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The DATA Act of 2026 amends the Federal Power Act to create a new category of electric utility called a 'consumer-regulated electric utility' (CREU) that is exempt from federal regulation. CREUs are newly established, islanded electric systems that serve new loads not previously served by existing utilities and operate independently of the bulk-power system. The bill exempts CREUs from Federal Energy Regulatory Commission (FERC) and Department of Energy regulation, including rate regulation, reliability standards, and interconnection requirements, provided they remain physically isolated from existing utilities and the bulk-power system. CREUs may construct facilities within public rights-of-way subject to local permitting and restoration requirements.
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