Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Energy

What an ‘Elegant’ Notice of Proposed Rulemaking Looks Like, According to Neil Chatterjee

The former FERC chair explains why Chris Wright is likely to succeed where Rick Perry failed.

•
Neil Chatterjee and Chris Wright.
Heatmap Illustration/Getty Images

Neil Chatterjee thinks it’s going to go better this time.

Eight years ago, Chatterjee was the chairman of the Federal Energy Regulatory Commission, and Trump was the president. When Trump’s then-Secretary of Energy, Rick Perry, asked the commission to ensure that generators able to store fuel on site — which in the U.S. largely means coal and nuclear — get extra payments for doing so, thus keeping struggling power plants in business, it rejected the proposal by a unanimous vote.

“There’s no doubt my 2017 experience — that was politically driven,” Chatterjee told me, though he did concede that Perry was “right to be concerned about retiring generation at the time.” The Perry plan had been heavily influenced by the coal industry, he told me, and the regulatory structure of “compensating plants for having the attribute of on-site fuel … it was just a bit of a stretch.”

Now there’s a new Trump administration, with a new Secretary of Energy and a new FERC — and on Thursday, Energy Secretary Chris Wright asked the commission to do something else. He put forward what’s known as an advance notice of proposed rulemaking, directing FERC to come up with ways to help to make sure the grid can deal with another large-scale transition.

“They’re just apples and oranges,” Chatterjee said of the two requests. “This is a much more elegant, much more thoughtful exercise.”

Wright’s letter lays out the challenge of integrating large loads — i.e. data centers — onto the grid, arguing that they “must be able to connect to the transmission system in a timely, orderly, and non-discriminatory manner.” Doing so, he said, will “require unprecedented and extraordinary quantities of electricity and substantial investment in the Nation’s interstate transmission system.”

The overall thrust of the proposal is to make things easier and faster, including suggesting that interconnection studies for large loads that have their own generation or are flexible could be finished in just 60 days — which, if successful, could take a process that can last for years and get it done in less than a season.

The notice suggests a number of reforms for FERC to consider, including faster interconnection for “large loads that agree to be curtailable and hybrid facilities that agree to be curtailable and dispatchable” — touching on what has been the hottest subject in energy policy this year.

Tyler Norris, a Duke University researcher who has been one of the leading promoters of load flexibility, called Wright’s notice a “BFD” — that is, big effing deal — in a brief email to Heatmap.

Norris elaborated further on X. The proposal “appears to have done the near-impossible — generate overwhelming bipartisan enthusiasm — in what may be the most positive cross-sector response we’ve seen yet to DOE action under Secretary Wright,” he wrote.

Wright’s proposal suggests that both new data centers and new sources of power should be studied together for interconnection. While this sounds like it would be adding complexity, it may actually be simplifying the process. “Such an approach will allow for efficient siting of loads and generating facilities and thereby minimize the need for costly network upgrades,” the proposal says, reflecting the twinned desire to get more data centers on line faster while shielding electricity consumers from higher costs.

Another of Wright’s suggestions, however, might face more opposition. He argues that “load and hybrid facilities should be responsible for 100% of the network upgrades that they are assigned through the interconnection studies.”

This is designed to address the possibility — already being realized in parts of the country — that the network infrastructure required to bring data centers online could lead to higher costs for all electricity customers served by a given utility as it spreads out those costs to its rate base. The risk, however, is that utilities won’t like it. That’s because in most of the country, utilities earn a regulated rate of return on their investment in grid upgrades (by way of customer bill payments, of course), creating an incentive for them to continue to spend.

Those dynamics may be changing. Utilities once enjoyed primacy in Washington on electricity policy, especially among Republicans, but have seen their status slip of late in favor of a new force: big tech companies with big data centers.

“The hyperscalers have the influence to counteract the utilities here,” Chatterjee told me. “And that’s a new dynamic, historically — when it came to FERC, when it came to DOE, when it came to, quite frankly, Congress. People are sensitive to their utilities.”

Wright’s proposal, Chatterjee said, is trying to balance several different considerations the White House faces.

“This is the most vexing issue before the commission right now. And the reality is, it’s not clean politically within FERC, within DOE, even within the White House. There are differences of opinion on how best to thread this needle,” he told me, pointing to divides between those who want to drive AI development as fast as possible and those who are concerned about electricity prices.

By contrast, the Perry proposal to FERC was widely recognized as being primarily about supporting the coal (and to some extent nuclear) industry.

“I really think what DOE has put forward here is kind of an elegant solution that touches on everything,” Chatterjee said. “It’s not preferring particular sources of generation. It’s for flexibility — flexibility is having its moment.”

The proposal has already won some plaudits from the technology industry. In a letter to the White House, OpenAI Chief Global Affairs Officer Christopher Lehane wrote that the company “welcomed the news last week that DOE recommended to FERC that it assert jurisdiction and create standardized rules for large load interconnections.” He also noted that OpenAI’s data centers “are designed to be curtailable — reducing their draw or even returning power during peak demand, helping to protect reliability and avoid higher costs for consumers.”

The DOE gave FERC an April 2026 deadline for final action on the proposed rulemaking, and FERC said Monday night that comments would be due by November 14.

Chatterjee said he expects FERC to eventually issue rules based on the proposal on a unanimous and bipartisan basis.

“I think the initial thought was, Oh, here goes the Trump administration again, leaning on FERC. This is actually a thoughtful exercise that I think most people in the energy space recognize is necessary to be done.”

You’re out of free articles.

Subscribe to access Heatmap's exclusive climate and energy polling, award-winning journalism, and subscriber-only events. Save $57 on an annual subscription, just $156 $99/year.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Q&A

How to Channel Voters’ Anxieties About Data Centers

A conversation with the Guardrails Alliance’s Shaunna Thomas.

The Q&A subject.
Heatmap Illustration

This week’s Q&A is with Shaunna Thomas of the Democrat-allied super PAC Guardrails Alliance, which describes itself as “not anti-technology” but supportive of AI “rules, accountability, and a government that actually represents the public.” Part of that AI accountability they’re calling for is on data centers.

After the midterms, Guardrails Alliance sent a memorandum to all House and Senate Democratic offices arguing for AI and data center accountability to be a key part of their message and plans heading into the new Congress. Described as a “playbook for how to understand and channel anxieties about AI and data centers,” the document laid out “key narratives” that they said voters who care about these issues want to see reflected and echoed by their politics. They said the push against data centers could help Democrats build more lasting political power.

Keep reading...Show less
Yellow
Hotspots

Consider the Lobstermen Affected by New York’s Empire Wind

Plus more of the week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. New York City — We have a new must-watch offshore wind lawsuit with potential implications for the entire sector — and this time, it’s from lobstermen seeking damages.

  • In late October, a family of lobstermen sued Equinor in federal court claiming the company’s compensatory mitigation program is failing to adequately make up for alleged negative impacts to lobster fishing grounds in the New York Bight. According to the lawsuit, the wind project irreparably hurt fishing in previously trafficked waters. The suit also claims that Empire Wind construction destroyed lobster fishing pots and seeks at least $75,000 in damages as well as punitive damages and attorneys’ fees.
  • The lawsuit is the first I have seen involving someone in aquaculture suing for damages over negative impacts of an already-constructed wind project, and it carries outsized implications as the Trump administration remands without vacatur the construction and operations plans for other offshore wind farms. This case is far from being decided, but that doesn’t matter: It is precisely the kind of complaint that Trump officials are likely to consider as they mull revisions to operational plans.
  • An Equinor spokesman declined to comment on the case, telling me they don’t speak on pending litigation.

2. Hinds County, Mississippi — The largest proposed solar farm in Mississippi is moving forward after an appeals court rejected arguments from aggrieved local residents that it had been improperly approved.

Keep reading...Show less
Yellow
Spotlight

Data Center Developers Can’t Pay People Enough to Accept Them

Trump’s “data center dividend” appears to have backfired. Our latest poll results help explain why.

Donald Trump and data center protesters.
Heatmap Illustration/Getty Images

This year’s midterm elections called into question the efficacy of a push to pay local residents directly in exchange for building data centers.

Before the elections, I profiled the campaign for politicians to embrace the data center “dividend,” a policy idea modeled off Alaska’s Permanent Fund, which doles out checks to residents from profits off state oil, gas and mineral royalties. The Bitcoin Policy Institute, a tech policy think tank, was one of the first to trumpet the concept, but it was quickly taken up by President Donald Trump, who started raising it in speeches and on social media. “If companies want to make their Data Centers popular, pay the community, and/or individuals within the community, a ‘dividend,’” Trump posted to Truth Social on October 21.

Keep reading...Show less
Yellow