Sec. 3. Definitions
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In this Act: The term Commission means the Federal Energy Regulatory Commission. The term covered interconnection entity means— an Independent System Operator (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )); a Regional Transmission Organization (as defined in that section); and a transmitting utility (as defined in that section) that is responsible for managing data center load interconnection requests (or the appropriate regional grid planning entity for the transmitting utility (as determined by the Commission)).
The term data center means any facility, or group of facilities with the same owner located in the same utility area, that— primarily contains electronic equipment used to host information and information systems accessed by other systems or by users on other devices both in and outside of the State in which the facility or group of facilities is located; may be— a free-standing structure; or a facility that— is within a larger structure; and uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment; has an energy demand greater than 50 megawatts; meets such other criteria as the Commission determines to be appropriate for purposes of this Act, including anticircumvention provisions; and is not owned by the Federal Government.
The term data center load queue means a load queue that— relates specifically to data center load interconnection requests; or relates to requests made by distribution utilities or load-serving entities (as those terms are defined in section 217(a) of the Federal Power Act ( 16 U.S.C. 824q(a) )) to study impacts on the transmission system caused by the interconnection of data centers. The term data center owner or operator means any person, including a corporation, that owns, builds, or operates a data center.
The term facility used to mine cryptocurrency means any facility, or group of facilities with the same owner located in the same utility area, that— is used to mine or create cryptocurrencies or other blockchain-based digital assets; may be— a free-standing structure; or a facility that— is within a larger structure; and uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment; and meets such other criteria, such as a minimum peak electricity demand, as the Commission determines to be appropriate for purposes of this Act.
The term labor organization means a labor organization (as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 )) of which building and construction employees are members. The term labor peace agreement means a written agreement between an employer and a labor organization through which the employer guarantees that— the employer will be neutral regarding any of the employees of the employer seeking to be represented by the labor organization; and if employees seek to be represented by a labor organization, the employer shall recognize the labor organization as the exclusive bargaining representative on a showing that a majority of the employees choose to be represented by the labor organization.
The term load growth means increasing demand for electricity. The term load interconnection request means the request of a data center owner or operator to connect, or study the feasibility of connecting, a data center to the electric grid, whether at the transmission or distribution level. The term organic load growth means load growth that is attributable to increases in demand associated with economic or population growth, including with respect to hospitals, educational institutions, advanced manufacturing facilities, residential homes, electric vehicles, and other facilities, as determined by the Commission.
The term organic load growth does not include load growth that is attributable to— data centers; or facilities used to mine cryptocurrency. The term project labor agreement means a pre-hire collective bargaining agreement with 2 or more labor organizations that— establishes the terms and conditions of employment for a specific construction project; and is an agreement described in subsections
(e)and
(f)of section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ). The term qualifying battery energy storage system means a utility-scale battery energy storage system that is connected to the electric grid and paid for by a data center owner or operator, including through a power purchase agreement or other bilateral contract, regardless of whether the battery energy storage system is onsite or offsite with respect to the data center. The term qualifying load flexibility agreement means an agreement between a covered interconnection entity and 1 or more data center owners or operators— that— is implemented by the covered interconnection entity; and complies with the minimum standards and guidelines established by the Commission under section 4(c); and pursuant to which— data centers may be interrupted by the covered interconnection entity; and to the extent that the covered interconnection entity determines that load shedding, curtailments, or other grid protection is needed, data center service interruptions shall occur— before service interruptions for other grid users; and before emergency conditions occur, as defined in the emergency procedures established by the interconnection entity. The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ), that meets the standards of parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act). The term Secretary means the Secretary of Energy.
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