You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
Pennsylvania Governor Josh Shapiro and Berkshire Hathaway CEO Greg Abel agree: The “regulatory compact” is breaking down.

What are utilities anyway? And what are they supposed to do? Elected officials, regulators, utility executives, and scholars are asking fundamental questions about the so-called “regulatory compact” that has governed electric utilities for — depending on who you ask — decades or a century.
Two events in the past week crystallized the moment of transition electric utilities find themselves in.
In Pennsylvania, Governor Josh Shapiro, wrote a letter to the state’s utilities (including water and gas), telling them that “the 20th century utility model is broken,” citing “markedly higher utility costs” and “rising utility bills” which he claimed were in part the “result from your policy and fiscal decisions, including the excessive rate requests several utilities have sought in recent years.”
And over the weekend at the Berkshire Hathaway annual meeting, its new chief executive Greg Abel, who came up in the conglomerate through its energy division, was also speculating that utilities may be at a precipice. “What’s the challenge? It’s the regulatory compact,” Abel said at the company’s annual meeting.
The way he explained the utility business, “We leave your capital, our owner's capital, Berkshire’s capital, in these businesses, and often a portion of the earnings that they generate, we may reinvest back into those businesses. And for that, we get a very specific set of returns. And, over the long run, it’s been a very balanced and fair return,” Abel said, referring to the setup where utilities make investments approved by state regulators for which they receive a regulated return on their capital. “That model has worked very good for a number of years,” Abel said.
But, he cautioned, that model is becoming “more stressed.”
The dilemma, Abel said, was that utilities’ have high investment needs, including from replacing existing assets, while state regulators and governors want to keep rates as low as possible. “If we don’t see that balance, we don’t deploy our capital back into those businesses or into those utilities.”
The Berkshire Hathaway-owned utility PacifiCorp, which operates in the Western United States, has been challenged by high legal claims stemming from wildfires, especially in Oregon, and has been seeking to get legislation passed in a number of states to limit wildfire liability.
Earlier this year, it agreed to sell almost $2 billion worth of assets in Washington state, citing “diverging policies among the six states PacifiCorp serves [that] have created extraordinary pressure, affecting the company’s ability to meet demand reliably and at the lowest cost to customers.”
The utility was threatened with credit downgrades following large jury awards stemming from wildfire claims in Oregon. Washington is also a state with an aggressive decarbonization timeline and mechanisms that PacifiCorp has chafed against, claiming they would raise costs for its customers in other states.
Americans everywhere are angry about electricity costs but utilities think too much is being demanded of them to profitably run their businesses.
In the West, those high costs stem from wildfire-related damages that existentially threaten utilities. (PG&E in California even went bankrupt over wildfire liability.)
On the East Coast, electricity costs are rising in part due to data center construction and the structure of PJM, the 13-state electricity market that runs from Washington, D.C., to Chicago. Here, elected officials are angry at utilities for skyrocketing costs while those who manage the electricity market say that the real issue is regulatory barriers to bringing on the new generation they think they need (i.e. gas).
In both cases, the “regulatory compact” — utility investment in exchange for regulated rates that allow future investment — is seen as under threat.
Where Greg Abel sees the model endangered by uncapped liability and decarbonization mandates, Shapiro sees the threat in higher costs to consumers. Over the past five years, electricity prices in Pennsylvania have risen 47% while average bills have grown 49%, from $116 per month to $169, according to the Heatmap-MIT Electricity Price Hub.
“We can no longer simply prioritize corporate profitability to drive infrastructure development,” Shapiro wrote in his letter.
The commonwealth’s government has been doing more than just writing letters. The utility PECO Energy, a subsidiary of Exelon that serves the Philadelphia area, withdrew a recent rate case in April asking for over $500 million worth of electricity and gas rate hikes. The Governor’s office didn’t just claim credit for the pulled rate case, it announced it, with Shapiro saying in a statement, “PECO’s proposed rate case would have increased Pennsylvanians’ utility bills, but I demanded that their CEO put customers first and withdraw their rate hike request.”
Now Shapiro wants more fundamental reforms to how utilities operate in the state, including asking the utilities to fund themselves more by borrowing money, including from the federal government through Department of Energy programs.
“Consumers should not be expected to bolster corporate profits through over reliance on costly equity,” Shapiro said in his letter, and asked that utilities fund themselves with a “clear majority” of borrowed money.
Utilities have high investment needs. They finance these with a mix of debt (borrowed money) and equity (shares it sells to investors). They then gets a regulated return on the equity portion of its total approved capital investments, known as its “rate base.” That return on equity is recovered through ratepayers’ bills.
Berkshire Hathaway’s Abel argues that if the utility business becomes less appealing to investors, there will be less investment. But Shapiro thinks that there’s a lower cost way to finance utility investment, money borrowed from investors, i.e. debt. His approach rhymes with other utility reformer ideas around lowering the return on equity that utilities ask for in their rate cases, often around 10%.
“The average Pennsylvania utility requested a return on equity a staggering 682 basis points above the 10-year U.S. Treasury yield last year. Before raising such expensive equity, you should take advantage of more affordable sources of capital,” Shapiro wrote.
For the equity utilities do fund themselves with, Shapiro writes, those returns must be “transparent” and “justifiable,” and no longer be based on “educated guesses.” He instead proposed a market process to determine a fair return based on “competitive bidding by multiple participants to establish a fair market cost of that equity” or setting one by a combination of returns on government debt and a measure of the returns stocks get over debt on average.
Shapiro’s proposal could take down Pennsylvania utilities’ return on equity down to the “high 8%s” according to Jefferies analyst Julien Dumoulin-Smith. In the now-withdrawn PECO rate case, the requested ROE was almost 11%. (Other utility reform advocates have called for pulling ROEs down to around 6%.)
As a result, Dumoulin-Smith argues, Pennsylvania utilities “could see authorized ROE trends well below peers in prospective rate cases,” which will mean “gradual capital expenditure reductions to align with the new reality,” i.e. less investments by utilities in new transmission and distribution lines, substations, and other grid infrastructure even as demand increases.
This gets to the crux of utility regulation at a time of public anger at ballooning prices: how will utilities be able to revamp an aging grid, prepare for electrification of home heating and transportation, build news transmission for new renewable resources, and build out the grid infrastructure necessary for the data center boom? And what about that wildfire liability? All while making a fair return for investors that passes musters with regulators, elected officials, and voters?
The answer many have come up with is to transform the “regulatory compact.” This can mean, as some scholars have proposed, not offering firm service to all new customers. It can mean getting data center developers and their customers to specifically pay for grid upgrades.
In the case of wildfire liability, the California Public Utility Commission has declared that the set-up of the modern regulatory compact in the Golden State, with utilities required to serve all customers in the state (including in severe fire hazard areas) and then be liable for damages that get passed on to ratepayers, is “unsustainable.”
“Our existing system places outsized and unsustainable burdens on utilities and utility ratepayers to mitigate the risks of wildfires and pay for wildfire damages,” the CPUC wrote in a report mandated by a recent wildfire bill. This translates to higher borrowing and cost of equity for utilities, as well as higher rates.
The CPUC recommended a version of opening up the compact, arguing that the state “should consider funding a portion of utility wildfire mitigation from non-ratepayer sources,” including the state’s general fund (i.e. taxpayers). This echoes Shapiro’s proposal to have the state fund itself with cheaper public equity.
“Public debt is typically cheaper than private credit,” Josh Macey, a professor at Yale Law School, told me.
Another approach is to limit what utilities owe, thus ensuring that they can maintain reasonable returns and stay in business in the states they operate in.
In Utah, Berkshire Hathaway was able to win liability limitations for wildfires, including time limits on claims, the ability to use ratepayer dollars for wildfire mitigation plans, and limiting utility liability from wildfire claims if they comply with wildfire mitigation plans, a model it has tried to export to other states PacifiCorp operates in.
But do all these challenges to utilities represent the end of the “regulatory compact,” as Abel might put it?
For Abel, he claims that changes (or lack thereof) in state law have led to Berkshire’s exiting Washington and potentially other states. In Pennsylvania, analysts claim that changes to the debt-equity mix could mean fewer capital investments. In California, state regulators think utilities are being asked to do too much.
But will these utility reforms mean the death of the utility model itself? Maybe not — after all, PacifiCorp was able to sell its Washington assets to another utility.
The compact is “a kind of political intuition that if we’re asking them to provide low cost, consistent service, we have to give them a real right to kind of recover the costs and earn a steady profit,” Macey said. “It’s hard for me to imagine how that could break down, because if you really see a state not allow a utility to have some chance of doing good business in the state, the utility will not be able to attract capital, and as a political matter, the state will not be able follow through with that.”
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
On green steel, Europe’s gas problem, and America’s withering onshore wind
Current conditions: Drenching storms are heading for the East Coast tonight, especially in the South • The storms barreling through the Pacific, including the now-Category 4 Hurricane Lowell, are unlikely to make landfall or do much beyond stir up the surf in parts of Hawaii and California • Further west across the ocean, Typhoon Krovanh is hammering Japan’s Amami Islands with rain.
The breakneck speed of China’s deployments of solar panels, wind turbines, and nuclear reactors has done much to curb its emissions, even as the People’s Republic remains heavily reliant on coal. But Beijing’s effort to weather the shock of losing steady access to oil and gas out of the Persian Gulf is paying off as the country accelerates its transition away from hydrocarbons to alternative fuels and electrification. Last month, I told you when Sinopec’s chief executive predicted that China’s demand for oil had already peaked. Now a new report shows that China’s emissions dropped by 1% in the second quarter of 2026 as a result of plummeting oil consumption amid the Strait of Hormuz crisis. Analysis from the Centre for Research on Energy and Clean Air, a Helsinki-based research nonprofit that tracks China’s energy transition, produced for Carbon Brief found that China’s total carbon dioxide emissions fell despite a rebound in coal-fired power generation because oil dropped by 9% overall and by a whopping 16% for transportation. It’s the first time a reduction in oil consumption was directly responsible for falling emissions in China. And the country is likely to see further emissions drops. After all, Chinese technology essentially “saved the world from Trump’s energy crisis,” as my colleague Robinson Meyer teased out in a recent Shift Key episode.

Thanks to the Trump administration’s recent wrangling, the $500 million the Biden administration had given steelmaker Cleveland-Cliffs to upgrade its facility in Ohio to produce steel with a cleaner, electricity-based method is now going to refurbishing the coal-fired blast furnaces at the facility, instead. That made Hyundai’s plans for a hydrogen-powered steel plant in southern Louisiana the flagship green steel project in the nation. Later today, it’s finally breaking ground. Canary Media reported that the South Korean automotive and industrial giant will hold a ceremony Friday to mark the start of construction on the project, which is set to come online by 2029. At first, the project is set to run on hydrogen made from natural gas. But by the early 2030s, Hyundai has laid plans to switch to hydrogen made by electrolysis using clean electricity and produced locally.
Meanwhile, Posco, one of South Korea’s dedicated steel giants, is experimenting with hydrogen-based steel production using iron ore from Australia, the latest sign that the East Asian nation is leaning into green H2, according to Hydrogen Insight.
In 2021, western Europe suffered what the Germans call a dunkelflaute, or “dark doldrums,” when expected wind simply doesn’t blow. As a result, wind turbines produced less electricity, and Europeans tapped natural gas stores to generate power, draining supplies ahead of winter. That left the European Union particularly vulnerable to energy shocks when Russia invaded Ukraine the following February. Once again we find ourselves in a situation where America’s spy chief is going to Moscow to reportedly dissuade the Kremlin from launching an attack on a Western ally and Europe’s gas stocks are way down. On Thursday, the head of the industry group Gas Infrastructure Europe told the Financial Times that natural gas stores are at a record low for this time of year. “If we are faced with a compound shock, this is going to be problematic,” said Lucie Boost, the head of the trade association.
Meanwhile, Russia’s ballooning gas crisis, brought on by Ukrainian attacks on refineries, is hurting another American ally. Mongolia, the splotch of democratic blue in the middle of authoritarian red Asia on the Freedom House Index map, is heavily dependent on Russia for fuel and energy. Fuel prices have nearly doubled since the spring, Reuters reported. In the U.S., diesel prices reached an all-time high on Thursday of $5.82 per gallon, surpassing by a 10th of a cent the previous high set in June 2022. “My routine now starts with checking the overnight wires to see if there were any drone strikes on refineries,” Gulf Oil energy advisor Tom Kloza told my colleague Matthew Zeitlin. “That’s what this business has come down to.”
Sign up to receive Heatmap AM in your inbox every morning:
The U.S. added nearly 5 gigawatts of onshore wind turbines in the second quarter of 2026, but the projects in the pipeline are dwindling by 4%, according to a new American Clean Power Association report. At least 44 gigawatts are “stuck” in the Department of Defense’s review process, though a judge recently ordered the Trump administration to restart processing applications after a prolonged pause. “Time will tell how the Department of Defense reacts to that judgment, and whether or not they start to process those wind projects in the same way that we saw them do before a lot of these actions were implemented,” John Hensley, senior vice president of markets and policy analysis at ACP, told Utility Dive. “If that is the case, then I think there is a large volume of projects sitting behind that bottleneck.”
India’s solar sector has boomed in recent years, especially as the U.S. and Europe went looking for alternate suppliers to China. While the country still has a way to go to build out its capacity for upstream components such as cells and wafers, India’s module manufacturing output has reached 233 gigawatts, with factories operating at most 45% of the time as demand fails to match the maximum potential output, PV Tech reported.
California’s biggest experiment in virtual power plants is progressing. Pacific Gas & Electric announced a first-of-its-kind VPP deal with Google, Tesla, Sunrun, and others coordinating networks of solar panels, batteries, and smart devices in the Bay Area. “This is about delivering power at the speed our economy demands—while improving affordability and reliability for the people we serve,” Chelle Izzi, PG&E’s chief commercial officer, said in a statement.
The August Electricity Price Hub data is in.
It’s another hot and expensive summer.
Across the country, average household electricity bills are up 2.7% in the first eight months of the year, according to the latest update to Heatmap and MIT’s Electricity Price Hub, tacking on $4 per month to the typical bill. This level of rise is consistent with the pace set in 2024 and 2025, but faster than 2021 and 2023.
As we’ve discussed before, some of the fastest growth in prices comes either in the Atlantic Seaboard — with Washington, D.C., Virginia, and New Jersey all having year over year growth rates of at least 7.5% — thanks largely to increased demand and capacity payments in the PJM Interconnection marketplace. Another standout so far this year is Hawaii, which is uniquely dependent on imported oil to power its grid and has seen its 12-month trailing average prices rise by over 8% so far this year.
California, which is well known for seeing especially sharp price increases in recent years largely due to wildfire-related costs, has seen somewhat restrained bill growth so far this year across the state, with the 12-month-rolling average bill rising just 3% in the past 12 months and prices going up 4%. (That price level is still quite high, however, at almost 32 cents per kilowatt-hour, compared to a national average of around 19.)
Rates charged by Southern California Edison, one of the state’s big three investor-owned utilities, are up almost 15% in the past year, averaged across its baseline regions. The MIT researchers attribute this increase to two major factors: one, a decrease in the California Climate Credit, which is paid out to electricity customers from the state’s emissions cap-and-invest program. This year, the credit for Southern California Edison ratepayers is $72, applied to bills in July and August in tranches of $36. Last year, by contrast, Southern California Edison handed out $112 in two tranches, April and October.
The second factor in Southern California Edison’s inflated bills is an increase in the fixed charge portion of the bills ratepayers receive. Following changes in California state law designed to distribute the cost of the grid more equitably, SCE revamped its rate structure at the end of last year to include a “Base Services Charge” of $24 per month for customers not enrolled in any special rate program. At the same time, SCE instituted a roughly 10% decrease in its per-kilowatt-hour electricity rate in order to protect lower-income ratepayers (who would pay a fixed charge substantially lower than the baseline $24). PG&E moved to a similar system earlier this year.
When it introduced the new rates in November of last year, SCE said that “medium energy users” would likely see little change in their bills. Price Hub data suggests, however, that the typical household has seen a bill increase from the new service charge of 13%, even before accounting for the smaller climate credit.
A new policy proposal argues that large load tariffs on their own aren’t enough.
Earlier this year, I attempted to draw up a web diagram about energy affordability. My head was spinning from reading social media threads of experts arguing over the reasons electricity rates were so high, the best strategies to lower them, and how the data center explosion fit into the picture. I wanted to see all of the ideas laid out in one place. Here’s what I sketched out at the time:

That was in March. Looking back at it now, a few things stand out. Of course, Washington hasn't gotten anywhere meaningful yet on permitting reform. Also, the BYOP, or “bring your own power,” idea has in some cases become a justification to build huge off-grid natural gas power plants. Amazon, for example, defended backing what may become the largest fossil fuel plant in the country by saying that it “believes in paying the full costs of powering our operations,” and that the Texas data center project is “powered by new on-site generation that won’t raise electricity costs for Texas families.”
On the other hand, there have been some promising developments in deploying virtual power plants and “grid edge” technologies like rooftop solar, to the benefit of both tech companies and regular folks. In July, New Jersey passed a law to incentivize data center developers to fund virtual power plants that can create more capacity on the grid. The program could ultimately help residential customers get solar panels and batteries, which would bring down their energy bills. Just today, Google announced a partnership with the California utility PG&E to offer residential customers discounts on heat pumps combined with battery energy storage in Alameda and Santa Clara counties. The first 25 homeowners to sign up will get $10,000 off; after that the discount is $5,000.
Get Heatmap Daily in your inbox.
One strategy I didn’t jot down back in March was the “large load tariff.” This is when utility regulators create a new electricity rate class for large energy users that helps isolate the costs of serving these customers. A growing number of states have gone one step further and developed data center-specific tariffs, with requirements like charging data centers a minimum fee regardless of how much energy they use, and, in some cases, creating incentives for them to build new renewable energy projects.
A policy paper that came across my desk this week argues that this approach doesn’t go far enough. It says that states have an opportunity to fund the modernization of the electric grid by adding a surcharge on top of large load tariffs.
The paper is from the State Support Center, a nonprofit that provides clean energy policy recommendations and technical assistance to states. It was co-founded by Sam Ricketts, one of the founders of the climate group Evergreen Action and a significant voice in shaping the Inflation Reduction Act. Initially, the Center helped states figure out how to take advantage of all of the new federal funding that came out of that law. Now, like the rest of us, Ricketts is thinking about data centers.
“State policymakers are looking for ways to meet the load growth that is predominantly being driven by data centers,” he told me. “There hasn't been a thorough-enough discussion about capturing investments that large data center loads are making and using those revenues to drive investment into key barriers for the clean grid expansion that the electricity system in the U.S. now needs.”
Traditional large load tariffs are about cost assignment, Ricketts said: Regulators determine the cost of network and operational upgrades required to serve big customers and require utilities to pass those on directly rather than spreading them across the entire customer base. This is just the baseline of what data center developers should do to pay their “fair share,” though, Ricketts argued. Even if large load tariffs help cover the cost of new power plants, they don’t necessarily help solve the interconnection bottlenecks that are preventing generators — especially renewables — from joining the grid, for example.
By adding a simple per-megawatt surcharge to the rates data centers pay, states could raise revenue to accelerate interconnection. They could fund additional staff and invest in new software solutions to help move through the queue of projects waiting to connect faster. They could also put the money toward financing grid upgrades, such as installing grid-enhancing technologies that create more capacity on existing power lines. Alternatively, they could use the money to reward cities and towns for permitting projects more quickly, or to support siting and permitting at the state level, the paper suggests.
Ricketts told me that many state utility commissions have the power to do this today, and those that don’t would require just a simple bit of legislation to empower them. New York could become the first to adopt the idea. In June, Governor Kathy Hochul directed the state’s Department of Public Service to consider requiring data centers to invest in a “grid acceleration fund.”
Several states have already levied similar fees on data centers — they just haven’t dedicated the money toward grid upgrades. A new $0.01-per-kilowatt-hour surcharge on loads larger than 100 megawatts in Oregon will fund efficiency and distributed energy projects that reduce costs for residential customers. Virginia enacted a $0.011 per kilowatt-hour data center electricity consumption tax that will raise money for the state’s general fund. It’s expected to generate $600 million per year.
The paper doesn’t pitch the surcharge as a cure-all, nor does it touch the issue of public opposition or federal permitting obstacles. “The surcharge as envisioned and proposed here is pretty modest,” Ricketts told me. “It is trying to attend to a gap, which is like, hey, there's an opportunity here to capture reinvestment into the grid needs that are truly necessary.”