EL26-67-000 · 2026-11-05 · US HOUSE OF REPRESENTATIVES
Rep. Victoria Spartz asks FERC and DOE to condition approvals and protect ratepayers
Back to sections and commentaryPDF page 1
November 5, 2026
The Honorable Laura V. Swett
Chairman
Federal Energy Regulatory Commission
888 First Street NE
Washington, DC 20426
The Honorable Chris Wright
Secretary of Energy
U.S. Department of Energy
1000 Independence Avenue SW
Washington, DC 20585
RE: Urgent Request for Federal Action on Large-Load Projects, Grid Reliability,
Transmission Competition, Ratepayer Protections, Transparency, and Regulatory
Accountability
Dear Chairman Swett and Secretary Wright:
At numerous town halls throughout Indiana’s 5th Congressional District, my constituents have
expressed serious frustration about massive data centers, the proposed Greentown–Ohio 765-kV
transmission line, rising electricity costs, threats to private property, productive farmland, and
critical water resources.
These concerns raise fundamental questions about the transparency, reliability, fairness, and
accountability of America’s electricity infrastructure planning.
Large private developments can trigger billions of dollars in generation, transmission, and related
infrastructure investments. Yet the public often cannot determine who requested the capacity,
who approved the investments, who benefits financially, and who ultimately pays.
Transparency must be a fundamental requirement—not an afterthought. The public
deserves to know whether these projects serve genuine public needs or primarily private
commercial interests, who benefits, who pays, and what enforceable guardrails protect
consumers and property owners.
Recent FERC proceedings, DOE emergency reliability orders, and NERC assessments
demonstrate the need for coordinated federal oversight and corrective action.
I urge FERC and DOE to address the following issues within their respective statutory
authorities and identify where additional congressional legislation is necessary.
By Adrienne Milow at 1:33 pm, Nov 06, 2026
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1. Moratorium on New and Pending Large-Load Projects
Identify and exercise available federal authority to suspend or condition discretionary approvals
affecting new and pending major data centers, cryptocurrency mining operations, and associated
infrastructure until essential reliability, cost-allocation, transparency, and financial safeguards are
established.
Where existing authority is insufficient, recommend legislation. Respect vested rights,
enforceable agreements, and essential reliability or safety improvements.
2. National Inventory of Large Loads and Transparency
Establish a transparent national accounting of proposed and existing major electricity loads,
identifying developers, beneficial owners, affiliates, verified demand, financial commitments,
required generation and transmission, public subsidies, and potential stranded costs.
Require disclosure of material infrastructure commitments, approval decisions, cost-allocation
arrangements, and project beneficiaries, subject to legitimate security and confidentiality
protections.
Examine speculative and duplicated load requests and the mismatch between rapid data-center
development and the much longer timelines required for new generation and transmission
infrastructure.
3. Nationwide Grid Reliability, Indiana Coal Retirements, and Replacement Generation
Conduct a comprehensive national assessment of existing and planned generation capacity,
transmission infrastructure, projected large-load growth, planned plant retirements, and regional
grid reliability.
Determine what new generation and transmission are actually being built, their expected
completion dates, fuel availability, and whether sufficient dependable capacity will be available
to meet rapidly increasing electricity demand.
NERC’s long-term reliability assessments identify growing resource adequacy risks as data
centers and other large loads expand faster than generation and transmission infrastructure. Its
2026 Level 3 Alert also identifies operational risks from sudden large-load fluctuations.
Assess the potential for capacity shortages, voltage and frequency instability, emergency
load shedding, rolling blackouts, and widespread outages if large-load growth exceeds
available generation and transmission capacity.
Specifically review:
a. Nationwide generation and transmission construction schedules, including project
delays, interconnection backlogs, and equipment shortages.
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b. Regional electricity supply margins and the effects of simultaneous large-load
additions.
c. DOE’s emergency orders involving R.M. Schahfer Units 17 and 18 and F.B. Culley
Unit 2 in Indiana.
d. Rockport Unit 1’s planned 2028 retirement and the availability of dependable
replacement generation.
e. PJM and MISO capacity forecasts, interconnection delays, and reliability concerns
affecting Indiana.
Develop a concrete, independently verified national and regional roadmap to provide reliable
natural gas and nuclear generation, including permitting, financing, fuel supply, equipment
procurement, interconnection, and construction schedules.
Evaluate opportunities to replace retiring coal plants with nuclear power, including small
modular reactors, and reuse existing power-plant sites and transmission infrastructure.
Identify enforceable milestones to ensure reliable replacement capacity is available before plant
retirements or large-load additions create unacceptable reliability risks.
4. Full System Costs of Solar Generation and Battery Storage
Independently evaluate the full system costs and reliability impacts of solar generation, battery
storage, backup generation, dispatchable capacity, transmission upgrades, and peak-demand
requirements.
Assess the true economic and environmental costs of utility-scale battery storage, including
manufacturing and mineral supply chains, fire and thermal-runaway hazards, hazardous
materials, disposal, recycling, environmental remediation, replacement costs, and
decommissioning.
Determine whether the costs of intermittency, backup capacity, storage, reliability services, and
environmental safeguards are fully disclosed and properly allocated.
5. Transmission Necessity, Competition, and Eminent Domain
Review the proposed Greentown–Ohio 765-kV transmission line and other major projects for
genuine public necessity, verified demand, beneficiaries, route alternatives, competitive
selection, and cost allocation.
Evaluate existing corridors, reconductoring, grid-enhancing technologies, and local generation.
Examine whether federal transmission policies and state right-of-first-refusal laws unnecessarily
restrict competition.
Assess adverse effects on neighboring landowners, long-term property values, and the treatment
of income-producing properties in applicable condemnation proceedings.
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Eminent domain must serve genuine public necessity—not primarily private commercial
interests.
6. Require Developers to Pay Full Generation and Transmission Costs
Ensure major large-load developers bear all properly attributable incremental costs of generation
capacity, transmission lines, substations, interconnection, system upgrades, and related
infrastructure.
Review deposits, financial guarantees, minimum-payment obligations, termination fees, and
protections against stranded costs.
Examine previous cryptocurrency mining developments in Marion and near Merom to
determine the adequacy of developer payments for generation capacity, transmission
infrastructure, system upgrades, and other costs, including whether any costs were
improperly shifted to existing ratepayers.
Existing ratepayers must not subsidize generation or transmission infrastructure required
primarily for private commercial developments.
7. Corporate Subsidies and Preferential Government Treatment
Review federal tax incentives, grants, loans, research-and-development credits, and other
benefits provided to major electricity-intensive developments.
Coordinate with appropriate federal agencies to identify overlapping federal, state, and local
subsidies and evaluate their economic justification.
8. Independently Verify Community Economic Benefits
Require independent assessment of permanent employment, net tax revenues, infrastructure
costs, water consumption, land impacts, and actual public benefits.
Distinguish temporary construction activity and announced investment from lasting economic
gains.
9. Protect Small Businesses and Fair Competition
Examine whether preferential utility arrangements, public subsidies, and infrastructure
commitments increase costs or limit electricity availability for existing businesses.
Ensure federal policies do not unfairly disadvantage smaller competitors.
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10. Close Project-Splitting and Transparency Loopholes
Investigate whether developers and utilities can avoid meaningful oversight through affiliated
entities, phased applications, fragmented permits, confidential agreements, or project
classifications.
Require consolidated assessment of related developments and disclosure of material financial
commitments, beneficiaries, and regulatory decisions.
11. Investigate PJM and MISO Governance, Regulatory Failures, and National Security
Concerns
Independently examine PJM and MISO governance structures, including board selection and
removal, director qualifications, conflicts of interest, utility influence, stakeholder participation,
transparency, regulatory compliance, and Federal Power Act Section 205 filing rights.
Recent FERC proceedings have raised serious questions about PJM’s regulatory framework and
ability to respond effectively to rapidly growing electricity demand.
The investigation should address:
a. FERC Docket EL26-67-000: Preliminary findings concerning potentially unjust,
unreasonable, or discriminatory large-load interconnection rules.
b. FERC Docket ER24-2045: Repeated compliance orders requiring further corrective
filings.
c. FERC Docket EL25-49: Co-located loads, transmission service, and cost-allocation
concerns.
d. FERC Docket AD26-7: PJM governance and stakeholder processes, including the
need for structural reforms and more effective decision-making.
Concerns have also been brought to my attention regarding China-related connections
among certain PJM board members. Given the significant national security implications of
critical grid infrastructure and the regulatory oversight deficiencies identified in recent
proceedings, these concerns warrant independent examination of PJM’s board selection,
vetting, disclosure, governance, and oversight procedures.
Review whether board members and senior officials have relevant foreign-government
affiliations, financial relationships, conflicts of interest, or access to sensitive infrastructure
information that could present security risks. Any findings must be based on verified evidence
and applicable legal standards, not nationality or educational background alone.
Determine whether the current governance structure provides sufficient independence,
transparency, national security protections, and accountability.
Identify substantiated violations, responsible entities, corrective actions, and necessary
structural and regulatory reforms.
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12. Utility Affiliate Conflicts and Cost Overruns
Review utility ownership interests, affiliate transactions, investment returns, procurement,
project selection, cost overruns, and incentives that may favor unnecessary infrastructure
expansion.
Require independent examination of major costs, rejected alternatives, and financial benefits to
utilities and affiliates.
13. National Security and Critical Infrastructure
Review cybersecurity, supply-chain security, foreign ownership and control risks, access to
sensitive infrastructure, and appropriate vetting of personnel with access to critical systems.
Coordinate with relevant national security authorities and apply consistent, lawful, risk-based
standards.
14. Presidential Directives and Ratepayer Protections
Evaluate implementation of federal directives concerning data centers, grid reliability, and
energy infrastructure.
Determine whether voluntary corporate commitments to protect ratepayers are supported by
enforceable tariffs, contracts, financial guarantees, and independent verification.
15. Prime Farmland, Water Resources, and Battery Storage in Flood Zones
Examine cumulative impacts on productive farmland, water supplies, watersheds, and
neighboring communities.
Review federal involvement in major publicly financed water infrastructure, including the
Citizens–Lebanon Water Supply Program, within applicable jurisdiction.
Investigate existing and proposed utility-scale battery storage facilities in flood-prone
areas, including projects proposed within designated flood zones.
Assess fire hazards, toxic materials, contaminated floodwater and runoff, groundwater
contamination, emergency-response limitations, and the adequacy of environmental safeguards
and decommissioning guarantees.
Following Indiana’s devastating August 2026 flooding, determine whether applicable federal
standards and state coordination adequately protect surrounding communities, farmland, and
water resources from these risks.
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16. Independent GAO Investigation and Congressional Oversight
I intend to seek an independent Government Accountability Office investigation examining:
a. Federal oversight of large-load developments and nationwide grid reliability.
b. PJM and MISO governance, regulatory compliance, transparency, and security
safeguards.
c. Transmission competition and right-of-first-refusal policies.
d. Federal subsidies and public financial exposure.
e. Generation adequacy, coal retirements, and natural gas and nuclear replacement
plans.
f. Developer responsibility for full generation and transmission costs.
g. Utility affiliate conflicts and construction cost overruns.
h. Public financing and infrastructure commitments.
i. Project splitting, regulatory loopholes, and ratepayer protections.
j. Battery storage costs, environmental risks, floodplain siting, and necessary legislative
reforms.
I urge FERC and DOE to cooperate fully with independent congressional oversight.
17. Records Preservation, Independent Audits, and Enforcement
Preserve relevant records concerning major large-load approvals, transmission planning, cost
allocation, subsidies, utility agreements, governance decisions, and regulatory compliance.
Conduct or facilitate independent reviews within existing authority, refer substantiated
misconduct to appropriate inspectors general or enforcement authorities, and pursue legally
available corrective action.
18. Federal Response, Congressional Reporting, and Corrective Action
I request separate written responses from FERC and DOE within 30 days identifying:
a. Actions available under current statutory authority.
b. Pending proceedings, compliance matters, and regulatory decisions.
c. Measures to protect grid reliability, competition, transparency, ratepayers, and
property owners.
d. Additional authority or legislation needed from Congress.
Within 90 days, I urge FERC and DOE to submit a coordinated report and concrete
corrective-action plan to the following congressional committees, within their respective
jurisdictions:
U.S. House Committee on Energy and Commerce.
U.S. House Committee on Oversight and Government Reform.
U.S. House Committee on Natural Resources.
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U.S. Senate Committee on Energy and Natural Resources.
U.S. Senate Committee on Homeland Security and Governmental Affairs.
The report should identify specific regulatory deficiencies, nationwide and regional reliability
risks, generation and transmission requirements, corrective actions, responsible agencies,
implementation timelines, enforcement mechanisms, and recommended legislation.
America cannot afford a system where wealthy corporations receive subsidies and special
treatment, powerful utilities profit from infrastructure expansion, and ordinary Americans
are left with higher bills, unreliable electricity, and threats to their private property.
Government must protect the public—not serve as a financing mechanism for politically
connected corporations. Those who benefit must pay. Those who make the decisions must
be accountable. And the constitutional rights of American property owners must not be
sacrificed for private profits.
Sincerely,
Victoria Spartz
Member of Congress
cc:
The Honorable Brett Guthrie, Chair, House Committee on Energy and Commerce
The Honorable Frank Pallone Jr., Ranking Member, House Committee on Energy and
Commerce
The Honorable James Comer, Chair, House Committee on Oversight and Government Reform
The Honorable Robert Garcia, Ranking Member, House Committee on Oversight and
Government Reform
The Honorable Bruce Westerman, Chair, House Committee on Natural Resources
The Honorable Jared Huffman, Ranking Member, House Committee Natural Resources
The Honorable Mike Lee, Chair, Senate Committee on Energy and Natural Resources
The Honorable Martin Heinrich, Ranking Member, Senate Committee on Energy and Natural
Resources
The Honorable Rand Raul, Chair, Senate Committee on Homeland Security and Governmental
Affairs
The Honorable Gary Peters, Ranking Member, Senate Committee on Homeland Security and
Governmental Affairs
The Honorable Orice Williams Brown, Acting Comptroller General of the United States,
Government Accountability Office
U.S. Department of Energy Office of Inspector General
North American Electric Reliability Corporation
PJM Interconnection
Midcontinent Independent System Operator
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Indiana Utility Regulatory Commission
Indiana Office of Utility Consumer Counselor