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What happens when you can’t run and you can’t hide?

You did everything right.
You had your go-bag ready and you knew your evacuation route. You monitored the wildfire as it moved closer and closer to your home, and you kept the volume turned up on your phone so you could heed a “LEAVE NOW” notice if one came. When it finally does, jolting you awake in the middle of the night, you realize that you can smell the smoke inside. When did the fire get so close?
The power is out, so you make your way downstairs using your phone’s flashlight. You have to Google how to manually open the garage door since the electronic clicker doesn’t work (oh, so that’s what the red cord is for). Your heart is thumping, but you’ve made it, you’re in your car; you even remembered to keep it filled to half a tank in preparation. You pull out of your driveway and onto the dirt road that leads out of your rural neighborhood. The night sky ahead of you is a weird neon orange.
You have to hit your brakes when you reach the intersection at the main road. It’s completely backed up with other evacuees, their red taillights stretching ahead through the thickening smoke as far as your eye can see. Some of your neighbors are pulling their boats on trailers; there is an RV up ahead. And you can see the fire burning down the side of the hill now — toward you, toward the gridlocked traffic that isn’t moving.
Harrowing Fort McMurray wildfire escapeyoutu.be
Leaving your home is only the beginning of a wildfire evacuation. But the next step — the drive to a safe location — is usually given no more attention in preparedness guides than the reminder to “follow the directions of emergency officials.” In the best-case scenarios, where communication is clear and early and residents are prepared, that might be enough. But when communication breaks down, or fires move fast and unpredictably, traffic can reach a dangerous standstill and familiar roads can transform into death traps.
In 2015, some 20 vehicles were overcome by a fire while stuck in a traffic jam on Interstate 15 between Los Angeles and Las Vegas; on the same interstate in Utah five years later, a backup nearly became deadly as a fire burned up to the road’s shoulder and panicked travelers abandoned their cars. Fire evacuations in New South Wales, Australia, in 2020 resulted in a 10-hour backup, and Canada’s Highway 3 had bumper-to-bumper traffic earlier this month because it was the only road out of imperiled Yellowknife. In 2020, some 200 people had to be evacuated by helicopter from California’s Sierra National Forest after a fire cut off their only exit route.
And when people die in wildfires, they are often found in their vehicles. In Portugal, 47 of the 64 people killed during a 2017 forest fire were in their cars, trying to escape. At least 10 people were found dead in or near their cars after the 2018 Camp fire, the deadliest blaze in California’s history. And in Lahaina, Hawaii, this month, in what the Los Angeles Times has called “surely … the deadliest traffic jam in U.S. history,” the lack of advanced warning combined with inexplicably blocked roads led an untold number of people to perish in their cars while trying to evacuate, including a 7-year-old boy who was fleeing with his family; a man who used his last moments attempting to shield a beloved golden retriever in his hatchback; and a couple who were reportedly found in each other’s arms.
In a best-case scenario, emergency managers are able to phase evacuations in such a way that the roads don’t get backed up and residents have plenty of time to make it to safety. But wildfire is anything but predictable, and officials who call for an evacuation too soon can risk skeptical residents deciding to take a “wait and see” approach, where they only get in their car once things start to look dicey. In one 2017 study, only a quarter of people in wildfire-prone neighborhoods actually left as soon as they received an evacuation notice (other studies have found higher levels of compliance). This is the worst nightmare from an emergency management standpoint, since “evacuating at the last minute is probably the most dangerous thing you can do,” Sarah McCaffrey, one of the 2017 study’s authors, told The New Yorker.
Further complicating matters is the fact that many wildfire-prone areas are isolated or rural regions with a limited number of egresses to work with. One 2019 investigation found that in California alone, 350,000 people live in areas “that have both the highest wildfire risk designation, and either the same number or fewer exit routes per person as Paradise” — the site of the 2018 Camp fire, where backups on roads prevented many from escaping.
Evacuation traffic also doesn’t behave like the rush hour traffic we’re more familiar with. It’s “a peak of a peak,” with the congestion caused by “the sheer amount of people trying to leave and load onto the roadway at the same time in the same direction,” Stephen Wong, a wildfire evacuation researcher and an assistant professor of transportation engineering at the University of Alberta, told me. Burnovers and hazards like downed powerlines or trees can further reduce exit options, funneling all evacuees onto the same low-capacity roads. Worse, once that congestion starts to form, “you actually reduce the number of vehicles being able to go through that section,” Wong added. “So you go from 2,000 vehicles per hour [per lane], and it drops to, like, 500 vehicles per hour.”
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Households will also frequently evacuate with multiple cars — rather than leave a valuable asset behind to burn — and tow trailers, boats, and RVs. As a result, the average vehicle length increases by 3% during wildfire evacuations, one recent study that looked at the 2019 Kincade fire in California found — leading, of course, to even worse congestion. (Agonizingly, Wong’s research further uncovered that over half of evacuating households “had at least two or more spare seats available”). The Kincade study also discovered that drivers significantly slow down during wildfire evacuations — contrary to the common misconception of careening, panicked escapees — likely due to a combination of factors such as lowered visibility and more cautious driving.
Because “most [evacuation] research focuses on hurricanes and then tornadoes,” Salman Ahmad, a traffic engineer at the civil engineering firm Fleis & VandenBrink, told me, “traffic simulations — how traffic moves during a wildfire — are still lacking.” When emergency planners use computer models to calculate minimum evacuation times for their jurisdictions, for example, their assumptions can be deadly. “If you plan for an allocation considering normal traffic as a benchmark, you’re basically not making the right assumption because you need to put in that extra safety margin” to account for “the fact that people slow down,” Enrico Ronchi, a fire researcher at Lund University in Sweden and the author of the Kincade study, told me.
Wong agreed, stressing that the number of variables fire managers need to juggle is dizzying. “Evacuations are really complex events that involve human behavior, risk perceptions, communication, emergency management, operations, the transportation system itself, psychology, the built environment, and biophysical fire,” Wong said. “So we have a long way to go for evidence-based and sufficient planning that can actually operationalize and prepare communities for these types of events.”
And that’s the scary thing: A person or a community might do everything right and still be at grave risk because of all the unknowns. Evacuation alerts might not get sent or arrive too late; exit routes might become unexpectedly blocked; fires might leapfrog, via flying embers, to create new spot fires that cut off egresses. Paradise, California, famously had a phased evacuation plan in place and had even run community wildfire drills, but even the best-laid plans can unravel.
Tom Cova, a geography professor at the University of Utah who has been studying wildfire evacuations for 30 years, told me that “too many communities may be planning for the roads to be open, the wireless emergency alert systems to work, there not to be tons of kids at home that day — you can just go down the list of things that [could go] wrong and think, What’s the backup plan?” The uncomfortable truth is that we need plans B, C, and D for when evacuations fail. Because they will fail.
Take Lahaina, where a closed bypass road concentrated outbound traffic onto a single, jam-packed street. When people started to panic and abandon their cars, it ultimately further obstructed the road for everyone behind them. “It’s like a chain reaction, where each car is seeing the [people in the] car in front of them run,” Cova said. “And then you look behind you, you can’t back up. If you look to the sides, you’re stuck. And then you say, ‘We’re going into the ocean, too.’”
That improvisation ultimately saved some lives. But “it’s hard for emergency managers to order this kind of thing because what if people drowned?” Cova went on. “So you’re trading one risk for another risk.”
But the need for creative improvisation is also a conclusion that’s been reached by the National Institute of Standards and Technology (NIST), the government agency tasked with issuing guidelines and regulations for engineers and emergency responders. In new guidance released last week, NIST used the Camp fire as its case study and found “evacuation is not a universal solution,” explaining there are times when “it may be better for residents to shelter in their community at a designated safety zone” rather than attempt to drive out of town.
This is a somewhat radical position for a U.S. agency since evacuations have long been the foundation of American wildfire preparations. But the thinking now appears to be turning toward asking “what shelters do we have?” if and when a worst-case scenario arises, as Cova further explained to me. “Temporary refuge areas, high schools, churches, large parking lots, large sports fields, golf courses, swimming pools — I wouldn’t recommend using any of these things, and I wouldn’t recommend people being told to use them,” he said, “but [people] have to know what to do when they can’t get out.”
In the case of Paradise, for example, NIST reports that there were 31 such “temporary refuge areas” that ultimately saved 1,200 lives during the fire, including 14 parking lots, seven roadways, six structures, and a handful of defensible natural areas, like a pre-established wildfire assembly area in a meadow that had already burned and ended up serving as a refuge for as many as 85 people. Once established, these concentrated refuge areas can be defended by firefighters, as was the case for 150 people who memorably hunkered down to wait out the blaze in a strip mall parking lot. It’s far from a best-case scenario, but that’s still 150 people who would’ve otherwise been stuck in potentially deadly traffic jams trying to get out of town.
Temporary refuges are unplanned areas of last resort, but establishing a larger safety zone network and preemptively hardening gathering places like schools and community centers could also potentially reduce exposure on roads by shortening the distance evacuees need to travel to get to lower-hazard areas. So-called WUI fire shelters — essentially, personal fire bunkers that NIST warns against because they aren’t standardized in the U.S. but are popular in Australia — could also be explored. “That’s the direction we’re heading in with wildfire communities,” Cova told me grimly, “because we don’t seem to be able to stop the development in these areas. That means we’re forcing people into a corner where shelter is their only backup plan.”
Maybe this is difficult for you to imagine: Your community is different; a wildfire couldn’t happen here. You’d evacuate as soon as you got the notice; there’s no way you’d get stuck. You’re a good driver; you could get out without help. But as Lahaina and other “unprecedented” fires show, it’s the limits of our lived experiences that we’re up against now.
“We should think about possible scenarios that we have not seen before in our communities,” Ronchi, the Swedish fire researcher, said. “I understand that it’s a bit of a challenge for everyone because often you have to invest money for something that you have not experienced directly. But we are [living] in scenarios now in which we cannot anchor ourselves on our past experiences only.”
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Robinson Meyer:
Hello, it’s Friday, October 2, and this is a special New York Climate Week edition of Shift Key. Last week, Heatmap welcomed climate and energy leaders, experts, and influencers to Heatmap House, our all-day summit in New York City. Among those leaders was New Jersey Governor Mikie Sherrill. Governor Sherrill is a former Navy pilot, federal prosecutor, and member of the House of Representatives. She was elected New Jersey’s governor in November 2025. That campaign, and her election year last year, was dominated by the state’s surging electricity prices, and specifically by how the interaction between the AI data center boom and features of the local multi-state electricity market, PJM, had caused power bills to surge in the state by about $260 per household.
Robinson Meyer:
Governor Sherrill ran on and implemented a one-year rate freeze. She’s since passed other legislation meant to make it easier to build solar and batteries in the state. My colleague, Heatmap correspondent Matthew Zeitlin, has been covering those policies, and last week he sat down at Heatmap House to discuss them with Governor Sherrill, as well as to discuss the future of her climate and electricity agenda. Let’s go to that conversation now.
Robinson Meyer:
Matt and Governor Sherrill were recorded in front of a live audience at Heatmap House at 22 Vanderbilt in New York City on September 23rd. I’m Robinson Meyer, the founding executive editor of Heatmap News, and you are listening to Shift Key.
Matthew Zeitlin:
Mikie Sherrill, thanks. Thanks so much for coming across the Hudson this morning to join us. Let’s just start with, I think, the kind of electricity or energy policy issue most associated with you. Is there a rate freeze in New Jersey right now? And are your constituents, the rate payers, are they still angry about their electricity bills?
Mikie Sherrill:
That’s a great question. So, yes, there is a rate freeze. In fact, that was a commitment I made. And so I didn’t, I would say less than an hour into my administration, the middle of my inaugural address, I declared a state of emergency on utility costs, froze rates, and then at the same time signed executive orders to increase power generation across our state. We’ve been at it ever since. And the movements we’ve made will save New Jersey rate payers over a billion dollars a year as we are implementing all of these changes. And, but no, rate payers are not happy in New Jersey, nor should they be, because rates did go up double digits. So they saw a large increase. And, you know, in large part, there had been a lot of people asleep at the wheel on how we were going to move forward in advanced technologies and generate more power and drive down costs.
Matthew Zeitlin:
So as I understand it, a component of those executive orders was taking some of the funding that comes from the regional greenhouse gas market and putting that into rate relief. You know, there is stuff on any New Jersey ratepayers bill that funds things that are government programs, energy programs. Have you rethought kind of both the RGGI and the societal benefits charges to think about why are we adding stuff onto the bill instead of, you know, making it cheaper?
Mikie Sherrill:
So we actually have taken stuff off the bill. There was an incentive on our bill that had been in place for years to incentivize our utility companies to join PJM. Well, they joined PJM years ago and they weren’t going to leave. So we took that off the bill and we just did that to drive down costs. We did use a little bit of our Reggie friends because there had been some rate cases that had already been made in the previous administration that we had to address so that we could keep rates flat to meet our commitment. What we’ve really done, though, that I’m very excited about with some RGGI funds is to put $100 million incentives into solar and battery storage projects so that we can see more generation in these clean power technologies. And I think that’s something that we’re going to see. EDA has just been putting that at our economic development authorities. So we’re very excited about what’s coming.
Matthew Zeitlin:
Yeah. And then just kind of building off of that. Obviously, New Jersey has aggressive climate commitments. How do you talk to your how you’re going to meet those climate commitments when they’re, I think everyone would say they’re most concerned right now about kind of that number on the bottom of their bill.
Mikie Sherrill:
Certainly. Look, we have, you know, when I say we have an affordability crisis, it’s not just one thing. It’s a crisis because it’s everything. Housing prices are up in some cases by 60% in some towns in the last five years. We have utility costs up by double digits last year. They were set to go up double digits this year until I froze them. We have, you know, the federal government’s cutting health care. So we have 70,000 people that can’t afford to be in the affordable care market anymore. We have about 300,000 people who are being kicked off the Medicaid rolls that we have to deal with. So there is a crisis going on. So you cannot simply say to people, you know, sorry, your bills are just going to keep skyrocketing. That is not the answer, which is why we’ve acted so aggressively.
Mikie Sherrill:
I approved 18 solar and battery storage projects in the first six months because we knew the federal credits were going to run out if we did not get that done. So that’s why we had to take on permitting reform right away to make sure we were growing that. I lifted a 50-year nuclear moratorium.
Mikie Sherrill:
We have continued to look at new and innovative things. A lot of people are talking about virtual power plants to get more capacity and drive-down costs. We are implementing that. I would suggest, and we were talking a little bit about this before we went on, it was so interesting. I’m one of one of the very few people that actually ran in 2025. So we knew the landscape. We knew what Trump was ending. We knew what the future looked like. We knew what we could and couldn’t do and spaces that we’d have opportunity and where opportunity was shut off from us. So we we could hit the ground running. And we also took advantage of best in class people.
Mikie Sherrill:
We have, she’s sitting right there, Maddie, who’s worked in New Jersey Power and understands it very deeply. We have Elizabeth Knoll, who came out of the federal government, who worked for Granholm and now is working for New Jersey. We have amazing people who are developing these new and innovative things. And I think the reason that New Jersey has now become a market leader in how you advance clean energy in a really innovative way is because we’ve just set up this government. So everything’s starting from, okay, where are we and how do we get to a better place and taking on all those new innovations.
Matthew Zeitlin:
Yeah, I mean, we were talking backstage, you know, when I took this job three years ago, I had no idea I’d be writing so much about energy policy in the state of New Jersey, but from the campaign and then, you know, in your first year here, there’s been so much going on. Obviously, we need to talk about data centers, you know, not too long ago. New Jersey had a program, a tax, you know, abatement, a tax incentive to attract data centers to the state. Obviously, there’s been a lot of local backlash to them. There was an enforcement action, I think, this morning in Vineland, New Jersey. That tax incentive has, I believe, been reversed. From your perspective now, if a data center developer wants to set up in New Jersey, what do they need to do?
Mikie Sherrill:
Well, we’ve laid out exactly what they need to do. They need to bring their own energy. They need to invest in our grid. They need to report their water and power usage. They need to hire good talent so that they create jobs in the community. And they need to bring community benefits. We’ve also put them in their own rate class, so they are not harming other rate payers. And we mean business. And I think you can see that with the action we brought against the Vineland data center. So this is not a free ride for anyone. If they want to engage in building this out, it has to be a benefit to our communities in New Jersey.
Mikie Sherrill:
What was so interesting to me, I was telling you about different financing agencies and different power generators and what this was going to look like going forward. And it was so fascinating to me to see the difference between the old and new. Some people at the table are saying, oh, you know, people are saying don’t invest in New Jersey because labor cost of labor is high. And I said, that is so fascinating. You’re telling me that because I have heard from so many people about how they’re dying to invest in New Jersey and they want to know how. And I said, yeah, we’re a labor state. You’re going to have to pay for talent. But at the same time, we are laying out exactly how you invest in New Jersey to take a lot of the risk out of it. But you have to come to the table early. You can’t just come in and say, work out some deal in back rooms and come say, now I’m going to plop a data center here.
Mikie Sherrill:
I mean, there are places in New Jersey where you should not be building data centers. There are places in New Jersey where it might make sense, but the towns and communities are going to decide that. So you have to start engaging early with them to explain what you want to do and why you want to do it. And finally, I’ve said, and you’ve, I told a data center, I said, and you guys have been horrible at it. I’m just telling you, nobody knows what a data center is and you need to explain why it’s even important. Are you curing cancer? You know, what are you doing? Why is this a societal benefit. And then I’ll end by saying, look, it’s up to businesses. They make money, right? Scientists innovate. Government needs to protect people. And that’s where government has been asleep at the wheel. And that’s why I think you see so many people not trusting innovation right now or where it’s going, because government needs to protect people from these downside risks. And right now, I would say the federal government’s not going to do it, which is why as a state, we are engaging so aggressively.
Matthew Zeitlin:
So obviously we were talking about this backstage, New Jersey has this great history of innovation technological development, and right now you have a lot of advanced industries in New Jersey — a pharmaceutical industry, financial services you have a lot of research around the Princeton National Lab. When you’re trying to attract these kind of next generation industries how do you then kind of, on the other way, how do you kind of assure them that they can set up large energy consuming facilities that, you know, are that anchor those industries?
Mikie Sherrill:
It’s kind of interesting twofold. I would say to a large extent, we don’t need to attract some of these innovators. We need to keep them. Innovation starts in New Jersey. We have a million different spinoffs. We were talking about they’ll do fusion and they’ve already got the magnets that are found few places in the world. I mean, they come and spun off from the National Lab at Princeton. We have companies like that all over the state. And we have states like New Mexico that are constantly saying, you know, here, come here. And people in New Jersey, and if you’re not from New Jersey, this may surprise you, but people in New Jersey love New Jersey and we want to stay there. And we want our kids to go to the great schools there and we want to continue to grow businesses. So companies don’t want to leave New Jersey. We just have to make sure they have enough, you know, that there’s not some other incentive driving them away.
Mikie Sherrill:
At the same time, when you say, how can I assure that people are going to have all the power they want, we are creating a structure so that people can make sure that they have clean power generation. That’s why something like a virtual power plant is so interesting. But it is not on the state to kind of assure you can do whatever the heck you want in power generation. It is up to the companies to work with us to say, okay, I want to invest in this. This is going to be a net good for the people of New Jersey. So for example, I’m going to build a virtual power plant. I’m going to have battery packs in everyone’s basement. I’m going to pay them to do that. And we’re going to generate new clean power for this entity. That is how they need to come to work.
Mikie Sherrill:
And I would again say that that was what was so interesting at the table, because there are people who get that. In some of the most innovative power generating companies, in some of the most innovative technological companies, they get that. They know where this is all going. Some of the old school companies are still sort of coming to the table saying, what can you do for me? That’s not where we are right now. We need to understand what benefit can you bring to the people of New Jersey.
Matthew Zeitlin:
And you mentioned earlier that, you know, your gubernatorial race was in 2025. We obviously have the midterms coming up in November, and then we have, you know, another election in 2028. What, when Democratic candidates come to you and ask about how they should talk about energy and electricity policy, or if they’re not coming to you and you would like to say something to them, what are you telling them? How they, you know, obviously every state, every district’s different, but what are some … What are some things you learned in 2025 that could be applied elsewhere in the country?
Mikie Sherrill:
Sure. I just want to go back one second. I know we’re on such limited time. That’s why I’m speaking fast. I would say the reason I was saying what can you bring to New Jersey is because the business case has been made for innovation technologies, and they are raking in billions of dollars. And we just need to make sure that as we build out these systems, that it goes to a benefit to everyone, that we are not simply funneling billions, trillions of dollars into a few people in Silicon Valley. We want to make sure this is a net good. That’s what I said government does, is we protect communities from those downside risks and we invest and create opportunity there. That’s what we’re looking to do, is making sure everybody gains here.
Mikie Sherrill:
The thing I would tell people who are running is you have to be nimble, You have to be innovative and you have to be aggressive and you can’t, you have to take risks. The status quo is not working for anyone. The can has been kicked down the road on too many different issues. And if you were going to try to duck your head and say some mealy mouth thing like, you know, we’re going to do all of the above and, you know, and it’s, you know, everyone’s welcome and we like business. That’s not going to cut it. you have to be able, I mean, we charged through the campaign by understanding deeply what was going on in our state. And so we were joking. I would say, you know, a lot of people in the whole market couldn’t tell you what PJM is, right? Still, a lot of governors probably couldn’t really delineate it. We knew everything about everybody because when your utility bill goes up by double digits, the person you’re going to hire to be the no boss of your state better understand why. And exactly what they can do to fix that.
Mikie Sherrill:
And then I have to convince people, because the final thing I’d say is, I’d say since Reagan, this idea of like government’s always the problem, get them out of the way and everything goes well, has come to its logical conclusion, right? There are areas where we need government to function, and we need government to function well, not just to sort of regulate stuff to actually drive innovation, to drive success for people, to drive opportunity, and make sure the rising tide lifts all boats. That’s what has been missing in so many cases. And so I think if you want to run for us, if you want to hold the public trust, if you want to be a public servant, then you need to engage deeply and you need to be really good at your job. And that means telling people exactly what you can do to make their lives better.
Matthew Zeitlin:
I think that’s probably as good a note as any to end on. Mikie Sherrill, thank you so much.
Mikie Sherrill:
Well, thank you. I really appreciate it.
Matthew Zeitlin talks with the New Jersey leader at Heatmap House at New York Climate Week.
Governor Mikie Sherrill is a former Navy pilot, federal prosecutor, and a member of the U.S. House of Representatives. She was elected New Jersey's governor in November 2025 in a campaign dominated by the state’s surging electricity prices.
For this episode of Shift Key, Governor Sherrill joined Heatmap correspondent Matthew Zeitlin for a live conversation at our Heatmap House event, part of New York Climate Week. She reflected on electricity inflation, power markets, and what a data center developer would need to do to build in New Jersey.
Shift Key is hosted by Robinson Meyer, the founding executive editor of Heatmap News.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, YouTube, or wherever you get your podcasts.
You can also add the show’s RSS feed to your podcast app to follow us directly.
Here is an excerpt from their conversation:
Matthew Zeitlin: So obviously — we were talking about this backstage — New Jersey has this great history of innovation technological development. And right now you have a lot of advanced industries in New Jersey — a pharmaceutical industry, financial services you have a lot of research around the Princeton National Lab. When you’re trying to attract these kind of next generation industries, how do you kind of assure them that they can set up large energy-consuming facilities that anchor those industries?
Mikie Sherrill: It’s kind of interesting, twofold. I would say to a large extent, we don’t need to attract some of these innovators, we need to keep them. Innovation starts in New Jersey. We have a million different spinoffs. We were talking about, they’ll do fusion, and they’ve already got the magnets that are found few places in the world. I mean, they come and spun off from the National Lab at Princeton. We have companies like that all over the state. And we have states like New Mexico that are constantly saying, you know, here, come here. And people in New Jersey — and if you’re not from New Jersey, this may surprise you — but people in New Jersey love New Jersey, and we want to stay there. And we want our kids to go to the great schools there and we want to continue to grow businesses. So companies don’t want to leave New Jersey. We just have to make sure they have enough, you know, that there’s not some other incentive driving them away.
At the same time, when you say, how can I assure that people are going to have all the power they want? We are creating a structure so that people can make sure that they have clean power generation. That’s why something like a virtual power plant is so interesting. But it is not on the state to kind of assure you can do whatever the heck you want in power generation. It is up to the companies to work with us to say, okay, I want to invest in this. This is going to be a net good for the people of New Jersey. So for example, I’m going to build a virtual power plant. I’m going to have battery packs in everyone’s basement. I’m going to pay them to do that. And we’re going to generate new clean power for this entity. That is how they need to come to work.
And I would again say that that was what was so interesting at the table, because there are people who get that. In some of the most innovative power generating companies, in some of the most innovative technological companies, they get that. They know where this is all going. Some of the old school companies are still sort of coming to the table saying, what can you do for me? That’s not where we are right now. We need to understand what benefit can you bring to the people of New Jersey.
You can find a full transcript of the episode here.
Mentioned:
Matthew on Governor Sherrill’s electricity rate freeze
Previously on Shift Key: Energy Secretary Chris Wright on Trump’s Pro-Nuclear, Pro-Fossil Fuel Agenda
Previously on Shift Key: Al Gore on AI, ‘An Inconvenient Truth,’ and the Biggest Surprises of the Past 20 Yearst 20 Years
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The bill would let states and utilities discriminate against data centers and crypto miners, requiring them to pay higher rates to cover the full cost of any system upgrades.
Call it the data center double tap.
A wonky set of provisions in the Senate’s bipartisan permitting deal would rewrite federal electricity law to allow states and utilities to discriminate against artificial intelligence data centers and crypto miners for the first time.
The proposal would force AI data centers to pay for any new transmission infrastructure required to serve them — while still paying full freight to use the rest of the power grid. It could even let states require the facilities to subsidize other customers’ power rates.
Senator Martin Heinrich, the ranking Democrat on the Senate energy committee, mentioned the provisions during a press event announcing the deal on Wednesday, but they have so far attracted less attention than the bill’s other measures.
If enacted, the bill will “mean that we actually require big load centers — whether that’s a factory or a data center — to not pass those costs on to the American consumer by statute, not suggestion,” he said.
The bill arguably goes further than that summary. It creates new carve-outs in federal law that disadvantage data centers and crypto miners specifically, allowing states to discriminate against them as compared to other large-scale customers. It also protects electricity customers from the future risk of data centers failing to pay their bills.
The proposal comes at an auspicious time. Utilities are already gearing up to spend tens of billions of dollars building new transmission lines and power infrastructure to meet energy demand from AI data centers. The law would seek to ensure that tech companies and data center developers bear the cost of those upgrades.
Since the data center boom got underway, just about everyone involved — tech companies, utilities, environmentalists, and even President Trump — has agreed on one thing: Normal Americans should not pay for data centers’ burden on the power system.
These expenses can be significant, especially for the transmission system. Because a single computing facility can guzzle gigawatts of energy at once, compressing a city’s worth of power demand into just a few acres, it often requires the construction of specialized new infrastructure, or it risks causing blackouts and brownouts for nearby customers.
In 2024, utility customers in the country’s largest power market paid $4.3 billion for transmission upgrades to supply data centers, according to a Union of Concerned Scientists report.
Trump enshrined guarantees against these payments in his Ratepayer Protection Pledge in March. That document vowed that data center companies must pay for all of the electricity used to run their facilities, any new power plants required to generate that electricity, and any “new power delivery infrastructure upgrades.”
There’s just one issue: Under federal law, the last part of that pledge is nearly impossible.
Since the early 1990s, federal law has prohibited utilities from charging customers for both the cost of using specific transmission infrastructure and the cost of using the rest of the power grid.
The origins of that ban go back to a 1992 case where a power plant in one utility’s service area wanted to sell electricity to a neighboring utility. The local utility wanted to charge it the “normal” cost of using its power grid, plus a special fee to cover the cost of crowding its own customers off the necessary transmission lines.
The Federal Energy Regulatory Commission ruled that was illegal. Instead, it said, utilities could make a customer pay for the “incremental” cost of using specific transmission lines, such as those built to service their facility. Or they could charge for the “embedded” costs of the existing power grid.
Utilities could not charge customers for both “incremental and embedded” costs, it said; instead, utilities had to choose the higher of the two. FERC formalized the policy in 1994.
Electricity law has changed significantly since then, and those FERC rules don’t apply to power plants, Ari Peskoe, the director of the Electricity Law Initiative at Harvard Law School, told me.
But the ban still applies to electricity customers — even very big ones, like data centers. Peskoe wrote a Utility Dive article in April credited with first identifying the clash between the FERC rules, the data center boom, and the White House’s pledge.
The rules have serious implications for energy affordability. In practice, virtually every utility today is charging data centers for the “embedded” cost of using the existing grid, Peskoe told me. That’s because utilities want to avoid fights with each data center about which transmission upgrade costs are “incremental” and which are “embedded.”
Instead, utilities are forcing all of their customers to pay for the cost of transmission upgrades to serve those data centers. That means data centers will likely drive up normal Americans’ electricity rates for the next decade or so, even if officials, lawmakers, and tech companies say they don’t want that to happen.
The Senate proposal would change this, instructing FERC to require utilities to charge data centers for the cost of any new grid upgrades required to serve them as well as the costs of the underlying grid. In other words, it would mandate data centers pay for embedded and incremental costs.
These types of customers “should incur the full cost of the transmission service they require,” the bill says. This change would apply narrowly to data centers, crypto mining operations, and any facilities doing AI training — essentially discriminating against data centers under federal law.
The bill would also write a new section into the Federal Power Act that would require data centers, crypto miners, and other computing facilities larger than 20 megawatts to cover the entire cost of their service. The bill says utilities can’t spread the cost of providing energy or building infrastructure for data centers to any other customer.
If data centers leave a contract early, they will still have to pay for the full cost of those grid upgrades. And before a utility can upgrade any of their infrastructure to serve a data center, it must get “financial assurances or contributions” from that facility to cover the costs of doing so.
The bill also allows states to go further than these provisions — they can discriminate against data centers, set special rates by which data centers subsidize other customers’ power rates, and auction off the right to connect to the power grid.
Since I’ve learned about these provisions, I’ve struggled with what to call them. They aren’t quite a new tax on data centers, because the government does not collect the revenue. But many of them have tax-like qualities: They impose significant new costs on future data centers that would then be used to pay for upgrades to the broader power grid, and they protect the power system from the downside risks of a data center bust. They also allow for cross-subsidy of the power system, where payments from data centers can reduce everyone else’s electricity rates.
The law would bring federal rules governing electricity somewhat closer to those that already exist for natural gas, though it goes much further than those rules, too. Since 1999, FERC has generally assumed new interstate natural gas pipelines should be entirely paid for in an “incremental” way, meaning that new shippers or customers are supposed to bear the costs of service expansion alone. Having customers pay for embedded and incremental pricing remains illegal under federal natural gas law.
When combined with other provisions in the bill — such as those that make building new interstate transmission lines much easier — the new policies could help spur a large-scale buildout of electricity infrastructure paid for by the data center boom.
But even setting that more ambitious potential aside, the law would cover existing holes in the laws protecting Americans from paying for the data center boom.“I think it’s an improvement on the status quo,” Peskoe told me. “I think it’s consistent with data centers paying their ‘fair share,’ and consistent with the text of the Ratepayer Protection Pledge.”
And it is also “consistent,” he added, “with how normal people might think about these issues.”