Sign In or Create an Account.

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

Energy

The Battle Lines Are Drawn in FERC’s Data Center Fight

Things got testy in the docket.

A data center and power lines.
Heatmap Illustration/Getty Images

The future of the American electric grid is being determined in the docket of the Federal Energy Regulatory Commission.

The Trump administration tasked federal energy regulators last month to come up with new rules that would allow large loads — i.e. data centers — to connect to the grid faster without ballooning electricity bills. The order has set off a flurry of reactions, as the major players in the electricity system — the data center developers, the power producers, the utilities — jockey to ensure that any new rules don’t impinge upon their business models. The initial public comment period closed last week, meaning now FERC will have to go through hundreds of comments from industry, government, and advocacy stakeholders, hoping to help shape the rule before it’s released at the end of April.

They’ll have a lot to sift through. Opinions ranged from skeptical to cautiously supportive to fully supportive, with imperfect alignment among trade groups and individual companies.

The Utilities

When the DOE first asked FERC to get to work on a rule, several experts identified a possible conflict with utilities, namely the idea that data centers “should be responsible for 100% of the network upgrades that they are assigned through the interconnection studies.” Utilities typically like to put new transmission into their rate base, where they can earn a regulated rate of return on their investments that’s recouped from payments from all their customers. And lo, utilities were largely skeptical of the exercise.

The Edison Electric Institute, which represents investor-owned utilities, wrote in its comments to FERC that the new rule should require large load customers to pay for their share of the transmission system costs, i.e. not the full cost of network upgrades.

EEI claimed that these network costs can add up to the “tens to hundreds of millions of dollars” that should be assigned in a way that allows utilities “to earn a return of and on the entirety of the transmission network.”

In short, the utilities are defending something like the traditional model, where utilities connect all customers and spread out the costs of doing so among the entire customer base. That model has come under increasing stress thanks to the flood of data center interconnection requests, however. The high costs in some markets, like PJM, have also led some scholars and elected officials to seriously reconsider the nature of utility regulation. Still, that model has been largely good for the utilities — and they show no sign of wanting to give it up.

The Hyperscalers

The biggest technology companies, like Google, Microsoft, and Meta, and their trade groups want to make sure their ability to connect to the grid will not be impeded by new rules.

Ari Peskoe, an energy law professor at Harvard Law School, told me that existing processes for interconnection are likely working out well for the biggest data center developers and they may not be eager to rock the boat with a federal overhaul. “Presumably utilities are lining up to do deals with them because they have so much money,” Peskoe said.

In its letter to FERC, the DOE suggested that the commission could expedite interconnection of large loads “that agree to be curtailable.” That would entail users of a lot of electricity ramping down use while the grid was under stress, as well as co-locating projects with new sources of energy generation that could serve the grid as a whole. This approach has picked up steam among researchers and some data center developers, although with some cautions and caveats.

The Clean Energy Buyers Association, which represents many large technology companies, wrote in its comment that such flexibility should be “structured to enable innovation and competition through voluntary pathways rather than mandates,” echoing criticism of a proposal by the electricity market PJM Interconnection that could have forced large loads to be eligible for curtailment.

The Data Center Coalition, another big tech trade group representing many key players in the data center industry, emphasized throughout their comment that any reform to interconnection should still allow data centers to simply connect to the grid, without requiring or unduly favoring “hybrid” or co-location approaches.

“Timely, predictable, and nondiscriminatory access to interconnection service for stand-alone load is… critical… to the continued functioning of the market itself,” the Data Center Coalition wrote.

The hyperscalers themselves largely echoed this message, albeit with some differences in emphasis. They did not want any of their existing arrangements — which have allowed breakneck data center development — to be disrupted or to be forced into operating their data centers in any particular fashion.

Microsoft wrote that it was in favor of “voluntarily curtailable loads,” but cautioned that “most data centers today have limited curtailment capability,” and worried about “operational reliability risks.” In short, don’t railroad us into something our data centers aren’t really set up to do.

OpenAI wrote a short comment, likely its first ever appearance in a FERC docket, where it argued for “an optional curtailable-load pathway” that would allow for faster interconnection, echoing comments it had made in a letter to the White House.

Meta, meanwhile, argued against any binding rule at all, saying instead that FERC “should consider adopting guidance, best practices, and, if appropriate, minimum standards for large load interconnection rather than promulgating a binding, detailed rule.” After all, its deploying data centers gigawatts at a time and has been able to reach deals with utilities to secure power.

The Generators

Perhaps the most fulsome support for the broadest version of the DOE’s proposal came from the generators. The Electrical Power Supply Association, an independent power producer trade group, wrote that more standardized, transparent “rules of the road” are needed to allow large loads like data centers “to interconnect to the transmission system efficiently and fairly, and to be able to do so quickly.” It also called on FERC to speed up its reviews of interconnection requests.

Constellation, which operates a 32-gigawatt generation fleet with a large nuclear business, said that it “agrees with the motivations and principles outlined in the [Department of Energy’s proposal] and the need for clear rules to allow the timely interconnection of large loads and their co-location with generators.” It also called for faster implementation of large load interconnection principles in PJM, the nation’s largest electricity market, “where data center development has been stymied by disagreements and uncertainty over who controls the timing and nature of large load interconnections, and over the terms of any ensuing transmission service.” Constellation specifically called out utilities for excessive influence over PJM rulemaking and procedures.

Constellation’s stance shouldn’t be surprising, Peskoe told me. From the perspective of independent power producers, enabling data centers to quickly and directly work with regional transmission organizations and generators to come online is “generally going to be better for the generators,” Peskoe said, while utilities “want to be the gatekeeper.”

In the end, the fight over data center interconnection may not have much to do with data centers — it’s just one battle after another between generators and utilities.

Green

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
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
Climate

What We Know About Trump’s Endangerment Finding Repeal

The administration has yet to publish formal documentation of its decision, leaving several big questions unanswered.

Donald Trump and Lee Zeldin.
Heatmap Illustration/Getty Images

President Trump announced on Thursday that he was repealing the Environmental Protection Agency’s scientific determination that greenhouse gases are dangerous to human health and the natural world.

The signal move would hobble the EPA’s ability to limit heat-trapping pollution from cars, trucks, power plants, and other industrial facilities. It is the most aggressive attack on environmental regulation that the president and his officials have yet attempted.

Keep reading...Show less
Climate Tech

There’s More Than One Way to Build a Wind Turbine

Startups Airloom Energy and Radia looked at the same set of problems and came up with very different solutions.

Possible future wind energy.
Heatmap Illustration/Radia, Airloom, IceWind, Getty Images

You’d be forgiven for assuming that wind energy is a technologically stagnant field. After all, the sleek, three-blade turbine has defined the industry for nearly half a century. But even with over 1,000 gigawatts of wind generating capacity installed worldwide, there’s a group of innovators who still see substantial room for improvement.

The problems are myriad. There are places in the world where the conditions are too windy and too volatile for conventional turbines to handle. Wind farms must be sited near existing transportation networks, accessible to the trucks delivering the massive components, leaving vast areas with fantastic wind resources underdeveloped. Today’s turbines have around 1,500 unique parts, and the infrastructure needed to assemble and stand up a turbine’s multi-hundred-foot tower and blades is expensive— giant cranes don’t come cheap.

Keep reading...Show less
Green
AM Briefing

Georgia on My Mind

On electrolyzers’ decline, Anthropic’s pledge, and Syria’s oil and gas

The Alabama statehouse.
Heatmap Illustration/Getty Images

Current conditions: Warmer air from down south is pushing the cold front in Northeast back up to Canada • Tropical Cyclone Gezani has killed at least 31 in Madagascar • The U.S. Virgin Islands are poised for two days of intense thunderstorms that threaten its grid after a major outage just days ago.

THE TOP FIVE

1. Alabama weighs scrapping utility commission elections after Democratic win in Georgia

Back in November, Democrats swept to victory in Georgia’s Public Service Commission races, ousting two Republican regulators in what one expert called a sign of a “seismic shift” in the body. Now Alabama is considering legislation that would end all future elections for that state’s utility regulator. A GOP-backed bill introduced in the Alabama House Transportation, Utilities, and Infrastructure Committee would end popular voting for the commissioners and instead authorize the governor, the Alabama House speaker, and the Alabama Senate president pro tempore to appoint members of the panel. The bill, according to AL.com, states that the current regulatory approach “was established over 100 years ago and is not the best model for ensuring that Alabamians are best-served and well-positioned for future challenges,” noting that “there are dozens of regulatory bodies and agencies in Alabama and none of them are elected.”

Keep reading...Show less
Red