EL26-67-000 · 2026-10-26 · NATIONAL CONGRESS OF AMERICAN INDIANS

Comments of the National Congress of American Indians urging FERC for a Moratorium on Hyperscale Data Center Approvals Pending Comprehensive Grid Reliability and Ratepayer Impact Assessments

National Congress of American Indians | 1516 P St NW, Washington, DC 20005 | (202) 466-7767 | www.ncai.org 
October 5, 2026 
 
The Honorable Laura V. Swett, Chairman 
Federal Energy Regulatory Commission 
888 First Street NE 
Washington, DC 20426 
RE: Transmittal of NCAI Resolution #MEM-26-016 – Urgent Request for a FERC 
Moratorium on Hyperscale Data Center Approvals Pending Comprehensive 
Grid Reliability and Ratepayer Impact Assessments 
Dear Chairman Swett: 
On behalf of the National Congress of American Indians (NCAI), the oldest and 
largest national organization composed of American Indian and Alaska Native Tribal 
governments, I am writing to formally transmit NCAI Resolution #MEM-26-016, 
"Calling for a Moratorium on Hyperscale Data Center Permits Pending 
Comprehensive Environmental and Tribal Impact Assessment." 
This resolution was enacted at the 2026 NCAI Mid Year Convention in Memphis, 
Tennessee. It represents the unified stance of Tribal Nations regarding the rapid 
proliferation of hyperscale data centers and their unprecedented impact on the bulk 
power system and transmission infrastructure overseen by the Federal Energy 
Regulatory Commission (FERC). 
While Tribal Nations support responsible economic and digital development, we are 
deeply concerned about the immense grid demands associated with hyperscale 
data centers requiring 100 megawatts or greater of power continuously. The rapid 
interconnection of these massive load centers places extreme pressure on regional 
electrical grids, accelerates the need for costly interstate transmission upgrades, 
and threatens bulk power system reliability. Furthermore, without proper regulatory 
safeguards, the substantial costs of these infrastructure upgrades are frequently 
shifted onto existing residential and Tribal ratepayers. 
The implementation of Executive Order 14318, "Accelerating Federal Permitting of 
Data Center Infrastructure" (2025) exacerbates these risks. By directing federal 
agencies to fast-track infrastructure approvals through new National Environmental 
Policy Act (NEPA) categorical exclusions and streamlined FAST-41 processes, the 
directive bypasses mandatory, government-to-government Tribal consultation and 
undermines thorough evaluation of the cumulative impacts on energy transmission 
networks. 
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To uphold the federal trust responsibility and protect the integrity of the power grid, NCAI formally calls 
upon the FERC to impose an immediate moratorium on the issuance of any related certificates, 
transmission approvals, or regulatory authorizations supporting hyperscale data centers until a 
comprehensive, independent impact assessment is completed. 
Consistent with the FERC’s statutory authority over interstate electricity transmission, reliability, and 
wholesale rates, we urge the Commission to ensure the following: 
●​
Cost allocation and ratepayer protection: Before any transmission planning approvals or 
cost-allocation agreements are finalized for data center loads, binding conditions must guarantee 
that all grid and infrastructure upgrade costs attributable to data center demand are borne entirely 
by the facility operators, not passed on to existing Tribal or residential ratepayers. 
●​
Grid reliability and impact assessment: The FERC must require rigorous, independent, and 
conflict-free assessments of how these facilities impact regional resource adequacy and 
transmission congestion, ensuring transparent economic analysis of the true costs required to 
support their operations. 
●​
Mandatory Tribal consultation: The FERC must engage Tribal Nations as sovereign partners at 
the outset of any transmission planning or interconnection process related to these 
developments, ensuring that routing and infrastructure decisions do not negatively impact treaty 
rights, cultural resources, or sacred sites. 
The Commission has a legal and moral obligation to conduct genuine consultation before making 
regulatory decisions that affect the economic and energy security of Tribal Nations. Proper respect for 
these sovereign interests will result in a more reliable, just, and resilient energy grid for all Americans. 
We welcome the opportunity to meet with you and the Commission to discuss the implementation of this 
moratorium. 
A full copy of Resolution #MEM-26-016 can be accessed and reviewed in its entirety at: 
qrco.de/MEM-26-016. 
Sincerely, 
 
Larry Wright, Jr. 
Executive Director 
National Congress of American Indians 
cc: 
The Honorable Chris Wright, Secretary, U.S. Department of Energy 
The Honorable Doug Burgum, Secretary, U.S. Department of the Interior 
Nicole Sitaraman, Director, Office of Public Participation, Federal Energy Regulatory Commission 
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