The DATA Act of 2026 creates a new category of electric utility called a "consumer-regulated electric utility" (CREU) and exempts these systems from most federal electricity regulations. CREUs are newly established, self-contained power systems that serve new customers and operate completely separate from the existing electrical grid—they cannot connect to the bulk power system or any regulated utility. These utilities are freed from Federal Energy Regulatory Commission (FERC) oversight regarding rates, reliability standards, merger approvals, and interconnection requirements, as well as exemptions under the Public Utility Regulatory Policies Act and the Public Utility Holding Company Act. The bill affects entrepreneurs and developers who want to build independent microgrids or private power systems serving new loads, such as data centers, industrial parks, or planned communities. The bill contains no specific funding or implementation timeline but allows CREUs to operate immediately upon enactment, though they lose their exemptions if they choose to connect to the main electrical grid.
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