Senators Introduce REWIRE Act of 2026 to Address Electric Grid Capacity and Planning

Troutman Pepper Locke
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Troutman Pepper Locke

On March 2, 2026, U.S. Senators Dave McCormick (R‑PA) and Peter Welch (D‑VT) introduced the Reconductoring Existing Wires for Infrastructure Reliability and Expansion (REWIRE) Act of 2026, a bipartisan bill that would modify federal permitting rules and address upgrades to the existing U.S. electric transmission system. The legislation proposes, among other things, to create a National Environmental Policy Act (NEPA) categorical exclusion for certain grid capacity projects in existing rights-of-way, direct FERC to revise its rules on return on equity for advanced transmission conductors, authorize additional uses of the Department of Energy (DOE) State Energy Program funds, and establish new DOE programs for grid modeling and technical assistance.

In announcing the bill, Senator McCormick stated that rising electricity demand “requires innovative solutions to strengthen our electric grid and cut through the bureaucracy,” describing the REWIRE Act as a way to “leverage[] existing infrastructure” and reduce delays. Senator Welch stated that the legislation is intended to “increas[e] the capacity of the grid by accelerating the permitting process and incentivizing practices like reconductoring.”

The REWIRE Act proposes to make several changes to federal law and policy, including:

  • Amending the Federal Power Act (FPA) to designate activities that increase electric grid capacity within existing rights‑of‑way or on previously disturbed or developed land as categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement under NEPA.
  • Directing FERC, within one year of enactment, to revise its rules governing the allowed return on equity for investments in advanced transmission conductors, while ensuring that any resulting rates remain just, reasonable, and not unduly discriminatory or preferential.
  • Allowing state energy offices to use DOE State Energy Program funds to conduct feasibility studies for reconductoring and grid‑enhancing technology projects.
  • Directing DOE, through one or more National Laboratories and in consultation with FERC and NERC, to establish a program to model and evaluate electric grid performance, including developing probabilistic planning models that account for specified uncertainties (including weather, congestion, and the costs of reconductoring and grid‑enhancing technologies), and creating regional collaboratives with institutions of higher education to support this work.

A copy of the full bill text can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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