Dept of Energy Attempts to Expand Federal Role in Energy Approvals

The US Department of Energy’s proposal to have the FERC play a larger role in energy approvals may curtail state and local authority.

The U.S. Department of Energy has proposed that the Federal Energy Regulatory Commission take explicit jurisdiction over new large-load interconnections (those above 20 MW) that directly tie into the interstate transmission grid — a move meant to address the rising footprint of massive power users like AI data centres and large-scale manufacturing. DOE underscores the proposal is targeted only at “transmission‐connected” loads, not distribution systems, but the proposal sets the wheels in motion for FERC to act by April 30, 2026.

For county planning and local land-use officials, the shift signals a possible move to further preempt the local role in project approvals. If the rule is adopted, the process, timing, and fees for large-load interconnections could see greater federal standardisation (study fees, readiness requirements, withdrawal penalties), which means that county frameworks for siting, infrastructure cost-sharing, and livability guardrails must be open to federal preemption.

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Maryland’s energy landscape will be front and center at the 2025 MACo Winter Conference. The session, “Powering the Future: What Battery Storage Means for Maryland Counties,” will delve into the rollout of utility-scale energy storage.

MACo’s Winter Conference, “Local Leadership, Lasting Impact: Shaping What’s Next,” will be held at the Hyatt Regency Chesapeake Bay Hotel in Cambridge, MD, on December 10-12, 2024.

Learn more about MACo’s Winter Conference: