Trinity Consultants recently received confirmation from the U.S. Department of Energy’s Energy Information Administration (EIA) that it expects facilities meeting the Form EIA-860 reporting criteria to file both Forms EIA-860 and EIA-923 annually. This includes facilities whose generation consists of emergency or standby generators located “behind the meter” that produce power for site use and do not export power to the grid. The requirement is not new; EIA’s confirmation clarifies that the existing criteria extend to these generators. As a result, data centers, hospitals, manufacturers, universities, and other facilities that do not consider themselves power generators may be subject to annual EIA reporting. EIA’s statutory information collection authority was granted by the Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.). There are no associated regulations implementing this reporting; EIA simply has the legal authority to collect the data. Form EIA-860 covers the type and specifications of generating units existing, planned for construction, or planned for shutdown. Form EIA-923 is for reporting actual generation activity in each calendar year, including data like fuel consumption, gross and net power generation.
Who Must Report
Under the EIA-860 instructions, a plant must report if two conditions are met:
- The total generator nameplate capacity at a single site is 1 megawatt (MW) or greater.
- The generators, or the facility in which they reside, are connected to the local or regional electric grid and are able to draw power from or deliver power to the grid.
The 1 MW threshold applies to the combined nameplate capacity of all generators at the site, not to individual units. A site with three 500-kilowatt generators, for example, has a total capacity of 1.5 MW and meets the threshold. Both emergency and standby generators count toward this total.
The connection criterion includes the ability to draw power from the grid. In practical terms, a facility that purchases electricity from its utility meets this criterion even if its generators never export power.
These criteria are not limited to any industry. They also apply to proposed plants: generators that will meet the criteria once built are required to be reported on EIA-860 and the plant operator is responsible for filing. Once a unit is set up with EIA via an initial EIA-860, annual reporting of its generating activity is also required.
Why EIA is Focusing on Backup Generators
In Federal Register notices published on March 6, 2026, and July 21, 2026, EIA stated that Form EIA-860 typically includes backup generators above the 1 MW threshold, but that many are inconsistently reported or omitted. EIA cited rising electricity demand, including demand from data centers, and Department of Energy (DOE) grid emergency orders as reasons for addressing this gap.
To improve coverage, EIA received emergency approval from the Office of Management and Budget (OMB) on February 12, 2026, for a new information collection: the EIA-860S, State Level Generator Air Permit Inventory Report. The EIA-860S requests inventories of permitted generators from air permitting agencies. In a July 2026 notice, EIA proposed extending the collection for three years as a voluntary survey covering approximately 150 state, county, and regional air permitting agencies and all power generators, with data drawn first from public air permit portals. That means any generators listed in air permits are a data source EIA intends to use to identify facilities that should be filing EIA-860 and EIA-923.
What the Reports Require
Form EIA-860 collects plant- and generator-level data, including utility information and details for each generating unit on site. First-time filers complete the form and submit it by email to [email protected]. EIA then assigns a plant ID and login credentials, and subsequent filings are completed online.
Form EIA-923 collects operating data and is filed electronically. Because the plant ID used on EIA-923 is established through EIA-860, first-time filers must complete EIA-860 before they can file EIA-923. EIA selects some plants to report EIA-923 monthly rather than annually. Facilities with questions about the specific data their site must report can contact Trinity Consultants.
Reporting Timeline
Recurring Form EIA-860 filings are due annually between the first business day of January and the last business day of February. EIA opens annual collection for Form EIA-923 at its discretion, typically around the new year, with the reports due approximately 45 days after the form opens. First-time filers should account for the sequence between the two forms: the EIA-860 submission and plant ID assignment must be completed before EIA-923 can be filed.
For first-time filing, EIA has indicated that if assets are currently operational, forms should be submitted as soon as possible. If assets are proposed, they should be submitted once construction commences on the project. Anything already under construction should be submitted now.
How to Prepare
Trinity recommends facilities with over 1 MW of generation to take the following steps:
- Inventory all generators at each of their sites, including emergency and standby units, and total nameplate capacity by site. Include all types of stationary electric power generation, including photovoltaic solar, wind, steam-electric, combined cycle, simple-cycle, and emergency generators.
- Confirm whether each site is connected to the grid and identify the plant operator responsible for filing.
- Begin first-time EIA-860 filings early, since EIA-860 must be completed and processed by EIA before EIA-923 can be submitted. The first-year filings are completed on paper forms. In consideration of the reporting timelines mentioned above, allow adequate review and consultation time between the facility, Trinity, and EIA staff so EIA can set up the new units in the electronic systems accurately.
How Trinity Can Help
Trinity prepares many EIA-860 and EIA-923 reports for clients annually and is positioned to help facilities outside the boundaries of the traditional electric power sector to navigate their EIA reporting requirements. Trinity can be designated as a preparer in EIA’s system and file both forms on a facility’s behalf, including first-time EIA-860 submissions.
For more information or assistance with EIA-860 and EIA-923 reporting, contact Katherine Katsourides, Power Sector Client and Business Development Manager, at 407.982.2891.
