{"document":{"slug":"comments-el26-67-spartz","title":"Rep. Victoria Spartz asks FERC and DOE to condition approvals and protect ratepayers","issued":"2026-11-05","accession":"20261110-4002","docket":"EL26-67-000","group":"PJM filings","filer":"US HOUSE OF REPRESENTATIVES","kind":"congressional letter","file":"sources/originals/20261110-4002_01.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20261110-4002","sha256":"12c864a0d8f9d3b7887d75955c37a552db82dba0d7945e3d52bb253de352f507","pages":9,"tokens":2135,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":248,"text":"November 5, 2026 \n \nThe Honorable Laura V. Swett \nChairman \nFederal Energy Regulatory Commission \n888 First Street NE \nWashington, DC 20426 \n \nThe Honorable Chris Wright \nSecretary of Energy \nU.S. Department of Energy \n1000 Independence Avenue SW \nWashington, DC 20585 \n \nRE: Urgent Request for Federal Action on Large-Load Projects, Grid Reliability, \nTransmission Competition, Ratepayer Protections, Transparency, and Regulatory \nAccountability \n \nDear Chairman Swett and Secretary Wright: \n \nAt numerous town halls throughout Indiana’s 5th Congressional District, my constituents have \nexpressed serious frustration about massive data centers, the proposed Greentown–Ohio 765-kV \ntransmission line, rising electricity costs, threats to private property, productive farmland, and \ncritical water resources. \n \nThese concerns raise fundamental questions about the transparency, reliability, fairness, and \naccountability of America’s electricity infrastructure planning. \n \nLarge private developments can trigger billions of dollars in generation, transmission, and related \ninfrastructure investments. Yet the public often cannot determine who requested the capacity, \nwho approved the investments, who benefits financially, and who ultimately pays. \n \nTransparency must be a fundamental requirement—not an afterthought. The public \ndeserves to know whether these projects serve genuine public needs or primarily private \ncommercial interests, who benefits, who pays, and what enforceable guardrails protect \nconsumers and property owners. \n \nRecent FERC proceedings, DOE emergency reliability orders, and NERC assessments \ndemonstrate the need for coordinated federal oversight and corrective action. \n \nI urge FERC and DOE to address the following issues within their respective statutory \nauthorities and identify where additional congressional legislation is necessary. \n \nBy Adrienne Milow at 1:33 pm, Nov 06, 2026"},{"page":2,"startToken":248,"endToken":536,"text":"1. Moratorium on New and Pending Large-Load Projects \n \nIdentify and exercise available federal authority to suspend or condition discretionary approvals \naffecting new and pending major data centers, cryptocurrency mining operations, and associated \ninfrastructure until essential reliability, cost-allocation, transparency, and financial safeguards are \nestablished. \n \nWhere existing authority is insufficient, recommend legislation. Respect vested rights, \nenforceable agreements, and essential reliability or safety improvements. \n \n2. National Inventory of Large Loads and Transparency \n \nEstablish a transparent national accounting of proposed and existing major electricity loads, \nidentifying developers, beneficial owners, affiliates, verified demand, financial commitments, \nrequired generation and transmission, public subsidies, and potential stranded costs. \n \nRequire disclosure of material infrastructure commitments, approval decisions, cost-allocation \narrangements, and project beneficiaries, subject to legitimate security and confidentiality \nprotections. \n \nExamine speculative and duplicated load requests and the mismatch between rapid data-center \ndevelopment and the much longer timelines required for new generation and transmission \ninfrastructure. \n \n3. Nationwide Grid Reliability, Indiana Coal Retirements, and Replacement Generation \n \nConduct a comprehensive national assessment of existing and planned generation capacity, \ntransmission infrastructure, projected large-load growth, planned plant retirements, and regional \ngrid reliability. \n \nDetermine what new generation and transmission are actually being built, their expected \ncompletion dates, fuel availability, and whether sufficient dependable capacity will be available \nto meet rapidly increasing electricity demand. \n \nNERC’s long-term reliability assessments identify growing resource adequacy risks as data \ncenters and other large loads expand faster than generation and transmission infrastructure. Its \n2026 Level 3 Alert also identifies operational risks from sudden large-load fluctuations. \n \nAssess the potential for capacity shortages, voltage and frequency instability, emergency \nload shedding, rolling blackouts, and widespread outages if large-load growth exceeds \navailable generation and transmission capacity. \n \nSpecifically review: \n \na. Nationwide generation and transmission construction schedules, including project \ndelays, interconnection backlogs, and equipment shortages."},{"page":3,"startToken":536,"endToken":822,"text":"b. Regional electricity supply margins and the effects of simultaneous large-load \nadditions. \nc. DOE’s emergency orders involving R.M. Schahfer Units 17 and 18 and F.B. Culley \nUnit 2 in Indiana. \nd. Rockport Unit 1’s planned 2028 retirement and the availability of dependable \nreplacement generation. \ne. PJM and MISO capacity forecasts, interconnection delays, and reliability concerns \naffecting Indiana. \n \nDevelop a concrete, independently verified national and regional roadmap to provide reliable \nnatural gas and nuclear generation, including permitting, financing, fuel supply, equipment \nprocurement, interconnection, and construction schedules. \n \nEvaluate opportunities to replace retiring coal plants with nuclear power, including small \nmodular reactors, and reuse existing power-plant sites and transmission infrastructure. \n \nIdentify enforceable milestones to ensure reliable replacement capacity is available before plant \nretirements or large-load additions create unacceptable reliability risks. \n \n4. Full System Costs of Solar Generation and Battery Storage \n \nIndependently evaluate the full system costs and reliability impacts of solar generation, battery \nstorage, backup generation, dispatchable capacity, transmission upgrades, and peak-demand \nrequirements. \n \nAssess the true economic and environmental costs of utility-scale battery storage, including \nmanufacturing and mineral supply chains, fire and thermal-runaway hazards, hazardous \nmaterials, disposal, recycling, environmental remediation, replacement costs, and \ndecommissioning. \n \nDetermine whether the costs of intermittency, backup capacity, storage, reliability services, and \nenvironmental safeguards are fully disclosed and properly allocated. \n \n5. Transmission Necessity, Competition, and Eminent Domain \n \nReview the proposed Greentown–Ohio 765-kV transmission line and other major projects for \ngenuine public necessity, verified demand, beneficiaries, route alternatives, competitive \nselection, and cost allocation. \n \nEvaluate existing corridors, reconductoring, grid-enhancing technologies, and local generation. \n \nExamine whether federal transmission policies and state right-of-first-refusal laws unnecessarily \nrestrict competition. \n \nAssess adverse effects on neighboring landowners, long-term property values, and the treatment \nof income-producing properties in applicable condemnation proceedings."},{"page":4,"startToken":822,"endToken":1043,"text":"Eminent domain must serve genuine public necessity—not primarily private commercial \ninterests. \n \n6. Require Developers to Pay Full Generation and Transmission Costs \n \nEnsure major large-load developers bear all properly attributable incremental costs of generation \ncapacity, transmission lines, substations, interconnection, system upgrades, and related \ninfrastructure. \n \nReview deposits, financial guarantees, minimum-payment obligations, termination fees, and \nprotections against stranded costs. \n \nExamine previous cryptocurrency mining developments in Marion and near Merom to \ndetermine the adequacy of developer payments for generation capacity, transmission \ninfrastructure, system upgrades, and other costs, including whether any costs were \nimproperly shifted to existing ratepayers. \n \nExisting ratepayers must not subsidize generation or transmission infrastructure required \nprimarily for private commercial developments. \n \n7. Corporate Subsidies and Preferential Government Treatment \n \nReview federal tax incentives, grants, loans, research-and-development credits, and other \nbenefits provided to major electricity-intensive developments. \n \nCoordinate with appropriate federal agencies to identify overlapping federal, state, and local \nsubsidies and evaluate their economic justification. \n \n8. Independently Verify Community Economic Benefits \n \nRequire independent assessment of permanent employment, net tax revenues, infrastructure \ncosts, water consumption, land impacts, and actual public benefits. \n \nDistinguish temporary construction activity and announced investment from lasting economic \ngains. \n \n9. Protect Small Businesses and Fair Competition \n \nExamine whether preferential utility arrangements, public subsidies, and infrastructure \ncommitments increase costs or limit electricity availability for existing businesses. \n \nEnsure federal policies do not unfairly disadvantage smaller competitors."},{"page":5,"startToken":1043,"endToken":1334,"text":"10. Close Project-Splitting and Transparency Loopholes \n \nInvestigate whether developers and utilities can avoid meaningful oversight through affiliated \nentities, phased applications, fragmented permits, confidential agreements, or project \nclassifications. \n \nRequire consolidated assessment of related developments and disclosure of material financial \ncommitments, beneficiaries, and regulatory decisions. \n \n11. Investigate PJM and MISO Governance, Regulatory Failures, and National Security \nConcerns \n \nIndependently examine PJM and MISO governance structures, including board selection and \nremoval, director qualifications, conflicts of interest, utility influence, stakeholder participation, \ntransparency, regulatory compliance, and Federal Power Act Section 205 filing rights. \n \nRecent FERC proceedings have raised serious questions about PJM’s regulatory framework and \nability to respond effectively to rapidly growing electricity demand. \n \nThe investigation should address: \n \na. FERC Docket EL26-67-000: Preliminary findings concerning potentially unjust, \nunreasonable, or discriminatory large-load interconnection rules. \nb. FERC Docket ER24-2045: Repeated compliance orders requiring further corrective \nfilings. \nc. FERC Docket EL25-49: Co-located loads, transmission service, and cost-allocation \nconcerns. \nd. FERC Docket AD26-7: PJM governance and stakeholder processes, including the \nneed for structural reforms and more effective decision-making. \n \nConcerns have also been brought to my attention regarding China-related connections \namong certain PJM board members. Given the significant national security implications of \ncritical grid infrastructure and the regulatory oversight deficiencies identified in recent \nproceedings, these concerns warrant independent examination of PJM’s board selection, \nvetting, disclosure, governance, and oversight procedures. \n \nReview whether board members and senior officials have relevant foreign-government \naffiliations, financial relationships, conflicts of interest, or access to sensitive infrastructure \ninformation that could present security risks. Any findings must be based on verified evidence \nand applicable legal standards, not nationality or educational background alone. \n \nDetermine whether the current governance structure provides sufficient independence, \ntransparency, national security protections, and accountability. \n \nIdentify substantiated violations, responsible entities, corrective actions, and necessary \nstructural and regulatory reforms."},{"page":6,"startToken":1334,"endToken":1563,"text":"12. Utility Affiliate Conflicts and Cost Overruns \n \nReview utility ownership interests, affiliate transactions, investment returns, procurement, \nproject selection, cost overruns, and incentives that may favor unnecessary infrastructure \nexpansion. \n \nRequire independent examination of major costs, rejected alternatives, and financial benefits to \nutilities and affiliates. \n \n13. National Security and Critical Infrastructure \n \nReview cybersecurity, supply-chain security, foreign ownership and control risks, access to \nsensitive infrastructure, and appropriate vetting of personnel with access to critical systems. \n \nCoordinate with relevant national security authorities and apply consistent, lawful, risk-based \nstandards. \n \n14. Presidential Directives and Ratepayer Protections \n \nEvaluate implementation of federal directives concerning data centers, grid reliability, and \nenergy infrastructure. \n \nDetermine whether voluntary corporate commitments to protect ratepayers are supported by \nenforceable tariffs, contracts, financial guarantees, and independent verification. \n \n15. Prime Farmland, Water Resources, and Battery Storage in Flood Zones \n \nExamine cumulative impacts on productive farmland, water supplies, watersheds, and \nneighboring communities. \n \nReview federal involvement in major publicly financed water infrastructure, including the \nCitizens–Lebanon Water Supply Program, within applicable jurisdiction. \n \nInvestigate existing and proposed utility-scale battery storage facilities in flood-prone \nareas, including projects proposed within designated flood zones. \n \nAssess fire hazards, toxic materials, contaminated floodwater and runoff, groundwater \ncontamination, emergency-response limitations, and the adequacy of environmental safeguards \nand decommissioning guarantees. \n \nFollowing Indiana’s devastating August 2026 flooding, determine whether applicable federal \nstandards and state coordination adequately protect surrounding communities, farmland, and \nwater resources from these risks."},{"page":7,"startToken":1563,"endToken":1838,"text":"16. Independent GAO Investigation and Congressional Oversight \n \nI intend to seek an independent Government Accountability Office investigation examining: \n \na. Federal oversight of large-load developments and nationwide grid reliability. \nb. PJM and MISO governance, regulatory compliance, transparency, and security \nsafeguards. \nc. Transmission competition and right-of-first-refusal policies. \nd. Federal subsidies and public financial exposure. \ne. Generation adequacy, coal retirements, and natural gas and nuclear replacement \nplans. \nf. Developer responsibility for full generation and transmission costs. \ng. Utility affiliate conflicts and construction cost overruns. \nh. Public financing and infrastructure commitments. \ni. Project splitting, regulatory loopholes, and ratepayer protections. \nj. Battery storage costs, environmental risks, floodplain siting, and necessary legislative \nreforms. \n \nI urge FERC and DOE to cooperate fully with independent congressional oversight. \n \n17. Records Preservation, Independent Audits, and Enforcement \n \nPreserve relevant records concerning major large-load approvals, transmission planning, cost \nallocation, subsidies, utility agreements, governance decisions, and regulatory compliance. \n \nConduct or facilitate independent reviews within existing authority, refer substantiated \nmisconduct to appropriate inspectors general or enforcement authorities, and pursue legally \navailable corrective action. \n \n18. Federal Response, Congressional Reporting, and Corrective Action \n \nI request separate written responses from FERC and DOE within 30 days identifying: \n \na. Actions available under current statutory authority. \nb. Pending proceedings, compliance matters, and regulatory decisions. \nc. Measures to protect grid reliability, competition, transparency, ratepayers, and \nproperty owners. \nd. Additional authority or legislation needed from Congress. \n \nWithin 90 days, I urge FERC and DOE to submit a coordinated report and concrete \ncorrective-action plan to the following congressional committees, within their respective \njurisdictions: \n \nU.S. House Committee on Energy and Commerce. \nU.S. House Committee on Oversight and Government Reform. \nU.S. House Committee on Natural Resources."},{"page":8,"startToken":1838,"endToken":2125,"text":"U.S. Senate Committee on Energy and Natural Resources. \nU.S. Senate Committee on Homeland Security and Governmental Affairs. \n \nThe report should identify specific regulatory deficiencies, nationwide and regional reliability \nrisks, generation and transmission requirements, corrective actions, responsible agencies, \nimplementation timelines, enforcement mechanisms, and recommended legislation. \n \nAmerica cannot afford a system where wealthy corporations receive subsidies and special \ntreatment, powerful utilities profit from infrastructure expansion, and ordinary Americans \nare left with higher bills, unreliable electricity, and threats to their private property. \n \nGovernment must protect the public—not serve as a financing mechanism for politically \nconnected corporations. Those who benefit must pay. Those who make the decisions must \nbe accountable. And the constitutional rights of American property owners must not be \nsacrificed for private profits. \n \nSincerely, \n \nVictoria Spartz \nMember of Congress \n \ncc: \n \nThe Honorable Brett Guthrie, Chair, House Committee on Energy and Commerce \nThe Honorable Frank Pallone Jr., Ranking Member, House Committee on Energy and \nCommerce \nThe Honorable James Comer, Chair, House Committee on Oversight and Government Reform \nThe Honorable Robert Garcia, Ranking Member, House Committee on Oversight and \nGovernment Reform \nThe Honorable Bruce Westerman, Chair, House Committee on Natural Resources \nThe Honorable Jared Huffman, Ranking Member, House Committee Natural Resources \nThe Honorable Mike Lee, Chair, Senate Committee on Energy and Natural Resources \nThe Honorable Martin Heinrich, Ranking Member, Senate Committee on Energy and Natural \nResources \nThe Honorable Rand Raul, Chair, Senate Committee on Homeland Security and Governmental \nAffairs \nThe Honorable Gary Peters, Ranking Member, Senate Committee on Homeland Security and \nGovernmental Affairs \nThe Honorable Orice Williams Brown, Acting Comptroller General of the United States, \nGovernment Accountability Office \nU.S. Department of Energy Office of Inspector General \nNorth American Electric Reliability Corporation \nPJM Interconnection \nMidcontinent Independent System Operator"},{"page":9,"startToken":2125,"endToken":2135,"text":"Indiana Utility Regulatory Commission \nIndiana Office of Utility Consumer Counselor"}],"sections":[{"p":1,"at":0,"title":"Pages 1 to 4","method":"page range","endPage":5,"endAt":0,"startToken":0,"endToken":1043},{"p":5,"at":0,"title":"Pages 5 to 8","method":"page range","endPage":9,"endAt":0,"startToken":1043,"endToken":2125},{"p":9,"at":0,"title":"Page 9","method":"page range","endPage":9,"endAt":83,"startToken":2125,"endToken":2135}]}