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Why Microsoft, Talen Energy, the Data Center Coalition, and everyone else who objected to PJM’s proposal kinda has a point.

You could be mistaken for thinking data center load flexibility was the wave of the future.
With electricity prices rising — in some cases directly due to substantial new investments to support data centers — and data center developers desperate for power, there has seemed to be a new consensus forming around a way to solve both problems using the existing grid, simply by asking data centers to ramp down their energy use at times of peak demand. The whole thing looks like a win-win-win. Researchers have argued that even relatively low levels of curtailment could make room for almost 100 gigawatts of new load to the grid. Goldman Sachs released a report praising data center flexibility, and Google even negotiated a contract to enable flexibility with a Midwestern utility.
So everyone is on board with curtailment, right?
Well, no, at least not in the largest electricity market in the country — and the one that has become the poster child for backlash to data center development.
PJM Interconnection, the 13-state electricity market that spans the Mid-Atlantic and Midwest, has a data center problem. Costs associated with data centers ballooned to over $9 billion in its latest capacity auction, where generators get paid for their ability to stay online, a 174% increase, according to PJM’s independent market monitor.
The system operator has been working on a process to try to balance getting data centers online without risking the reliability of the grid, and in August unveiled an outline for so-called “Non-Capacity-Backed Load,” describing how new large loads like data centers could have their power curtailed.
“PJM expects that there will be a transitional period where NCBL will be necessary as a result of the significant integration of large loads,” the presentation read. “Participation would ideally be voluntary,” but new loads could be assigned NCBL status “on a mandatory basis if needed.” In other words, new data centers could, under the proposal, be essentially forced to shut down from time to time.
PJM then asked for feedback from its stakeholders. What it got wasn’t positive.
The proposal “clearly intrudes upon state jurisdiction and exceeds the Commission’s authority,” a representative from Microsoft said in a public comment on the proposal. Not only that, it would “fundamentally undercut the very purpose of PJM’s capacity market.” In the end, “the proposed rule won’t solve the problem.”
Multiply that sentiment across nearly 200 pages and imagine it coming from nearly every large company involved in the generation, transmission, and consumption of electricity in one of the most populous markets in the U.S. and you’ll begin to understand just how not positive the reaction truly was.
Several commenters, including data center developers, focused on singling out particular large loads for special treatment, which they argued ran afoul of what regional transmission organizations like PJM are allowed to do in structuring electricity markets. The Data Center Coalition, a trade group of datacenter developers, said that PJM “has not provided a defensible rationale for creating this new class of service, and on its face the proposal is unduly discriminatory.”
Like several other stakeholders, the DCC questioned whether PJM was the right actor to create new classes of rates, arguing that type of action “fall[s] squarely within state jurisdiction.” Talen Energy, an independent power company with a significant PJM footprint, also said that the proposal “lies outside of [PJM’s] power to impose.”
Talen, like other power producers, would benefit from a more traditional RTO process, whereby new load induces new demand for energy and capacity, which it could meet (for a price).
“Instead of discriminating against a single form of demand, PJM should focus on improving load forecasting and a market-based solution that encourages more generation supply to be built so that the ‘golden age for American manufacturing and technological dominance’ can be achieved,” the company wrote in its submission.
Even Tyler Norris, the Duke University researcher who has done some of the most widely cited and influential work on data center flexibility, critiqued the proposal, writing on X that there was “much room for improvement” and that it didn’t offer any “defined speed-to-power benefit” for data centers by participating.
The backlash from data center developers shouldn’t be surprising, explained Abraham Silverman, a former lawyer for the New Jersey Board of Public Utilities and an assistant research scholar at Johns Hopkins. “The existing rules are financially very favorable to the data centers. And the reason for that is because both transmission and generation costs are being spread over every customer in the PJM footprint.”
Traditionally, the infrastructure costs of bringing on new load are spread across all customers as a fixed cost, with the idea being that with more customers, over time the fixed costs of the grid go down on a per-customer basis. To the developers and other commenters on PJM’s proposal, this is just how electricity markets and utilities work. Generators and transmission owners don’t ask what the power is being used for, they just supply it. If more generation needs to come online to make sure they can meet that supply, that can happen through the capacity market, where utilities pay generators to be available when demand rises.
But that system may be breaking down as new data centers impose large upfront costs on the whole system that then show up in huge rate increases paid by everyone — to the tune of about 25% in transmission costs for PJM customers since 2020, according to Silverman’s research. That new load must receive reliable service, leading to a bonanza for existing and potential new generators, who can collect growing capacity payments.
“PJM recognizes that it’s between a rock and a hard place, where it potentially has more load coming onto its system than it could reliably serve,” Silverman told me. “They are recognizing they need to have a plan for rationing and allocating available capacity on the electric grid.”
PJM itself may be at risk if data center development leads to higher costs, its independent market monitor argued in a memo: “It is not an overstatement to assert that the ongoing addition of large data center loads will put PJM competitive markets at risk unless there is a solution that requires large data center loads to pay for the costs that they would otherwise impose on other customers.”
While the cranky commenters’ arguments may seem pretextual, or at least self-interested, they aren’t entirely off base, Silverman told me.
“I think there is both a legal and a moral problem here,” Silverman explained. “The moral problem is pretty clear cut: I don’t think anybody really thinks that grandma should be paying higher electric rates because of big tech data centers. The legal question is a little bit harder to answer, and I do think there are legitimate issues on both sides.”
Many of the stakeholder complaints center around the idea that treating large loads or data centers differently is discriminatory in a way that runs afoul of federal energy law. But just because the states may have to get involved in order to put data centers in a special class of electricity customer doesn’t mean that the substantive issues aren’t real.
Some states and regional transmission organizations have started to address the effects of data centers on other users of the grid, most notably Texas, which recently passed a law setting up a mandatory curtailment program for large loads, plus a voluntary demand response program, while Ohio utility AEP reached a deal to make sure data center developers cover the cost of new infrastructure by establishing minimum monthly payments.
PJM will hold another meeting on the proposal later this month and aims to have a proposal ready to present to the Federal Energy Regulatory Commission by the end of the year, although some stakeholders cast doubt on whether PJM could get its act together in time to put forward something to FERC by the end of the year. The Data Center Coalition argued in its comments that the current schedule “does not realistically permit” the “level of deliberation and shareholder vetting” necessary.
But even if the developers, transmission owners, and generators are able to push off this plan, however, the conflicts around data center expansion, reliability, and high electricity prices won’t go away.
“At what point do we seriously as a society talk about the trade-offs?” Silverman asked. “I think there are a lot of people who are financially incented to push off that tough conversation.”
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But there’s still plenty of room for regional grid operators to set their own rules.
Almost eight months have passed since the Federal Energy Regulatory Commission was tasked by the Trump administration with conjuring up with new rules to help speed up interconnection of large loads without increasing retail electricity costs. On Thursday, FERC finally responded with “major reforms,” in the words of Chair Laura Swett, putting the onus on America’s restructured electricity markets — PJM Interconnection, Midcontinent Independent System Operator, Southwest Power Pool, California Independent System Operator, ISO New England, and New York Independent System Operator — to figure out how to implement their suggested solutions.
Using what’s known as “show cause” orders, FERC presented those in charge of these electricity markets, known as regional transmission organizations and independent system operators, with what was essentially a menu of ideas that have been percolating in electricity policy circles since the rise of data-center-driven load growth has started putting pressure on the existing grid and told them to get to work. Secretary of Energy Chris Wright’s original “advance notice of proposed rulemaking,” published in late October, was more proscriptive and specific, whereas FERC essentially said to regional electricity markets, “do whatever you have to, just make it work.”
In a brief email, former FERC chair Neil Chatterjee described this as “a very FERC-y approach!” Or as Gretchen Kershaw, the chief operating officer of Grid Strategies and a former FERC legal advisor, explained to me that “it’s much faster to act on a region-specific basis instead of going through a full notice and comment rulemaking process.”
The commission’s proposed reforms fall into five categories:
1. The markets need “clear transmission service application and study rules” for large load customers seeking to connect to the grid, Swett said in her remarks. The commissioners specifically called out the use of “grid-enhancing technologies” to expand the capacity of America’s existing electricity infrastructure — things like reconductoring, which adds transmission capacity along existing wires, and dynamic line rating, which adjusts capacity based on local weather and conditions. “The cheapest transmission line is the one that already exists,” Commissioner David Rosner said, speaking after Swett at Thursday’s meeting.
2. The RTOs and ISOs will also have to show that they have “adequate safeguards against cost-shifting or take steps to create them,” Swett said. This will require “cost recovery agreements,” Rosner added, “which are designed to ensure that large loads pay their fair share of the costs incurred to serve them, regardless of whether the large load comes online as planned.” In other words, “If new infrastructure is built to accommodate a data center, and that data center doesn’t show up, residential customers are not left on the hook to pay the costs,” he said.
3. The third area that the electricity markets will have to address is co-location and behind-the-meter power, specifically coming up with rules that facilitate purpose-built generation facilities to support new large loads. This would allow data centers and big power users to be less of a burden on the grid, thus requiring less in the way of grid upgrades and additional costs that would be borne by all ratepayers.
4. The orders tells markets “to prove or develop new transmission services to reflect large load flexibility,” Swett said. Load flexibility is another idea designed to lower the system cost of data centers. Grids have to be built out to accommodate the peak demand of the system, but with flexibility, data centers could shave off how much power they demand during, say, a hot summer day, thus lowering that demand peak. To get there, however, they need to be properly incentivized. FERC is telling the RTOs and ISOs to come up with rules that would allow large loads to come online without necessarily requiring vast new buildouts of grid infrastructure and generation. “Legalizing flexible transmission service options for more large load customers can speed interconnection, avoid constructing unnecessary transmission upgrades, reduce strain on the grid, and make power bills cheaper for everyone,” Rosner said.
5. Finally, the orders will require the markets to come up with rules and procedures for generation that’s “proximate” to new load. This will encourage “bring your own new generation,” Rosner said. That stands in contrast to proposals requiring or encouraging new large sources of demand to place generation on their own premises. “Literal co-location is not the only way to facilitate faster, more efficient, and more cost-effective connections to the grid,” Rosner said.
The markets will have to come back in a month to explain how they “intend to ensure that adequate generation will be available to serve existing and new large loads,” a FERC staffer explained at Thursday’s meeting, then again a month later to explain either how their existing rules conform to the new requirements or how they plan to charge their rules to do so.
The commission’s decision is not a formal rulemaking. Instead, the commissioners argued that tasking each RTO and ISO with specific orders would result in a more tailored set of reforms. “Today we’re engaging those to act with more speed, more durability, and more precision than we would get with our proposed rulemaking,” Commissioner David LaCerte said.
The action was strikingly bipartisan, with Democratic and Republican commissioners approving it in a 5-0 vote. It also won plaudits from clean energy and environmental groups. The Sierra Club said in a statement the action was “responsive to Sierra Club’s requests on several fronts,” while the clean energy trade group Advanced Energy United lauded the orders as “potentially creating much-welcome regulatory certainty and transparency, as well as some safeguards to ensure that co-location won’t negatively impact the electric rates and system reliability of all other customers.”
Federal energy regulators have been mulling these reforms as the Trump administration and state and local government officials have grown increasingly restless with rising electricity prices, utilities, and data center developers. Swett herself has scolded America’s largest electricity market, PJM Interconnection, for its inability to meet its own preferred level of excess capacity to ensure it can maintain continuous service, as well as continual high capacity costs, which have translated into tens of billions of dollars of added costs for electricity customers in the mid-Atlantic. Swett has even gone so far to suggest that PJM “ simply has grown too big to function,” leading some market observers to speculate that a forced breakup may be nigh.
Electricity prices nationwide have risen 5.3% in the last year, according to the Bureau of Labor Statistics, while overall prices were up 4.2% — a number that includes gasoline price increases stemming from the war in Iran. In PJM territories like New Jersey, average bills have increased from about $91 to $140 over the past five years, while prices are up some 52%, according to the Heatmap-MIT Electricity Price Hub.
The existing rules, Swett said, are “unjust and unreasonable because they do not adequately address how to integrate large and co-located loads onto the transmission system.”
“Free-riding on other customers is not an option,” she added.
Senior executives at EDP, Apex, Pattern, and other large renewables companies did something remarkable in a recent court filing: They publicly criticized the administration.
Major energy developers are going all in against the Trump administration in court, in what appears to be the first time many are publicly challenging the president in spite of any potential risk of retaliation.
As I chronicled, Trump is now effectively blocking any new wind projects in the U.S., utilizing federal authority over American aerospace to stop what was once a run-of-the-mill approval process for the height of turbines through the Federal Aviation Administration. They’ve done this by using the Defense Department to gum up the interagency review process, with the Pentagon holding up bureaucratic machinations citing vague, alleged national security concerns. Earlier this month, regional renewable energy trade groups filed a lawsuit against the Pentagon and FAA seeking a judicial order akin to what they’ve already won against the Interior Department’s anti-renewables permitting freeze. The case argues Trump can’t hold these routine processes up because, well, they’re mandated by law to ultimately clear things if they meet basic specifications. It arrives as the Trump administration appeals a separate lawsuit against the Interior Department’s de facto permitting freeze, which was formally filed today.
Last week, the renewables trades filed a motion to immediately end this de facto national freeze. Attached to this motion: a murderer’s row of on-the-record statements from senior executives for large U.S. energy developers seeking to build their wind projects. I’ve honestly never seen anything like it – declarations railing against the Pentagon from top personnel for Pattern Energy, Apex Clean Energy, EDP Renewables, Triple Oak Power, Bordas Renewable Energy, Nova Clean Energy and Palmer Capital.
The declarations describe each company’s individual experiences struggling to get these routine height clearances. Adam Clark of Pattern Energy said the Pentagon’s inaction has “jeopardized committed capital, threatened project viability” and “delayed or blocked local and state permitting.” Thomas LoTuro at EDP Renewables said the military’s behavior “effectively halted” a “substantial portion of [EDP] North America’s project portfolio,” stalling some proposals for so long that it risks violating existing local road agreements for construction.
Some of these executives – such as those for Invenergy, Bordas, and Triple Oak – only describe themselves as representatives of the subsidiaries or LLCs developing individual wind projects affected by the freeze. Those filings do not make any reference by name to their parent companies. But quick background checks revealed each of these individuals holds broader development or management roles at the parent companies and I understand from conversations with individuals involved in this litigation that their statements were a significant step not taken likely.
“You are very observant,” one senior renewable energy industry insider told me when I asked about the executives’ statements.
This insider – who has firsthand knowledge about the litigation – told me the companies going on the record are largely doing so because of the extent they’re at risk. Often the height clearance for turbines is one of the final procedural steps before starting construction, and the incoming sunset of tax credits under the Inflation Reduction Act has made construction start dates key to projects’ budgets. Wind development has been drastically undermined by Trump’s permitting freezes. American Clean Power has said turbine orders halved in the first half of 2025, reaching their lowest levels since the COVID-19 pandemic lockdowns.
There’s also the sheer magnitude of the freeze. Before the Pentagon ruined the lives of wind developers, the Trump renewable permitting freeze was an obstacle companies could design around by avoiding wetlands, species habitat, and federal lands. It should’ve been a relief, for example, that the Trump administration dropped its legal defense of the president’s Day 1 executive order going after wind permitting. But the military’s hold on approvals had nothing to do with that and its scope reaches further than just the federal government, as height clearances are often needed for state, county, and municipal permits too.
Ultimately the Pentagon wind freeze represents an existential threat to renewable energy developers’ businesses and reputations in the investment community. Sean Stocker, head of development for Apex Clean Energy, stated in a declaration submitted in the Pentagon wind litigation that more than $133 million in project costs incurred were at risk of being lost, including over projects that had already been determined “do not pose an unacceptable risk to national security.” This has resulted in “impacts and losses” that are “not fully recoverable” even if the companies win in the litigation because of the damage to wind energy’s reputation.
“If Apex is forced to cancel projects as a result of DoD inaction, the resulting economic, reputational, and business losses could irreparably harm the company,” Stocker stated.
Since the start of Trump 2.0, wind energy developers have been skittish to publicly challenge the president in any way for fear of retribution. Trump could hypothetically make wind energy life hell in fresh new ways. Like for example, targeting energy companies critical of the administration in an ongoing crackdown on bird deaths at operational wind farms. A reasonable fear! “Companies are still risk averse and they’re afraid. The knock-on business impacts could hypothetically be worse than the loss on the wind project itself,” said the industry insider, who requested anonymity because they did not have permission to speak on the record about the litigation.
Based on the statements submitted in court, it appears energy companies are now emboldened after winning myriad legal battles against the administration via trade group campaigns and lawsuits filed by supportive Democratic attorneys general. Time will tell whether putting all their chips onto the table will work out in the end.
A representative for the groups involved in the litigation did not respond to a request for comment.
And more of the week’s top fights around development.
1. Apache County, Arizona – Renewables developers are trying to head off restrictions in a coveted region of the sun-swept Arizona desert.
2. Montgomery County, Alabama – A so-called “AI watchman” has won the GOP nomination for Alabama Public Service Commission, indicating how deeply frustrations run in red states against the nascent infrastructure buildout for artificial intelligence.
3. Goodhue County, Minnesota – The mayor of a small city at the center of a significant data center conflict abruptly resigned, indicating further municipal dominoes will fall because of the AI data center backlash.
4. Reno County, Kansas – We close this week’s Hotspots with a county rejecting a data center moratorium.