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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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Whether any of them will hold up in court is now the big question.
Environmental lawyers are in for years of déjà vu as the Trump administration relitigates questions that many believed were settled by the Supreme Court nearly 20 years ago.
On Thursday, Trump rescinded the “endangerment finding,” the Environmental Protection Agency’s 2009 determination that greenhouse gas emissions from vehicles threaten Americans’ public health and welfare and should be regulated. In the short term, the move repeals existing vehicle emissions standards and prevents future administrations from replacing them. In the longer term, what matters is whether any of the administration’s justifications hold up in court.
In its final rule, the EPA abandoned its attempt to back the move using a bespoke climate science report published by the Department of Energy last year. The report was created by a working group assembled in secret by the department and made up of five scientists who have a track record of pushing back on mainstream climate science. Not only was the report widely refuted by scientists, but the assembly of the working group itself broke federal law, a judge ruled in late January.
“The science is clear that climate change is creating a risk for the public and public health, and so I think it’s significant that they realized that it creates a legal risk if they were to try to assert otherwise,” Carrie Jenks, the executive director of Harvard’s Environmental and Energy Law Program, told me.
Instead, the EPA came up with three arguments to justify its decision, each of which will no doubt have to be defended in court. The agency claims that each of them can stand alone, but that they also reinforce each other. Whether that proves to be true, of course, has yet to be determined.
Here’s what they are:
Congress never specifically told the EPA to regulate greenhouse gas emissions. If it did, maybe we would have accomplished more on climate change by now.
What happened instead was that in 1999, a coalition of environmental and solar energy groups asked the EPA to regulate emissions from cars, arguing that greenhouse gases should be considered pollutants under the federal Clean Air Act. In 2007, in a case called Massachusetts v. EPA, the Supreme Court agreed with the second part. That led the EPA to consider whether these gases posed enough of a danger to public health to warrant regulation. In 2009, it concluded they did — that’s what’s known as the endangerment finding. After reaching that finding, the EPA went ahead and developed standards to limit emissions from vehicles. It later followed that up with rules for power plants and oil and gas operations.
Now Trump’s EPA is arguing that this three-step progression — categorizing greenhouse gases as pollutants under the Clean Air Act, making a scientific finding that they endanger public health, and setting regulations — was all wrong. Instead, the agency now believes, it’s necessary to consider all three at once.
Using the EPA’s logic, the argument comes out something like this: If we consider that U.S. cars are a small sliver of global emissions, and that limiting those emissions will not materially change the trajectory of global warming or the impacts of climate change on Americans, then we must conclude that Congress did not intend for greenhouse gases to be regulated when it enacted the Clean Air Act.
“They are trying to merge it all together and say, because we can’t do that last thing in a way that we think is reasonable, we can’t do the first thing,” Jenks said.
The agency is not explicitly asking for Massachusetts v. EPA to be overturned, Jenks said. But if its current argument wins in court, that would be the effective outcome, preventing future administrations from issuing greenhouse gas standards unless Congress passed a law explicitly telling it to do so. While it's rare for the Supreme Court to reverse course, none of the five justices who were in the majority on that case remain, and the makeup of the court is now far more conservative than in 2007.
The EPA also asserted that the “major questions doctrine,” a legal principle that says federal agencies cannot set policies of major economic and political significance without explicit direction from Congress, means the EPA cannot “decide the Nation’s policy response to global climate change concerns.”
The Supreme Court has used the major questions doctrine to overturn EPA’s regulations in the past, most notably in West Virginia v. EPA, which ruled that President Obama’s Clean Power Plan failed this constitutional test. But that case was not about EPA’s authority to regulate greenhouse gases, the court solely struck down the particular approach the EPA took to those regulations. Nevertheless, the EPA now argues that any climate regulation at all would be a violation.
The EPA’s final argument is about the “futility” of vehicle emissions standards. It echoes a portion of the first justification, arguing that the point alone is enough of a reason to revoke the endangerment finding absent any other reason.
The endangerment finding had “severed the consideration of endangerment from the consideration of contribution” of emissions, the agency wrote. The Clean Air Act “instructs the EPA to regulate in furtherance of public health and welfare, not to reduce emissions regardless [of] whether such reductions have any material health and welfare impact.”
Funnily enough, to reach this conclusion, the agency had to use climate models developed by past administrations, including the EPA’s Optimization Model for reducing Emissions of GHGs from Automobiles, as well as some developed by outside scientists, such as the Finite amplitude Impulse Response climate emulator model — though it did so begrudgingly.
The agency “recognizes that there is still significant dispute regarding climate science and modeling,” it wrote. “However, the EPA is utilizing the climate modeling provided within this section to help illustrate” that zero-ing out emissions from vehicles “would not materially address the health and welfare dangers attributed to global climate change concerns in the Endangerment Finding.”
I have yet to hear back from outside experts about the EPA’s modeling here, so I can’t say what assumptions the agency made to reach this conclusion or estimate how well it will hold up to scrutiny. We’ll be talking to more legal scholars and scientists in the coming days as they digest the rule and dig into which of these arguments — if any — has a chance to prevail.
The state is poised to join a chorus of states with BYO energy policies.
With the backlash to data center development growing around the country, some states are launching a preemptive strike to shield residents from higher energy costs and environmental impacts.
A bill wending through the Washington State legislature would require data centers to pick up the tab for all of the costs associated with connecting them to the grid. It echoes laws passed in Oregon and Minnesota last year, and others currently under consideration in Florida, Georgia, Illinois, and Delaware.
Several of these bills, including Washington’s, also seek to protect state climate goals by ensuring that new or expanded data centers are powered by newly built, zero-emissions power plants. It’s a strategy that energy wonks have started referring to as BYONCE — bring your own new clean energy. Almost all of the bills also demand more transparency from data center companies about their energy and water use.
This list of state bills is by no means exhaustive. Governors in New York and Pennsylvania have declared their intent to enact similar policies this year. At least six states, including New York and Georgia, are also considering total moratoria on new data centers while regulators study the potential impacts of a computing boom.
“Potential” is a key word here. One of the main risks lawmakers are trying to circumvent is that utilities might pour money into new infrastructure to power data centers that are never built, built somewhere else, or don’t need as much energy as they initially thought.
“There’s a risk that there’s a lot of speculation driving the AI data center boom,” Emily Moore, the senior director of the climate and energy program at the nonprofit Sightline Institute, told me. “If the load growth projections — which really are projections at this point — don’t materialize, ratepayers could be stuck holding the bag for grid investments that utilities have made to serve data centers.”
Washington State, despite being in the top 10 states for data center concentration, has not exactly been a hotbed of opposition to the industry. According to Heatmap Pro data, there are no moratoria or restrictive ordinances on data centers in the state. Rural communities in Eastern Washington have also benefited enormously from hosting data centers from the earlier tech boom, using the tax revenue to fund schools, hospitals, municipal buildings, and recreation centers.
Still, concern has started to bubble up. A ProPublica report in 2024 suggested that data centers were slowing the state’s clean energy progress. It also described a contentious 2023 utility commission meeting in Grant County, which has the highest concentration of data centers in the state, where farmers and tech workers fought over rising energy costs.
But as with elsewhere in the country, it’s the eye-popping growth forecasts that are scaring people the most. Last year, the Northwest Power and Conservation Council, a group that oversees electricity planning in the region, estimated that data centers and chip fabricators could add somewhere between 1,400 megawatts and 4,500 megawatts of demand by 2030. That’s similar to saying that between one and four cities the size of Seattle will hook up to the region’s grid in the next four years.
In the face of such intimidating demand growth, Washington Governor Bob Ferguson convened a Data Center Working Group last year — made up of state officials as well as advisors from electric utilities, environmental groups, labor, and industry — to help the state formulate a game plan. After meeting for six months, the group published a report in December finding that among other things, the data center boom will challenge the state’s efforts to decarbonize its energy systems.
A supplemental opinion provided by the Washington Department of Ecology also noted that multiple data center developers had submitted proposals to use fossil fuels as their main source of power. While the state’s clean energy law requires all electricity to be carbon neutral by 2030, “very few data center developers are proposing to use clean energy to meet their energy needs over the next five years,” the department said.
The report’s top three recommendations — to maintain the integrity of Washington’s climate laws, strengthen ratepayer protections, and incentivize load flexibility and best practices for energy efficiency — are all incorporated into the bill now under discussion in the legislature. The full list was not approved by unanimous vote, however, and many of the dissenting voices are now opposing the data center bill in the legislature or asking for significant revisions.
Dan Diorio, the vice president of state policy for the Data Center Coalition, an industry trade group, warned lawmakers during a hearing on the bill that it would “significantly impact the competitiveness and viability of the Washington market,” putting jobs and tax revenue at risk. He argued that the bill inappropriately singles out data centers, when arguably any new facility with significant energy demand poses the same risks and infrastructure challenges. The onshoring of manufacturing facilities, hydrogen production, and the electrification of vehicles, buildings, and industry will have similar impacts. “It does not create a long-term durable policy to protect ratepayers from current and future sources of load growth,” he said.
Another point of contention is whether a top-down mandate from the state is necessary when utility regulators already have the authority to address the risks of growing energy demand through the ratemaking process.
Indeed, regulators all over the country are already working on it. The Smart Electric Power Alliance, a clean energy research and education nonprofit, has been tracking the special rate structures and rules that U.S. utilities have established for data centers, cryptocurrency mining facilities, and other customers with high-density energy needs, many of which are designed to protect other ratepayers from cost shifts. Its database, which was last updated in November, says that 36 such agreements have been approved by state utility regulators, mostly in the past three years, and that another 29 are proposed or pending.
Diario of the Data Center Coalition cited this trend as evidence that the Washington bill was unnecessary. “The data center industry has been an active party in many of those proceedings,” he told me in an email, and “remains committed to paying its full cost of service for the energy it uses.” (The Data Center Coalition opposed a recent utility decision in Ohio that will require data centers to pay for a minimum of 85% of their monthly energy forecast, even if they end up using less.)
One of the data center industry’s favorite counterarguments against the fear of rising electricity is that new large loads actually exert downward pressure on rates by spreading out fixed costs. Jeff Dennis, who is the executive director of the Electricity Customer Alliance and has worked for both the Department of Energy and the Federal Energy Regulatory Commission, told me this is something he worries about — that these potential benefits could be forfeited if data centers are isolated into their own ratemaking class. But, he said, we’re only in “version 1.5 or 2.0” when it comes to special rate structures for big energy users, known as large load tariffs.
“I think they’re going to continue to evolve as everybody learns more about how to integrate large loads, and as the large load customers themselves evolve in their operations,” he said.
The Washington bill passed the Appropriations Committee on Monday and now heads to the Rules Committee for review. A companion bill is moving through the state senate.
Plus more of the week’s top fights in renewable energy.
1. Kent County, Michigan — Yet another Michigan municipality has banned data centers — for the second time in just a few months.
2. Pima County, Arizona — Opposition groups submitted twice the required number of signatures in a petition to put a rezoning proposal for a $3.6 billion data center project on the ballot in November.
3. Columbus, Ohio — A bill proposed in the Ohio Senate could severely restrict renewables throughout the state.
4. Converse and Niobrara Counties, Wyoming — The Wyoming State Board of Land Commissioners last week rescinded the leases for two wind projects in Wyoming after a district court judge ruled against their approval in December.