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Why regional transmission organizations as we know them might not survive the data center boom.

As the United States faces its first significant increase in electricity demand in decades, the grid itself is not only aging, but also straining against the financial, logistical, and legal barriers to adding new supply. It’s enough to make you wonder: What’s the point of an electricity market, anyway?
That’s the question some stakeholders in the PJM Interconnection, America’s largest electricity market, started asking loudly and in public in response to the grid operator’s proposal that new large energy users could become “non-capacity backed load,” i.e. be forced to turn off if ever and whenever PJM deems it necessary.
PJM, which covers 13 states from the Mid-Atlantic to the Midwest, has been America’s poster child for the struggle to get new generation online as data center development surges. PJM has warned that it will have “just enough generation to meet its reliability requirement” in 2026 and 2027, and its independent market monitor has said that the costs associated with serving that new and forecast demand have already reached the billions, translating to higher retail electricity rates in several PJM states.
As Heatmap has covered, however, basically no one in the PJM system — transmission owners, power producers, and data center developers — was happy with the details of PJM’s plan to deal with the situation. In public comments on the proposed rule, many brought up a central conflict between utilities’ historic duty to serve and the realities of the modern power market. More specifically, electricity markets like PJM are supposed to deal with wholesale electricity sales, not the kind of core questions of who gets served and when, which are left to the states.
On the power producer side, major East Coast supplier Talen Energy wrote, “The NCBL proposal exceeds PJM’s authority by establishing a regime where PJM holds the power to withhold electric service unlawfully from certain categories of large load.” The utility Exelon added that owners of transmission “have a responsibility to serve all customers—large, small, and in between. We are obligated to provide both retail and wholesale electric service safely and reliably.” And last but far from least, Microsoft, which has made itself into a leader in artificial intelligence, argued, “A PJM rule curtailing non-capacity-backed load would not only unlawfully intrude on state authority, but it would also fundamentally undercut the very purpose of PJM’s capacity market.”
This is just one small piece of a debate that’s been heating up for years, however, as more market participants, activists, and scholars question whether the markets that govern much of the U.S. electric grid are delivering power as cheaply and abundantly as they were promised to. Some have even suggested letting PJM utilities build their own power plants again, effectively reversing the market structure of the past few decades.
But questioning whether all load must be served would be an even bigger change.
The “obligation to serve all load has been a core tenet of electricity policy,” Rob Gramlich, the president of Grid Strategies LLC, told me. “I don’t recall ever seeing that be questioned or challenged in any fundamental way” — an illustration of how dire things have become.
The U.S. electricity system was designed for abundance. Utilities would serve any user, and the per-user costs of developing the fixed infrastructure necessary to serve them would drop as more users signed up.
But the planned rush of data center investments threatens to stick all ratepayers with the cost of new transmission and generation that is overwhelmingly from one class of customer. There is already a brewing local backlash to new data centers, and electricity prices have been rising faster than inflation. New data center load could also have climate consequences if utilities decide to leave aging coal online and build out new natural gas-fired power plants over and above their pre-data center boom (and pre-Trump) plans.
“AI has dramatically raised the stakes, along with enhancing worries that heightened demand will mean more burning of fossil fuels,” law professors Alexandra Klass of the University of Michigan and Dave Owen at the University of California write in a preprint paper to be published next year.
In an interview, Klass told me, “There are huge economic and climate implications if we build a whole lot of gas and keep coal on, and then demand is lower because the chips are better,” referring to the possibility that data centers and large language models could become dramatically more energy efficient, rendering the additional fossil fuel-powered supply unnecessary. Even if the projects are not fully built out or utilized, the country could face a situation where “ratepayers have already paid for [grid infrastructure], whether it’s through those wholesale markets or through their utilities in traditionally regulated states,” she said.
The core tension between AI development and the power grid, Klass and Owen argue, is the “duty to serve,” or “universal service” principle that has underlain modern electricity markets for over a century.
“The duty to serve — to meet need at pretty much all times — worked for utilities because they got to pass through their costs, and it largely worked for consumers because they didn’t have to deal very often with unpredictable blackouts,” Owen told me.
“Once you knew how to build transmission lines and build power plants,” Klass added, “there was no sense that you couldn’t continue to build to serve all customers. “We could build power plants, and the regulatory regime came up in a context where we could always build enough to meet demand.”
How and why goes back to the earliest days of electrification.
As the power industry developed in the late 19th and early 20th century, the regulated utility model emerged where monopoly utilities would build both power plants and the transmission and distribution infrastructure necessary to serve that power to customers. So that they would be able to achieve the economies of scale required to serve said customers efficiently and affordably, regulators allowed them to establish monopolies over certain service territories, with the requirement that they would serve any and everyone in them.
With a secure base of ratepayers, utilities could raise money from investors to build infrastructure, which could then be put into a “rate base” and recouped from ratepayers over time at a fixed return. In exchange, the utilities accepted regulation from state governments over their pricing and future development trajectories.
That vertically integrated system began to crack, however, as ratepayers revolted over high costs from capital investments by utilities, especially from nuclear power plants. Following the deregulation of industries such as trucking and air travel, federal regulators began to try to break up the distribution and generation portions of the electricity industry. In 1999, after some states and regions had already begun to restructure their electricity markets, the Federal Energy Regulatory Commission encouraged the creation of regional transmission organizations like PJM.
Today some 35 state electricity markets are partially or entirely restructured, with Texas operating its own, isolated electricity market beyond the reach of federal regulation. In PJM and other RTOs, electricity is (more or less) sold competitively on a wholesale basis by independent power producers to utilities, who then serve customers.
But the system as it’s constructed now may, critics argue, expose retail customers to unacceptable cost increases — and greenhouse gas emissions — as it attempts to grapple with serving new data center load.
Klass and Owen, for their part, point to other markets as models for how electricity could work that don’t involve the same assumptions of plentiful supply that electricity markets historically have, such as those governing natural gas or even Western water rights.
Interruptions of natural gas service became more common starting in the 1970s, when some natural gas services were underpriced thanks to price caps, leading to an imbalance between supply and demand. In response, regulators “established a national policy of curtailment based on end use,” Klass and Owen write, with residential users getting priority “because of their essential heating needs, followed by firm industrial and commercial customers, and finally, interruptible customers.” Natural gas was deregulated in the late 1970s and 1980s, with curtailment becoming more market-based, which also allowed natural gas customers to trade capacity with each other.
Western water rights, meanwhile, are notoriously opaque and contested — but, importantly, they are based on scarcity, and thus may provide lessons in an era of limited electricity supply. The “prior appropriation” system water markets use is, “at its core, a set of mechanisms for allocating shortage,” the authors write. Water users have “senior” and “junior” rights, with senior users “entitled to have their rights fulfilled before the holders of newer, or more ’junior,’ water rights.” These rights can be transferred, and junior users have found ways to work with what water they can get, with the authors citing extensive conservation efforts in Southern California compared to the San Francisco Bay area, which tends to have more senior rights.
With these models in mind, Klass and Owen propose a system called “demand side connect-and-manage,” whereby new loads would not necessarily get transmission and generation service at all times, and where utilities could curtail users and electricity customers would have the ability “to use trading to hedge against the risk of curtailments.”
“We can connect you now before we build a whole lot of new generation, but when we need to, we’re going to curtail you,” Klass said, describing her and Owen’s proposal.
Tyler Norris, a Duke University researcher who has published concept-defining work on data center flexibility, called the paper “one of the most important contributions yet toward the re-examination of basic assumptions of U.S. electricity law that’s urgently needed as hyperscale load growth pushes our existing regulatory system beyond its limits.”
While electricity may not be literally drying up, he told me, “when you are supply side constrained while demand is growing, you have this challenge of, how do you allocate scarcity?”
Unlike the PJM proposals, “Our paper was very focused on state law,” Klass told me. “And that was intentional, because I think this is trickier at the federal level,” she told me.
Some states are already embracing similar ideas. Ohio regulators, for instance, established a data center tariff that tries to protect customers from higher costs by forcing data centers to make minimum payments regardless of their actual electricity use. Texas also passed a law that would allow for some curtailment of large loads and reforms of the interconnection process to avoid filling up the interconnection queue with speculative projects that could result in infrastructure costs but not real electricity demand.
Klass and Owen write that their idea may be more of “a temporary bridging strategy, primarily for periods when peak demand outstrips supply or at least threatens to do so.”
Even those who don’t think the principles underlying electricity markets need to be rethought see the need — at least in the short term — for new options for large new power users who may not get all the power they want all of the time.
“Some non-firm options are necessary in the short term,” Gramlich told me, referring to ideas like Klass and Owen’s, Norris’s, and PJM’s. “Some of them are going to have some legal infirmities and jurisdictional problems. But I think no matter what, we’re going to see some non-firm options. A lot of customers, a lot of these large loads, are very interested, even if it’s a temporary way to get connected while they try to get the firm service later.”
If electricity markets have worked for over one hundred years on the principle that more customers could bring down costs for everyone, going forward, we may have to get more choosy — or pay the price.
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We got a much better sense of the Trump administration’s nuclear buildout plans today.
The Energy Department announced its long-awaited loan program that will aim to build a new fleet of nuclear reactors across the country. The department’s in-house bank will provide low-interest loans of up to $17.5 billion to help utilities and power developers buy up to 10 Westinghouse AP1000s, the third-generation nuclear reactor that is that company’s flagship product.
I can’t say this program was entirely a surprise: If you read Heatmap, you’ll remember we reported on the existence of this program — and the discussions between the government, utilities, power developers, and Westinghouse — back in February. Gregory Beard, who leads the Energy Department’s in-house bank, also teased the program at a Houston conference in April.
The program looks roughly as anticipated: It will aim to construct up to 10 new reactors, with two AP1000 Westinghouse reactors across five sites. That could add up to 11 gigawatts of nearly around the clock zero-carbon electricity to the power grid. What’s new is that Westinghouse and the utility will jointly own the power plants.
According to The Wall Street Journal, utilities and Westinghouse will each own part of the plants once they’re built. Five loans will become available; the department is already in talks with seven utilities.
At the high level, it’s a cool program — or at least I think so. Nuclear support has become surprisingly bipartisan, at least at the elite level, in recent years. In New York, Governor Kathy Hochul is trying to develop new nuclear plants. As we’ve noted before, the countries with some of the cleanest power grids in the world, such as France and Sweden, achieved their low carbon emissions in part by undertaking large, state-led nuclear energy buildouts. France, in particular, harmonized its nuclear power plants to a single reactor design and then built them to spec across the landscape. China is engaged in a similar buildout now with a variant of the AP1000. By getting behind the AP1000 in the United States, the Trump administration is following a global best practice.
The idea of a mass buildout makes sense for other reasons, too. Recent nuclear projects in the United States have often faced delays because construction and manufacturing timelines don’t line up. AP1000s are manufactured partly off-site in Westinghouse facilities and then shipped in; when a part arrives late, an expensive construction crew has to sit idle while they wait for it to arrive. (These timing misalignments drove part of the Vogtle plant’s runaway costs in Georgia.) By placing what is in essence a bulk order for AP1000 parts, the new program aims to bring down the cost of production and even allows project sites to swap identical parts as they come available — if one site isn’t ready to receive a pressure vessel, for instance, it can go somewhere else.
I hesitate to praise the project's climate bonafides at the risk of discouraging the Trump administration, but it is worth noting that if this project were to succeed, it would be one of the largest state-assisted build-outs of zero-carbon electricity in recent American history. But it would still take some time to arrive: These reactors aren’t forecast to come online til 2035.
Let me note one more irony. For a long time, the country’s policymakers and nuclear industry (to the extent the latter exists) have dreamt of small modular reactors: petite fission plants that can be manufactured in a factory and would produce a few hundred megawatts. The AP1000, in both its American and Chinese iterations, is a very large reactor — but it has become, in a sense, modular and manufacturable.
Cameco, which owns about half of Westinghouse, saw its stock rise 1.8% in the day’s trading. Brookfield Renewable Partners, which owns the other half, was flat. It was otherwise a choppy day in the markets, with the S&P 500 falling 1.4% and some tech and AI-exposed companies continuing their slide.
There will be much more to say about this program, and we look forward to covering it at Heatmap.
Hyperscalers might be paying billions to avoid blame for rising electricity prices.
Here is a mystery for you: On Wednesday, the House Energy and Commerce Committee will take up the Ratepayer Protection Act, a bipartisan bill sponsored by Colorado Republican Gabe Evans and Florida Democrat Kathy Castor that seeks to enshrine Trump’s similarly named pledge into law.
Among the bill’s supporters is Kentucky Representative Brett Guthrie, a Republican and the chair of the committee. Guthrie is no opponent of artificial intelligence, saying in a statement praising the bill that “Winning the race to AI dominance is essential to securing America’s future global leadership, and that means expeditiously building the power infrastructure needed to support new technologies, while doing so in a responsible way.” Guthrie did not respond to a request for comment.
Microsoft, one of seven large technology companies that agreed to cover any additional grid infrastructure costs stemming from their data centers under Trump’s original Ratepayer Protection Pledge, supports the bill, describing it as an “important step to help ensure American families are protected from rising electricity costs.” Google, another signatory, generally backs the idea of specialized large load tariffs that allocate network costs back to the hyperscalers.
But … why? After all, these companies are voluntarily putting themselves on the hook for what could be billions of dollars in costs that would typically be socialized to all the customers on the grid.
The Data Center Coalition, a trade group including several hyperscalers, has been more circumspect about the bill. Cy McNeill, the group’s senior director of federal affairs, told me in a statement that the group “is reviewing the details of the Ratepayer Protection Act with our members and looks forward to engaging with policymakers on this important topic.”
Evans, Castor, Guthrie, and and the rest appear to be acting not out of hostility towards the AI industry, but rather from a desire to protect it from public backlash fed by rising electricity prices. Earlier this month, Guthrie co-signed a letter to FBI Director Kash Patel, among others, raising concerns that China had “engaged in a coordinated effort to slow U.S. growth in AI development and the building of infrastructure supporting AI data centers” by fomenting domestic opposition — hardly the interpretation of someone working against the industry.
The explanation, perhaps, lies in the answers to two big questions about the Ratepayer Protection Act:
1. Are data centers responsible for higher electricity prices now, or will they be in the future?
2. And would the approach taken in the law actually work to protect ratepayers?
As to the first question, analysts have come up with a nuanced answer. The electricity cost increases we’ve seen in the last five or so years have been largely driven by expenses associated with the distribution grid, including the poles and wires themselves. In some states, like California, the costs come back to wildfires; in others, like Maine, to storm remediation. Looking backwards to 2019, researchers have not been able to find a regular relationship between load growth and price hikes.
In fact, several states “absorbed large industrial and data center load additions while reducing inflation-adjusted retail prices,” according to researchers at Columbia University’s Center on Global Energy Policy. By contrast, some states with little load growth from industry or data centers, such as Maine or California, have seen prices rise substantially.
Many analysts expect electricity prices to continue rising nationally, and data centers could be a driver going forward as demand hits a grid whose capacity to generate and transmit electricity is increasingly strained. This is likely already happening in the country’s largest electricity market, PJM Interconnection, where the system’s independent market monitor has claimed that current and forecasted data center demand has cost customers over $23 billion from recent capacity auctions.
To get prices to actually fall — or at least grow more slowly —it would require that “low-cost supply is available, existing infrastructure is more fully utilized, and cost allocation ensures that new demand contributes to system efficiency,” the Columbia researchers write. Under business as usual however, prices will likely continue to rise.
On the second question, there is much more cynicism.
Critics of the original Ratepayer Protection Pledge, including Harvard Law School’s Ari Peskoe, pointed out that the actual parties to ratemaking — utilities and state regulators — were not involved in the pledge at all. Already, there are accusations that projects developed by pledge signatories could lead to higher prices. Meta's sprawling planned data center project in Louisiana is responsible for the utility’s plans to buy a Texas natural gas-fired power plant, according to documents filed by regulators reviewed by the Times-Picayune. The $1.8 billion deal could lead to $8 a month in additional costs for typical Louisiana ratepayers.
The Ratepayer Protection Act would go a bit further than the pledge, amending the Public Utility Regulatory Policies Act to “establish a Federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers.” Peskoe, however, described this to me in an email as “largely symbolic” and noted that “Congress may not force state regulators to do anything” under current Supreme Court jurisprudence. “This section of PURPA is basically Congress asking state regulators to please take a look at the ratemaking standard.”
That being said, Peskoe noted that “many states and non-regulated utilities do tend to consider PURPA ratemaking standards,” but that there’s “no enforcement mechanism,” depriving the law of any teeth. “States can reject the ratemaking standards or adopt them in a way that deviates from what Congress may have intended.”
Still, it is likely in the political interest of state regulators to come up with something on large load tariffs, the Cato Institute’s Travis Fisher told me. He recommended that the National Association of Regulatory Utility Commissioners “spearhead an initiative to get every state regulator to sign a ratepayer protection pledge,” if only to insulate themselves from political backlash and maintain their power over retail ratemaking.
But even if states do adopt the cost allocation principle, determining exactly which infrastructure is being installed due to a data center and what serves all users can be tricky.
“Any real-world example of this is going to be quite complicated, and the devil’s always in the details,” Ben Schifman, a senior technology fellow at the Institute for Progress and a former attorney at the Department of the Interior and the Department of Justice, told me. While it might be possible to conclude that “a given substation is simply only needed for that data center,” he said, “as soon as you start zooming out into the larger, big-ticket investments, it’s quite complicated to attribute the cost to one user or one group of users.”
In summary, the Ratepayer Protection Act will ask state regulators to consider an approach to data center cost allocation that may not capture all of their costs and will likely do little to arrest the fundamental drivers of higher electricity costs. Viewed through this lens, the logic of the coalition supporting both the original Ratepayer Protection Pledge and the beefed-up Ratepayer Protection Act comes into focus.
Electricity prices are likely to continue to rise, and data center construction has powerful interests behind it. The public’s attitude towards data centers is rapidly souring, and no matter how many nuanced PDFs are published on the topic, people continue to blame data centers for higher electricity costs.
And if prices continue to rise, the big data center developers may be able to point to the Ratepayer Protection Act and say “well, it wasn’t me.”
On simplified oil and gas leases, lawsuits over plastic and coal, and a new climate research database
Current conditions: The U.K.’s Met Office issued its second-ever Red Extreme Heat Warning for Wednesday and Thursday • A wildfire near Eureka, Utah forced the town’s evacuation • Flash flood warnings are in effect today for Southern Massachusetts.
Lucid Motors is downsizing, again. The electric vehicle maker is laying off 18% of its staff just a few months after a 12% reduction in force in February, according to Electrek. The company also eliminated a second production shift at its factory in Casa Grande, Arizona. EV sales plummeted in the U.S. after the federal EV tax credit expired in September. While many automakers are canceling new electric vehicle lines in the U.S., Lucid hasn’t axed any plans yet, and will be releasing its first lower-cost EV, the Lucid Cosmos SUV, later this year with a price tag under $50,000. It’s also preparing to launch a robotaxi service later this year in partnership with Uber and the autonomous driving technology company Nuro. According to Lucid’s new CEO, Silvio Napoli, the staff cuts will help “simplify the company, sharpen execution, and position Lucid to become more competitive over time.”

Trump’s environmental deregulation crusade continues. The Interior Department proposed several changes to the rules governing oil and gas leasing on federal lands Monday that would limit public input and cut costs for companies. Under existing rules, which were updated during the Biden administration, companies must maintain a minimum bond of $500,000 for each state where they hold leases to cover the cost of capping oil and gas wells when they are done drilling. Trump’s proposal would reduce the requirement to $25,000, shifting the financial risk of remediation to state taxpayers. The new rules would also shorten public participation periods from 90 days to 10, and get rid of a requirement that companies include plans to minimize methane emissions when they apply for drilling permits.
Red states are going after California, this time for its nation-leading plastic regulations. In 2022, the Golden State passed a law setting plastic waste reduction targets and requiring companies to cover the cost of recycling of their own products. The state aims to cut single-use plastic packaging on products by 25% by 2032. Now, 17 attorneys general from red states have teamed up with the National Association of Wholesaler-Distributors, a trade group, to sue California, arguing that the rules represent an “unprecedented overreach” that will increase the cost of goods throughout the country.
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In the first case of its kind, 10 Australians are suing the government for violating their human rights by failing to limit fossil fuel production. The claimants, each of whom has been personally affected by climate change-fueled extreme weather, brought the case to the United Nations’ Human Rights Committee on Monday. Some of them have lost their homes to wildfires and floods, while others have experienced health impacts from heat waves. The case follows a 2025 ruling by the International Court of Justice that all governments have an obligation to protect people from climate change, citing support for fossil fuel production and consumption as a potential violation of this obligation. While that ruling didn’t have any enforcement power, it teed up the potential for country-level claims like this one in Australia. The country is the second largest exporter of coal in the world and the third largest exporter of liquified natural gas.
The rumors were true. The Trump administration has appointed Travis Kavulla, a former utility regulator and power company executive, to lead the Bonneville Power Administration, a federal agency that sells electricity from the government’s hydroelectric dams in the Pacific Northwest. Kavulla arrives as the agency prepares for a controversial exit from California’s real-time electricity trading market to join a new day-ahead market overseen by the Southwest Power Pool, a regional transmission organization. Environmental groups are urging Kavulla reconsider the decision, arguing that it risks raising energy costs for Northwest ratepayers.
The climate change research and news site Carbon Brief debuted Project Cosmos on Monday, the world’s largest database of research on the warming planet. It includes more than 1.8 million publications and “captures the vast body of human knowledge about climate change that has accumulated over more than a century of academic study.” The architects created a stunning “star” map that visualizes the collection by clustering of fields of study, such as medicine, chemistry, or agriculture. They also identified the 500 most-cited studies and scientists, with French carbon cycle modeler Philippe Ciais earning the top spot.