Hirono (HI)1:56:01 – 1:56:10

didn't the supreme court's decision limit for uh consideration of a downstream such as i would assume their environmental factors

Laura V. Swett (Witness)1:56:10 – 1:56:23

we no longer look at the downstream impacts of a project however we do look at the direct impact of a project that is still required under law and we take that very seriously and that would involve the direct impact upon the community

Sen. Hirono (HI)1:56:23 – 1:56:37

how important uh is it to you that the applicant engages a community in its uh project in other words to get input from the community is that something that you therefore would require of the applicant

Laura V. Swett (Witness)1:56:37 – 1:56:58

Well, BERC actually has an office of public participation, which is statutorily required by Congress. Uh, we help engage communities. And in my experience generally, just stepping out of my chairman role, I find that infrastructure projects that do engage communities have greater success if they're able to educate and work with the community and understand their concerns.

Sen. Hirono (HI)1:57:00 – 1:57:23

So, uh, one of one of the concerns now is, uh, that the how much they uh these data centers and then maybe this is something that commissioner chan can respond to because i believe you talked about it but the use of energy by these data centers and what is for doing to make sure that the the cost of these data centers that they they do not fall unfairly upon repairs

Judy W. Chang (Witness)1:57:25 – 1:58:10

thank you for that question senator um as part of our two O six um that we discussed here repeatedly is a component with cost shift, looking at the potential cost shift and therefore allocating the proper cost associated with network upgrades. Um, so the combination of our two O six and uh the component of about cost shifting or limiting cost shifting as well as transparency of the cost that's triggered by data centers or other large loads, uh as they connect to the grid I think we are um poised to address the issue of cost shifting when it comes to network upgrades.

Sen. Hirono (HI)1:58:10 – 1:58:24

Yeah I think the the the cost shifting is uh a definite problem in fact some jurisdictions are passing legislation to uh prevent data centers from even being uh built in their locations. Thank you, Mr. Chairman.

Sen. Lee (UT)1:58:26 – 1:58:28

Thank you very much. Uh Senator Daines.

Sen. Daines (MT)1:58:28 – 2:00:34

Timmerly, thank you, as well as Ranking Member Heinrich. Commissioner, it's good to have you all here today, all five in one place. It's a great sight to see this today. Uh, there's one source of energy that has bipartisan cooperation support, it's hydropower. Uh, it's a renewable source of energy, it's great base load power, it's low cost. This week I introduced the Hydro-Power Licensing Affordability Act with Senators Risch and Murkowski. This bill makes a small but very important change to the Federal Power Act. Because right now, resource agencies can put mandatory conditions in hydropower licenses. While FERC is the agency that grants the permits for non-federal hydropower projects, resource agencies like the Forest Service and Fish and Wildlife Service can set mandatory conditions on a license that FERC, you all issue. This can also happen during a re-licensing of an existing project. Unfortunately, This process can be abused. Resource agencies can end up on a wish list of projects that have no direct connection to a hydropower dam. This bill's very simple. It requires all conditions to be directly related to a project. This just makes sense. In fact, this week I sent a letter to FERC, the Department of Interior, the Department of Ag, and the Department of Commerce, asking them to initiate a rule-making to address hydropower licensing, including mandatory conditions. I'm gonna send like, sound like Chairman Lee now, under section four E and section eighteen of the Federal Power Act. That's my best impression of likely I can do right there. For each of you, with forty percent of the nation's hydropower fleet being up for re-licensing, forty percent in the next four years, do you agree that we need to streamline and look for ways to simplify the hydropower licensing and re-licensing process at a time when we are constrained, as we look forward here. Just like to hear from each of you. Do you think we need to simplify and streamline it?

David A. LaCerte (Witness)2:00:34 – 2:00:34

Yes.

Sen. Daines (MT)2:00:35 – 2:00:36

Commissioner.

Laura V. Swett (Witness)2:00:36 – 2:00:37

Absolutely.

Sen. Daines (MT)2:00:37 – 2:00:38

Let's go a little left to right here, yeah.

Laura V. Swett (Witness)2:00:39 – 2:00:39

Yes.

Sen. Daines (MT)2:00:39 – 2:00:40

Chairman, thank you.

Laura V. Swett (Witness)2:00:40 – 2:00:40

Yes.

David A. LaCerte (Witness)2:00:41 – 2:00:42

You know my answer, Senator, yes.

Sen. Daines (MT)2:00:42 – 2:00:52

OK. Nobody said heck yes or more than that, but good. I'm I'm glad to hear yes. Um, now for uh the Chairman. The Chairman sweat their multiple large hydropower

Laura V. Swett (Witness)2:01:09 – 2:01:29

Thank you, Senator. Yes, we are spending an inordinate amount of time on hydro during this commission right now, more than this commission ever has focused on it because it is so important, because those licenses are coming up for renewal and I, myself, am personally actively pushing back on those types of conditions when I become aware of them and they hold our processes up.

Sen. Daines (MT)2:01:29 – 2:01:57

Thank you. I mean, this ought to be the easy kind of, uh, licensing one O one. There's a- there's much more difficult and complicated issues in front of us. And thank you for your support to find ways to move this faster. At the time, we need more hydropower energy. Uh, Chairman Swenson, in May, President Trump signed my bill. It was Senate Bill ten twenty to extend certain hydropower licenses for an additional six years. Could you give me the status of FERC's implementation of that particular law?

Laura V. Swett (Witness)2:01:58 – 2:02:20

Uh, yes, thank you, Senator, and I applaud your bill, I think it's a great idea because of the delays that FERC cannot control. That is very helpful. We've received requests for extensions of construction deadlines under your statute and we are processing them in accordance with the terms of your statute um We have not actually granted any requests under the new law yet, but that is simply a function of timing and I believe that it is imminent.

Sen. Daines (MT)2:02:21 – 2:03:11

Jim, it's what thank you, I appreciate that update, and thanks for the five O vote, by the way, on streamlining. Um, I wanna move to natural gas for a moment, if I might. Uh, Montana recently built a brand new natural gas peaking plant in Laurel, Montana, just outside of Billings, to provide reliable and affordable electricity and maintain stability of the grid. This is the type of project we need to see installed across the United States, and fortunately, we're seeing long delays permitting at the federal and even at the state level. Uh, I'll keep working on the state level. You can help me on the federal level. Uh, Commissioner Lissert, how do you see changes proposed by FERC, including updates to the blanket certificate program, helping to expand natural gas electricity production and leading to lower prices and a more reliable grid?

David A. LaCerte (Witness)2:03:12 – 2:03:45

Yeah, that's a great question, Senator. I think the blanket programs, whether it be natural gas, whether it be hydro, i think that they're going to allow us to focus on the hard issues so that the small issues don't have to be litigated before us um and it it matters because time allocation we have so many things pending before us and i i'm aware of how big of a challenge it's been on the permitting side so so it allows us to contract to focus on our priorities under the natural gas act to to focus that time and efforts on our staffing considerations on passing the the most impactful projects that we can

Sen. Daines (MT)2:03:45 – 2:04:04

No, and it's a big help because, you know, we we are grateful we have a lot of intermittent source of power as well. We've got big wind projects, we've got big solar projects, as we say in Montana, the wind doesn't always blow, the sun doesn't always shine, and to have that ability to ramp up and down here with natural gas is a way here to keep grid stability and and more affordability. So thank you for that. Back to you, Mr. Chairman.

Sen. Lee (UT)2:04:06 – 2:04:10

Thank you very much. Uh, let's see, uh, Senator Gallego, you're up next.

Sen. Gallego (AZ)2:04:12 – 2:04:43

Thank you, Chairman Lienreich and Member Heinrich. And thank you to all five FERC commissioners for your participation in this hearing. A lot of FERC's work is closely tied to headline news, data centers, energy prices, reliability, and more. So I appreciate the chance to talk about those things and more today, and I echo the hopes of my fellow committee members that FERC remains independent and focused on solving the very real issues facing America's energy system. In conversations at lar- at large around permitting reform, one of the most common phrases that we hear is permitting certainty. Commissioner Chang, you and I recently discussed how perm permitting certainty

Judy W. Chang (Witness)2:04:59 – 2:05:22

Thank you very much for that question, Senator. Um, I'm glad you raised that because recently we uh approved and approved a proposal from Southwest Power Pool um that use its um consolidated planning process to to provide cost certainty for generators that want to interconnect

Sen. Gallego (AZ)2:05:22 – 2:05:23

mmm

Judy W. Chang (Witness)2:05:23 – 2:05:55

i think this is a very innovative and um sort of breaking breaking the tradition approach to make sure that generators who want to interconnect have more information upfront so that they can make their decisions about how much they want to interconnect to the grid and how much potential transmission upgrades they might trigger so that they don't find that out later in the process and then have to reassess whether the projects that they're developing would be economically viable.

Sen. Gallego (AZ)2:05:55 – 2:05:55

Mm-hmm.

Judy W. Chang (Witness)2:05:55 – 2:06:14

So I do I do believe a consolidated process between the interconnection process, sort of we understand what generators can interconnect and what costs they might have to pay for upgrades and transmission planning, I think that is a appropriate approach that other regions could probably take a an example from.

Sen. Gallego (AZ)2:06:15 – 2:06:55

Thank you, Commissioner. Uh, Commissioner Rosner, in recent remarks, the Commission has expressed support for, of the parallel market development in the West, and in last Thursday's meeting you characterized this as a win for consumers. As SPP markets and Quesos day ahead and market continue to expand and develop, it's clear that SPP and Quesos must work together to ensure that energy remains reliable and affordable for individuals. and businesses in their markets. FERC recently issued an order directing a joint report from both the market operators on this issue, uh, and others. So my question is, how does FERC plan to support and require long-term collaboration between SPP and CISO after this report is filed?

David Rosner (Witness)2:06:56 – 2:08:37

Well, thank you, Senator, and, and I, I, I think it's an exciting time for markets, especially in the West. I've, I've been out to visit, uh, recently and, um, you know, i- it's a wonderful thing to see, um, different States make selections on markets that that fit their needs. Um, and, you know, the reality, though, is that there are two choices and, uh, that makes the situation more complex. Uh, but the complexity has a downside to it, which is we want to make sure that we can get as many benefits from the efficient dispatch, from efficient use of the existing grid, um, and, um, What we did uh at our meeting uh i in in July or earlier this month was ask the regions, come and file the report you just mentioned, uh consider how you're gonna work together, what sort of formal mechanism could you have in place to minimize those seams. And so it's more complex but there's an opportunity to minimize that. Um and uh one of the things contemplated in that report uh is you know, and we've seen this in other parts of the country where the two different uh grid operators have things like joint operating agreements that sort of lay out you know, when we get into these situations, here's what we'll do, here's how people get paid, here's how we um, you know, m- m- work around the different con contractual rights that exist on the transmission system. All of those things uh, are are places where I I see the opportunity for progress out West. Um, and uh, you know, I I I'm very bullish uh, on these markets, on on saving people money, on providing more reliable power. Um, and and we already know from looking around the rest of the country where we have markets that these save, consumer something like ten billion dollars a year, if not more.

Sen. Gallego (AZ)2:08:38 – 2:08:38

Good.

David Rosner (Witness)2:08:38 – 2:08:39

Thank you for the question.

Sen. Gallego (AZ)2:08:39 – 2:08:59

Yep. Chairman Sweat, uh, as is clear from the breadth of issues discussed at this hearing, we're asking FERC to do a lot of things these days. Uh, all this requires very sufficient, qualified staff, uh, at the agency. What steps is FERC taking to ensure employee retention? And will FERC need more staff, uh, if Congress passes energy legislation, including permitting reform? Which we hope we do.

Laura V. Swett (Witness)2:08:59 – 2:09:30

Thank you for the question. As a my third time as a FERC employee. I take this very seriously. I care very much about the agency and its staff. I've spent a lot of time personally meeting with every single office and trying to look as many employees in the face as I can. That said, I'm pleased to say that the administration authorized us to start hiring again, and we have posted I have the numbers here so I don't get them wrong. Um, we currently have thirteen hundred and seventy full-time employees, and since OPM opened up hiring,

Sen. Gallego (AZ)2:09:54 – 2:09:55

Thank you. You're back.

Sen. Lee (UT)2:09:56 – 2:09:57

Senator Cartman.

Sen. Cotton (AR)2:09:58 – 2:11:51

Um, thank you. I also want to address artificial intelligence and data centers. I get a lot of conversa- hear a lot of conversation from our Kansans about that, um, at various levels. At maybe the highest level, you might say, they're - they're very concerned about the threat that China poses. You know, just in the last week or so, China's released another open weighted model, um, and they wanna make sure that we maintain our advantage over China. Uh, they recognize at another level the - the great potential that artificial intelligence has for scientific breakthroughs, for health care and pharmaceutical breakthroughs, cure cancer or Alzheimer's, um, and other terrible diseases. Um, at a personal level, I think a lot of them are very excited about it. Uh, many of them are using it in their business, whether it's a giant business, whether it's a small mom-and-pop business, or maybe just, um, using it for their day-to-day needs, where they're getting a, you know, rehab for regimen for an aching knee, you know, comparing pickup trucks they're g- they're gonna buy, developing a summer reading plan for a kid uh, to have them ready to go back to school. All very positive, constructive things. On the other hand, they, they are worried about what it means for their communities to have large data centers in or near them, especially what it might mean for the strain on infrastructure, most notably on electris- electricity and what they're gonna pay for their power bills, whether the, uh, uh, power's gonna be there during terrible winter storms, summer heat waves. So, um, Mister, let me let me start with you. Uh, if a data center brings and pays for its own generation, so you got a data center that the hyperscalers are bringing in, they're, say they're gonna build it, and they pay for the generation, they pay for the grid up upgrades, should ordinary families and businesses also pay for those same facilities? I would assume not.

David A. LaCerte (Witness)2:11:52 – 2:12:06

No, Senator, there's a long-standing tenet at FERC of of beneficiary pays. So the person who is reaping the benefit of the new line, the new generation, should, uh, be born the cost of that infrastructure upgrades. And we, we take that seriously.

Sen. Cotton (AR)2:12:06 – 2:12:22

A- and that means that so the, the people who are building these centers and, and using them for all these important purposes, they're willing to put down the money to build their generation. Um, Arkansas ratepayers businesses are, are not gonna be building,

David A. LaCerte (Witness)2:12:22 – 2:12:23

That's a,

Sen. Cotton (AR)2:12:22 – 2:12:23

bearing this cost either.

David A. LaCerte (Witness)2:12:23 – 2:12:59

that's a, that's a core tenet of when the president brought the governors from PGM together to agree on on what the rules of the road are, um, in the rate pair protection pledge, and I applaud the governors for coming together in a bipartisan manner manner with the president in doing so. Um, and that has been something that's been expanded. That's been something that's been agreed to by all the major hyperscalers, and that these costs in which they're going to incur, they're going to be assigned to. And it's something that we're gonna hold them to. It's a state's, it's something that the states need to hold those hyperscalers accountable for on the retail level. Um, and I think it's an all of the above approach as it relates to assigning costs to the, the data centers themselves.

Sen. Cotton (AR)2:12:59 – 2:13:04

Which those hyper-scalers right now are, are perfectly willing to do. They're willing to make those investments.

David A. LaCerte (Witness)2:13:05 – 2:13:05

Absolutely.

Sen. Cotton (AR)2:13:05 – 2:13:08

Miss Sweat, I see you nodding your head, you've had conversations with them, I presume?

Laura V. Swett (Witness)2:13:09 – 2:13:22

Yes, sir, I have met with many hyper-scalers who are, at a minimum, willing to pay all the costs associated with their c- interconnection, and many of them are going beyond that in offering to subsidize the community with additional infrastructure,

Sen. Cotton (AR)2:13:25 – 2:13:35

I think the CEO of one of them said that even if they spent a few hundred billion dollars more than was necessary in retrospect it was a worthwhile investment. Mister Rosner, I see you nodding your head.

David Rosner (Witness)2:13:35 – 2:14:03

I I completely agree. Um, we we've had them come before our commission and and testify there, and and what they say is, we'd like to go fast and we wanna pay for it. And so my my view is let's let's let them. And to your point on investments in communities, I mean, we've got examples of them putting a battery in every home for people affected by, you know, the having the data center nearby. Things like that are great. Other things that they've done to to lower regular bills, you know, I'm I'm I'm completely in favor of that.

Sen. Cotton (AR)2:14:03 – 2:14:15

And do you, is is FERC postured right now from a from a policy and regulatory standpoint to ensure there's not that kind of double recovery? Do you need any other specific safeguards or reforms? Or or do you think you're postured well?

David Rosner (Witness)2:14:15 – 2:14:36

Uh, well, well, Senator, um, you, you know, we've discussed the the orders to show cause that we gave to each RTO and I think those those orders make very important progress on making sure that regular consumers don't pay for infrastructure associated with, associated with data centers. Uh, of course, you know, if Congress wanted to add more specificity, uh, you know, I'd, I'd, I would defer to you and I'm happy to provide.

Sen. Cotton (AR)2:14:36 – 2:14:57

Well, I just think basi- based on what I hear from our Kansans, you know, they don't want to pay more for their power bills, uh, for these data centers, but they recognize that the data centers are a critical part of artificial intelligence, whether it's gonna help us be China or cure cancer or develop a summer reading plan for a kid to disregard and not follow. But they know that they they want both of those sayings.

David Rosner (Witness)2:14:57 – 2:14:58

Yep.

Sen. Cotton (AR)2:14:58 – 2:15:03

And it's just important for us here in Congress and at FERC to make sure that we can deliver both of them. So, thank you.

Sen. Lee (UT)2:15:05 – 2:16:15

OK, uh, that wraps up, uh, round one. What I'd like to do, um, i- any members remaining beyond this point can ask an additional question. I'll - I'll ask one now and then we'll, uh, go to anybody else who wants to ask one additional question before we wrap up. Commissioner See, I'd I'd like to turn to you. Uh, last year, the Supreme Court held in the seven-county case, um, um, wha- what many of us have known and believed for a long time, which is that NEPA is a procedural statute. It's a procedural statute that requires you to review a project under consideration, uh, a- and and not, uh, the cumulative effects of all other projects. Um, uh, under - under your leadership and with your active involvement, the commission's taken steps to implement that ruling. Um, can you just sort of explain to the committee what the commission's done so far on this point, and let us know whether - to what extent, in what way, to what degree, um, some clarification from Congress on the proper scope of NEPA might help, um, provide additional certainty for projects, uh, that are before the jurisdiction of FERC.

Lindsay S. See (Witness)2:16:16 – 2:17:12

Absolutely, Senator, I'm really happy to talk about that. I welcome the seven counties' decision, and for the simple reason that ambiguity in NEPA and other environmental statutes and the litigation that comes from it is the biggest source of delay in getting needed infrastructure across the finish line so of course we have important environmental responsibilities, we take that seriously, but we're not doing our job to the American people if those duties balloon beyond what the statute actually requires. So one of the things seven counties did is it confirmed that NEPA requires to look at the effects of the project in front of us and to not look at um non-foreseeable effects upstream downstream or wherever else they are. That clarity is vital for us to do our work and so we've been taking a close look to make sure that we're looking at the things that we're required to under statute but we're not adding additional categories that aren't required and that we were doing perhaps for other reasons and some of them were in abundance of caution because courts didn't have that clarity so uh what I would come back to in the question of what else Congress can be doing as as we're trying to make the most of that

Sen. Lee (UT)2:17:25 – 2:19:00

All right, that's a great point, and um uh NEPA has worked. One of the reasons we know it has helped is because a lot of other countries have followed it. But from my ability to observe what other countries have done with it, They've captured the benefits of NEPA without replicating what it has become here, uh, uh, w- which is, uh, the additional delay is something that other countries haven't - ha- have wisely avoided replicating. And what we've seen from that is that they're able to still capture and maintain the benefits of environmental review, uh, without having the years-long or - or many decades-long, uh, uh, delays that don't materially advance any environmental interest. Uh, Senator Heinrich, any other questions? Senator King. OK. Well, I I f- wanna thank each of you for being here. Uh, this has been very helpful testimony. Um, and we're we're very grateful to have your participation and, uh, your expertise. Uh, this is a a commission with, uh, uh, a very interesting and increasingly important array of responsibilities. And, uh, so I appreciate your service. Any, um, any senator who wants to submit questions? uh, uh, for the record may do so. The deadlining, yeah, the deadline for submitting those questions, uh, w- w- will be at six p m uh, tomorrow. Uh, that is, uh, Thursday, July twenty-third. Senators also will have until six p m this coming Wednesday, June twenty-ninth, I'm, I'm sorry, July twenty-ninth to add statements for the record, uh, with regard to today's hearing.

Sen. King (ME)2:19:00 – 2:19:02

Mr. Chairman, I, I wanted to add one comment.

Sen. Lee (UT)2:19:01 – 2:19:01

Yes, sir.

Sen. King (ME)2:19:02 – 2:19:04

I just wanted to reiterate what I said at the beginning,

Sen. Lee (UT)2:19:02 – 2:19:03

Yeah.

Sen. King (ME)2:19:05 – 2:19:29

and that is to thank you for the work that you been doing. Uh, and anybody watching this hearing, I would defy them to say which of you is a nominee of which party. And that's the way it's supposed to work. And this has been a very illuminating hearing. The questions have been answered in a straightforward and honest way. And I just really appreciate it. As I said at the beginning, I think you're modeling how our government is supposed to work. Thank you very much.

Sen. Lee (UT)2:19:30 – 2:19:36

Uh, all right, just as we were about to gavel out, uh, the prodigal son from North Dakota has returned. I

Sen. Hoeven (ND)2:19:55 – 2:21:24

Thanks, Mister Chair, and you know I've been on this committee for sixteen years now, and I worked myself all the way up to this spot. On the committee. On the committee. Can you believe that? Can you believe that? Um, thanks to each of you, one of the biggest challenges that we have is with making sure that we have the ability to move base load energy um uh you know, and dispatchable energy around the country. And that we we need a grid system and and of course a gas transportation system that enables us to do that, and really to reach all aspects of the country, even places like New England, uh, state of New York, and other places where we find it incredibly difficult to build transmission and uh gas pipelines. As we work on um streamlining, uh regulatory reform and um so forth, and - and I know both our Chairman and Ranking Member are hard at work on that, um what are your recommendations to make sure that we have uh not only a - a gas, oil, uh pipe transportation system but also a a national grid uh that enables us to use all forms of energy as efficiently and as effectively as possible. And I'd like to hear the best ideas from each one of you. And I can't you can't go more than three minutes and forty-two seconds or I'll probably get in trouble with the chair and the ranking member. And I wouldn't want to do that. Go ahead, sir.

David Rosner (Witness)2:21:25 – 2:22:47

Okay, thank you, Senator. Um, well, um, you know, I I I would say, um, you know, uh, sitting at firk where we have a lot of control over the over the markets and the planning, uh, uh, of infrastructure. Um, one thing that's become obvious to me is that it takes too long to build the infrastructure in this country. Uh, and no matter what fuel source anyone might prefer, um, electrons don't wear capes, we just need a whole lot of them, we need a lot of molecules, we just need a lot of energy in this country right now. And so anything Congress can do to speed that up, uh, we need it all. um you know and uh we we spend a lot of time thinking about our interconnection processes and you know i'll just give you an example we we accelerated fifty projects in the mid-atlantic part of the country one of them was a natural gas combined cycle power plant over a thousand megawatts it was going to be built in ohio they got a grid upgrade cost of uh of over a billion dollars um almost as expensive as the plant itself and the reason was we hadn't invested enough in the grid You also mentioned New England. They have very high prices there. I think it's something like thirty-eight cents delivered. Um, whatever Congress can do to get, uh, energy infrastructure built more rapidly and make sure, uh, that, you know, it's not, uh, uh, uncertain once a permit decision has been made. That all sounds directionally consistent with where we're going.

Sen. Hoeven (ND)2:22:46 – 2:23:00

Do you think it's just more infrastructure, not somehow getting the regional operators and others to make sure that they figure out, we've got to have dispatchable. and quit picking, you know, winners and losers in a way that impedes our ability to use the grid effectively.

David Rosner (Witness)2:23:00 – 2:23:09

I I I think, you know, uh, committed to to doing the work with the grid operators to make sure the markets are sending signals to invest in the right kind of technologies in the right places.

Sen. Hoeven (ND)2:23:07 – 2:23:13

There you go. Good. Well, if that was our chairman that got you to commit to that, then he did a great job.

Lindsay S. See (Witness)2:23:16 – 2:23:44

I'll say a couple of things on this. You know, the first is we have a responsibility under the federal power act to be resource neutral, but not reliability neutral. And we have been really looking at our statutory authorities to make sure that we are recognizing the values that come from diverse sources for a balanced portfolio, but also recognizing different reliability attributes. So, I think further clarity from Congress about how that principle, that resource neutrality, is not necessarily the same thing as reliability neutrality. I think that clarity would be helpful.

Sen. Hoeven (ND)2:23:44 – 2:23:46

I like that comment. That's right on.

Lindsay S. See (Witness)2:23:46 – 2:24:25

Mm. And I guess the second thing I'd say is, is piggybacking on a conversation that we had with the chairman earlier. And it goes to this idea of Clarity is so important when it comes to whose roles are whose within the federal government as we're going about our duties to move infrastructure faster. We're hard at work trying to streamline infrastructure in a legally durable way. We're moving forward proposals for expanding our blanket programs to make sure we're streamlining. But we need additional clarity from Congress when it comes to our responsibility versus other federal agencies when it comes to what is and isn't required in need but another environmental statutes so we're doing the best that we can, to make sure we're moving forward. But I certainly welcome any more clarity that that Congress would give.

Sen. Hoeven (ND)2:24:25 – 2:24:25

Thank you.

Laura V. Swett (Witness)2:24:26 – 2:25:17

Thank you, Senator. I'm gonna be a bit aggressive here. I my two things are first, ending State's abilities to effectively veto federal projects that cross State lines through Clean Water Act denials cuts both ways. It can hold up gas pipeline infrastructure. It can also hold up interstate transmission lines. So Congress having more clarity there uh, states cannot effectively veto through denials would get more infrastructure built the second one is limiting the ability of judicial review to hold up a project some of my colleagues and i worked on big appeals of pipelines that went decades long and if there were a statutory limit on how long a judicial review can go that would be extremely effective in making efficient and less uh expensive infrastructure projects

Sen. Hoeven (ND)2:25:17 – 2:25:28

That was aggressive, like the second one. First one I was a governor for ten years, so little trepidation there. Thank you for coming to see me this week, I appreciate, or last week I guess. Go ahead.

Judy W. Chang (Witness)2:25:29 – 2:26:22

Thank you, Senator, I'll just throw a whole bunch of acronyms, T, DR, ATT, so I think, you know, I concur with uh many of my colleagues have mentioned, I think we need a backbone transmission that's allowing the interconnection of large loads and all generation uh generation of all types. i think this is a time when prices are high we enable more demand side resources to participate in the markets in general uh that requires states to really step up and making sure that the levers that they can pull will bring more demand side responses to the grid and then and then att we had mentioned here already uh the advanced transmission technology is a no brainer we need to use them whenever there appropriate and economically viable and the best solutions for all consumers should be on the table. Thank you.

David A. LaCerte (Witness)2:26:24 – 2:27:30

Senator, I'll I'll speak really quickly. Um, you know, you asked for what Congress can do to help on these things. Obviously, we have our home homework assignments which keep us very busy at FERC, but Congress can also help us as uh to act as well. And the biggest thing they can do is reduce these roadblocks and hurdles to getting things built again. So I'll run through it real quickly. Section four one of the Clean Water Act. Biggest thing we can do is clarify that the scope is limited to only the pollutants stemming from the discharge, not the activity as a whole. That's the biggest thing we can help with. Um, section one O six of the National Historic Preservation Act, we can codify that NHPA is intended to be a process-related statute directing agencies to consider the effects on historic properties. We need to get back to that like we'd have on NEPA. Sections four E and eighteen of the FPA, for hydro matters we need to clarify the hydro facility should only have the answer for their direct effects. on the federal reservation under four E or fisheries under eighteen. And then section seven of the Endangered Species Act, we need to reform how critical habitat is designated. We need to incorporate Maine lobstermen's holding, the th- into the statute that clarifies the best scientific information and commercially available data and not the worst-case scenario, to give the benefit of the doubt to the species when issuing a biological opinion.

Sen. Hoeven (ND)2:27:31 – 2:27:37

Mister Chairman and ranking member, thank you for your patience. If they were that good all day, you had a good hearing. Thank you very much.

Sen. Lee (UT)2:27:37 – 2:27:49

Well, I, I mean, we Maine lobsterman made an appearance that made it worth it in and of itself. Uh, lobsterman being something that I know is very important to the economy of landlocked North Dakota.

Sen. Daines (MT)2:27:49 – 2:27:49

Yes.

Sen. Lee (UT)2:27:50 – 2:27:50

Uh,

Sen. Daines (MT)2:27:50 – 2:27:50

We like to eat 'em.

Sen. Lee (UT)2:27:51 – 2:27:51

indeed.

Sen. Daines (MT)2:27:51 – 2:27:51

Thanks.

David A. LaCerte (Witness)2:27:52 – 2:27:53

I thought it was,

Sen. Lee (UT)2:27:52 – 2:27:53

All right, uh, uh,

David A. LaCerte (Witness)2:27:54 – 2:27:55

I thought it was a brilliant addition to the

Sen. Lee (UT)2:27:54 – 2:28:00

Angus Totally, totally. Anything else, Angus? You, you good to go, Angus?

David A. LaCerte (Witness)2:28:00 – 2:28:00

Yes, sir.

Sen. Lee (UT)2:28:00 – 2:28:04

OK. With that, we stand adjourned. Thanks again. Uh, uh, keep up the great work.

Unknown2:28:06 – 2:29:14

oh yeah it's very interesting do you guys have any idea what kind of a guy that would be yeah um what kind of guy that would be like what kind of a guy that would be like what kind of a guy that would be like what kind of a guy that would be like yeah what kind of a guy that would be like what kind of a guy would be like well i think maybe like a i don't know maybe what kind of a guy that would be like what kind of a guy yeah a a like what kind of a guy that would be like what kind of a guy oh yeah a yeah what kind of a guy that would be like what kind of a guy yeah you don't wanna just take the bus like if you wanna just take the bus you wanna take the bus you wanna take the bus you wanna take the bus you don't wanna just take the bus you wanna take the bus you wanna take the next bus you wanna take the next bus no yeah one month right you don't wanna take the bus yeah no they're really good friends and i was talking to the operator he said he's like uh i read that was really good he said it was like twenty minutes to be like twenty minutes to be like twenty minutes yeah right long so i was like oh it's like twenty minutes long you're gonna be like twenty minutes long and then you're like twenty minutes long and then you're like twenty minutes long and then he's like i i was thinking it was longer you were not gonna be able to take the bus yeah yeah cause we were uh i was just like oh we can sell these like really we don't have to sell these so we can just get some and make it our own oh i didn't know that

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