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An agreement to privatize Minnesota Power has activists activated both for and against.

For almost as long as utilities have existed, they have attracted suspicion. They enjoy local monopolies over transmission (and, in some places, generation). They charge regulated prices for electricity and make their money through engaging in capital investments with a regulated rate of return. They don’t face competition. Consumer advocates habitually suspect utilities of padding out their investments and of maintaining excessive — if not corrupt — proximity to the regulators and politicians designated to oversee them, suspicions that have proved correct over and over again.
Environmental groups have joined this chorus, accusing utilities of slow-walking the energy transition and preferring investments in new, large gas plants and local transmission as opposed to renewables, demand response, and energy efficiency.
Add private equity to the mix and you have a recipe for the kind of controversy playing out in Minnesota over the proposed acquisition of the northern Minnesota utility Minnesota Power by Global Infrastructure Partners, an infrastructure investment firm acquired by BlackRock, and the Canada Pension Plan Investment Board, the investment manager for Canadian retirement savings.
The deal has attracted activist opposition from environmental groups like the Sierra Club, consumer watchdogs in Minnesota, as well as national policy groups critical of both utilities and private equity. It’s also happening in a moment when utility ratemaking has come under increasing scrutiny on account of rising electricity prices.
Utilities across the countries have requested $29 billion of dollars in rate increases so far this year, according to PowerLines, the electricity policy research group, while as of May, retail electricity prices were climbing at twice the rate of inflation. Utilities earn regulated rates of return on capital projects, and with data centers and artificial intelligence driving up demand for new electricity, investors are eyeing utilities as potential cash cows. The Dow Jones Utilities index has even slightly outperformed the market so far this year.
Global Infrastructure Partners announced that it had agreed to buy the northern Minnesota utility Minnesota Power’s parent company, Allete, for over $6 billion million last May, and the deal has been working its way through the utilities regulatory process ever since. In July, the Minnesota Department of Commerce reached a settlement with the company and its potential buyers that, among other provisions, agreed to a rate freeze and a reduction in the return on capital investment the new owners will be to earn.
While the companies were able to win the support of one part of the Minnesota governmental apparatus, another one harshly condemned the deal. Following the settlement announcement, administrative law judge Megan McKenzie recommended that the Minnesota Public Utilities Commission ultimately reject the deal. The judge’s recommendation is non-binding, but it is a comprehensive review of the evidence and arguments made by supporters and opponents of the deal that could have sway over the commission’s final decision.
The judge’s recommendation largely echoed the case advocates had been making against the merger. The opinion was laced with criticisms of private equity as such, arguing that the new owners would “pursue profit in excess of public markets through company control.” Ultimately, McKenzie concluded that “this transaction carries real and significant costs and risks to Minnesota ratepayers and few, if any, benefits. Accordingly, the proposed Acquisition is not in the public interest.”
The Minnesota Public Utilities Commission is expected to make a final decision in September. In the meantime, advocates on either side are continuing to press their arguments.
Citing the administrative law judge, Karlee Weinman, a research and communications manager at the Energy and Policy Institute, a frequent critic of utilities, told me that the advocate objections to the deal were twofold: One, that Minnesota Power might not be able (or willing) to finance its capital needs; and two, that as a private company, it will no longer be required to file documents with the Securities and Exchange Commission, removing a lever for ratepayer advocates.
The “layer of transparency” provided by SEC filings “is something that consumer advocates are finding valuable to help inform both their understanding of the utility and their advocacy on behalf of ratepayers,” Weinman told me. Or as a coalition of public interest groups argued more formally in a utility commission filing, “privatization of ALLETE and the discontinuation of ALLETE’s SEC reporting obligations would significantly reduce information about ALLETE that is available to the Commission and Minnesota ratepayers.”
Going private “would make it more difficult for Minnesota regulators like our commission to monitor the board’s decisions and hold the company accountable to state law, but also to the public,” Jenna Yeakle, a campaign manager at the Sierra Club and resident of Duluth, told me.
“We do not have a choice where our electricity comes from,” she said. “We are the most impacted by Minnesota Power’s choices and the decisions made at the state and federal level when it comes to our electrical utility, because we don’t get a choice in the matter.”
Unions, on the other hand, often play well with utilities, using their regulated status to ensure good jobs for their members. Construction unions especially are big fans of big capital projects, which means more construction jobs.
One of those unions is the LIUNA Minnesota & North Dakota, an affiliate of the Laborers' International Union of North America, the construction workers union. “We just want the utility to work, the utility works well for us, they use union labor, they build projects, they create jobs,” Kevin Pranis, its marketing manager, told me.
Pranis was especially skeptical of opponents’ arguments that changing the investor in an investor-owned utility would make a huge difference in terms of how it conducted itself in front of the Public Utilities Commission. “There’s this bizarre fan fiction that has developed around publicly traded stocks, that somehow they are transparent,” he said. Corporate filings rarely, if ever have the kind of information ratepayers and their advocates need in rate cases, Pranis argued.
“The Securities Exchange Commission doesn’t care about ratepayers. The New York Stock Exchange doesn’t care about ratepayers. Those regulations don’t serve ratepayers in any way. They serve investors to know what you’re investing in.”
The environmental arguments also go in the other direction. One supporter of the deal, former Loans Program Office chief Jigar Shah, wrote in Utility Dive that “to fully decarbonize its electricity sales and keep pace with rising demand, Minnesota Power must navigate an increasingly complex and capital-intensive landscape.”
“What Minnesota Power needs is long-term vision and stable capital,” he continued, which is “precisely what this private investment offers. That’s the only way to do the big things required to serve its communities, especially when federal energy rhetoric doesn’t always align with real on-the-ground needs.”
Minnesota law mandates that the state reach 100% carbon-free electricity by 2040, which supporters of the deal have said justifies allowing Minnesota Power to be owned by deep-pocketed investors.
Two clean energy groups, the Center for Energy and Environment and Clean Energy Economy Minnesota, wrote in a filing that meeting that goal would require “significant and unprecedented investment,” and that “although the exact investment levels needed may be uncertain or disputed by parties, the scope of investment needed is clear, and the Acquisition makes that level of capital available to Minnesota Power today.”
LIUNA pressed the point more forcefully in another filing, arguing that opponents of the deal “have dangerously underestimated the threat posed by a lack of ready capital to undertake historic investments,” and that they were “whistling past the graveyard.”
Minnesota Power and its proposed buyers, for their part, have argued in a that Allete requires “more than $1 billion in new equity to fund its expected investment requirements over the next five years,” including to comply with the emissions requirements, and pointed out that “in the Company’s 75-year history in publicly traded markets, the Company has raised $1.3 billion in equity.”
Judge McKenzie disagreed in her opinion, arguing that capital commitments weren’t enforceable and echoing the public interest groups in saying that Minnesota Power had told its investors that it was able to access capital markets when it needed to. The company and its investors have argued this was conditional on its ability to find a buyer, and that “further analysis to identify its approach to comply with the Carbon Free Standard” showed the investment need.
Judge McKenzie also got to the heart of recent debates around data centers and grid management, arguing that the planned investments in new generation and transmission weren’t truly necessary to meet the legally mandated emissions standard. “ALLETE could reduce capital needs by making greater use of power purchase agreements (PPAs) to reduce capital spending on self-built generation. Greater use of demand response, energy efficiency measures, and grid-enhancing technologies could also reduce the need for capital spending on generation,” she wrote.
Ultimately, how Minnesota Power conducts itself — the projects it engages in, the rates it charges consumers and industrial customers — will be up to the Minnesota Public Utilities Commission and the state legislature, whether it’s owned by public investors or infrastructure and pension funds.
“None of those changes will affect the Commission’s authority, process, or obligation to regulate Minnesota Power’s actions,” the two clean energy groups wrote in a filing. Utility regulation will continue to be a challenge, but the investors may not matter as much as the utility.
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1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.
2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.
3. Pulaski County, Arkansas – Entergy has dropped the lawsuit it filed against an Arkansas newspaper over the publication of a power deal with Google.
4. Darlington County, South Carolina – We conclude this week’s Hotspots with a focus on a GOP-leaning county rejecting a renewables moratorium.
A conversation with Sam Lyman of the Bitcoin Policy Institute.
This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.
I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.
Let’s start with the data center dividend proposal. Walk my readers through it.
Data center dividends came from the idea that, ideally in the AI revolution, we want all Americans to benefit. Especially rural Americans. You look at the landscape today, the majority of AI data centers are being built in rural America. It’s critical they’ll benefit from the massive wealth AI will unlock.
There’s lots of ways to make that happen. People point to the jobs AI data centers will build out, for example. But with data center dividends, we take the logic of the Alaska Permanent Fund and we apply it to America’s rural counties, which are sitting on a proverbial gold mine right now but lack any kind of public mechanism allowing them to benefit from that in a maximal way.
If you look at the tax revenue these data centers create, which is astronomical, how do we distribute this tax revenue in a way where it has the most tangible impact on the families living there? We believe data center dividends are the best way to do that – after allocating money for schools, public safety, and infrastructure, it allows these counties with tens of millions of dollars left over to distribute them as they see fit. They should distribute that money to the men and women who make those data centers happen in the first place.
The most effective form of a dividend would take a direct payment: a cash payment, a physical check, a direct deposit. Or the form of credits paying back property taxes, utility bills, an endowment for scholarships. There’s a number of different forms this can take.
Hopefully this gets the conversation going about how we can make these work for everybody.
Who do you want to see set up this dividend mechanism? How’s your approach to implementation?
The report is addressed to county commissioners. I’m thinking of commissioners who represent both sides of the political spectrum facing this huge backlash. Many of them want to do good by their communities and their voters, even if it means doing a data center, in places where it’s difficult to explain right now. Dividends make this indisputably clear.
I tried to put myself in the shoes of an enterprising county commissioner who sees the merits in the data center buildout and wants to break out of the political storm. It’s important to note data centers can be a huge economic boon for communities, in ways that can impact lives positively.
Have any communities – counties, as you noted – taken this idea up yet? Are there any models for this proposal?
The best analogue is West Feliciana, Louisiana, which is the case study we feature. West Feliciana made an agreement with a data center developer where in lieu of taxes, they make direct payments of about $90 million a year to the parish. That triples the community’s tax budget every year. It leaves ample room not only for essential services but dividends afterwards. Louisiana then passed a law – Act 434 – that allowed West Feliciana to remit some of those payments to residents as a tax credit. This bill first provided the opportunity for the parish to even remit those payments as cash, but it was changed in the legislature to make it a credit. That’s the closest we’ve gotten so far.
As far as reaching out to individual counties, we’re a think tank. We put ideas into the universe. We haven’t had anyone reach out to us since the publication of the report so far but we’re hoping they will.
Your report does lay out how there’s a bottleneck in development and this could help with easing it. Do you see an impetus to put ideas like the dividend out there right now, in light of the increased data center scrutiny in this year’s midterms?
Our publication is irrespective of the midterms. But it is tied to the fact that a bottleneck facing the data center buildout includes it becoming a politicized issue. We’re of the belief these projects shouldn't be political at all. One way to break through the noise is by showing how they can benefit those involved in construction and residents who live there. Data centers are critical infrastructure; other forms of critical infrastructure aren’t being politicized. Our efforts are to demonstrate how these shouldn’t be political.
When it comes to the future of AI data center regulation, this proposal is obviously geared towards incentivizing a resolution to the bottleneck through using resources produced from data centers – namely, new investment.
Where does your organization stand on the increased push for environmental or siting regulation on AI data centers?
I’m not familiar with what you might be referring to there.
I mean, there’s all kinds of proposals at the federal level and in states for everything from being required to pay for infrastructure upgrades to being required to use closed-loop cooling to siting restrictions, like temporary moratoria.
What I’m asking is, what else do you as an organization believe when it comes to regulating AI data center development at the federal level? State level?
We believe data centers should work for the communities where they’re being built. That’s important. So the concept of BYOP – Bring Your Own Power – we very much support that idea. We think the Ratepayer Protection Pledge is a great proposal because ultimately we want data centers, with them being critical infrastructure, to not only strengthen our national security but strengthen the communities where they’re being built.
Some states are rejecting data centers. We think that’s a mistake because it's something that’ll ultimately short-change the people who live there. For the states that do decide to build data centers, it's up to them what regulations make data centers more sustainable over time.
There’s increased public discussion for policy on AI development – as an organization, do you see any role in the federal government making policy here with a national data center law?
We think AI will be key to America’s prosperity over the long-term. We have concerns about the regulation of open-source artificial intelligence; bitcoin is a form of open-source software and open-source money. We believe intelligence should be something available to all Americans. That’s our concern with talk about regulating AI right now, it feels like a ploy for regulatory capture.
But what about national policy on AI data centers? Does your think tank support the national legislature doing a federal data center bill or is that something best for localities or states?
It depends on the bill. Are you talking about Sen. Bernie Sanders’ national moratorium?
With a permitting deal seemingly on the horizon, Republican Gabe Evans and Democrat Scott Peters may be about to see their partnership pay off.
The fate of permitting reform legislation that could smooth the way to all kinds of new and improved energy infrastructure — including transmission lines and renewables — is currently hostage to opaque discussions between Senate committee chairs. Rhode Island Senator Sheldon Whitehouse, the Democratic ranking member of the Senate Environment and Public Works Committee, told a Rhode Island business group earlier this week that “we’re actually in a pretty good place on permitting reform,” and that there was “maybe another week of negotiations.” Whitehouse’s Republican counterpart on the EPW committee, West Virginia Senator Shelly Moore-Capito, told Semafor on Friday that any bill has “got to pop out of here in the next 48 hours.”
If that’s going to happen, it will be because Republicans and Democrats have decided it’s worth it to get along. Any deal will eventually have to be voted on by the House, which has already produced several bills on a bipartisan basis, and even passed one — the SPEED Act — late last year.
Two of the busier House members on this issue are Scott Peters, a Democratic former environmental lawyer from San Diego, and Gabe Evans, a first term Colorado Republican representing a suburban and rural district north of Denver that includes wind farms and crude oil production. “The district that I represent truly is an all of the above energy district,” Evans told me.
Their latest effort is a bill aimed at smoothing out permitting for transmission development, especially interregional transmission. Last week, the two congressmen unveiled the CLEAR Act, seeking to apply a stricter set of standards for lawsuits against transmission projects that aligned with how natural gas and hydropower projects are treated under the Federal Power Act (it’s much harder to sue to stop these projects). Earlier this year, the two also sponsored the CERTAIN Act, a more comprehensive streamlining of federal permitting for energy infrastructure projects.
“We’re proud to have a lot of our work as the foundation for this, and I think if they send us over something that includes this, it’s got a really good chance of passing in the House,” Peters told me. Evans added that bringing forward bipartisan bills “gives a little bit more impetus to the Senate to know that the House is looking for these things.”
While the Senate’s deal will be up to the senators, Peters told me he envisions a broad permitting package that could include reforms to the National Environmental Policy Act to shorten permitting timelines, preventing the president from nixing individual projects, and reform Section 401 of the Clean Water Act which effectively devolves power to tribes and states to block a variety of interstate projects. “I think it’s coming together pretty well,” Peters said. “Obviously, we’re waiting for white smoke from the Senate.”
A permitting reform package may be one of the last major bills several bipartisan-minded House members get to vote on.
Election day is about six weeks off, and while Peters will likely have an easy time getting reelected for this eighth term, Evans is in a tough race. His purple-hued district is a target for the House Democratic campaign arm, which is hoping to flip it to former Colorado House of Representatives member Manny Rutinel, who worked as a lawyer at the environmental group Earthjustice. The Cook Political Report rates the race as toss-up, and Nate Silver gives Rutinel a roughly 75% to win.
But Rutinel won’t be getting any campaign help from Peters.
When I asked Peters about the timing of releasing a bill that could boost an endangered Republican’s bipartisan bona fides less than two months before an election, Peters told me that he and Evans had been working on it “for a while,” and that “my colleagues know that I’ve worked with Republicans to get problems solved.”
He said he wasn’t “participating in Gabe’s election” and wasn’t giving any money to his campaign, but also that he wouldn’t campaign Evans’ challenger, despite the opportunity to bolster his own caucus.
Peters is not shy about praising Evans. “What I appreciate about Gabe is that it takes a little bit of initiative to separate yourself from the majority — particularly when you’re in the trifecta — and do your own thing. He’s been a good partner in helping find ways to reduce process and make things go faster,” he told me.
Evans told me that he and Peters met early in this Congress, as Evans was getting settled into his new office in the Longworth building. “We’ve built the relationship over the last two years with a lot of the different areas that we’ve collaborated on.”
“I always try to meet the members of my committee and find out who will work with me. And I was fortunate to find Gabe,” Peters said.
“I do want to win the majority in the next Congress,” Peters went on, but “the norm should be that we figure out ways to work together to solve problems, and, you know, we’ll let the voters of Colorado 8 decide who to send me.”
Evans, for his part, told me that he had to work with Democrats to get anything passed as a member of a minuscule Republican minority in the Colorado statehouse, and that the 40-plus members of the bipartisan Problem Solvers Caucus have agreed not to campaign against each other. “There’s 385 other members that you can go pick fights with,” he said.