Key developments
FERC orders RTOs to justify data-center rules
FERC issued Section 206 orders to PJM, MISO, SPP, CAISO, ISO New England, and NYISO, giving each 60 days to justify existing tariffs for data centers and other large loads or file reforms. The orders target application and study processes, cost-shift prevention, transparency, co-location and behind-the-meter generation, flexible large-load services, and generation studies for co-located loads. Grid operators and transmission owners also must file 30-day reports on how they will ensure adequate generation for existing and new large loads.
Why it matters
The orders could reshape how hyperscale data centers obtain grid service and who pays for the transmission and generation capacity they require.
Sources & driving stories
DATACENTERDYNAMICS · Zachary Skidmore
Datacenterdynamics coverageAMERICAN ACTION FORUM
American Action Forum coverageLocal data-center controls spread across states
Charlotte approved a 150-day moratorium on new data center development after a crowded City Council meeting, while existing pipeline projects can continue under state law. Rowan County imposed a one-year moratorium, Salisbury added restrictions on size, noise and water use, and other North Carolina localities including Hillsborough, Orange County, Durham, Chatham County and Apex have taken or considered similar steps. In Montana, organizers in Butte-Silver Bow and Yellowstone counties are gathering signatures for November ballot measures requiring a special election and two-thirds voter approval before county approval of any data center construction or expansion.
Why it matters
Data center siting risk is increasingly shifting from state incentive policy to local moratoriums, ballot rules and infrastructure ordinances.
Sources & driving stories
THE CHARLOTTE POST · Lucas Thomae
The Charlotte Post coverageMONTANA FREE PRESS · Nick Mott
Montana Free Press coverageKUOW · Joshua McNichols
KUOW coverageOklahoma data-center secrecy agreements newly detailed
The Frontier reported that Oklahoma public officials signed confidentiality agreements with data center developers months, and sometimes more than a year, before projects were publicly announced. Coweta signed an NDA with IPI Management, later Beale Infrastructure, on May 20, 2024, before a June 22, 2025 announcement; Sand Springs City Manager Michael Carter signed one with Google on Oct. 8, 2025, before a Nov. 10, 2025 announcement. The reporting also identified NDAs in Yukon and Claremore and said some officials used one-on-one briefings or approved contracts and annexations without disclosing data center plans.
Why it matters
The revelations intensify scrutiny of whether public officials are limiting transparency on high-impact infrastructure decisions involving power, land and incentives.
Sources & driving stories
THE FRONTIER
The Frontier coverageWorth noting
WORTH NOTING
Michigan advances hyperscale rule package
Senate Democrats advanced bills that would cap hyperscale water use at 2 million gallons per day, require annual reporting from 2027, mandate 20-year utility contracts above 20 MW, require 90% renewable-powered buildings, and limit official nondisclosure agreements.
WORTH NOTING
Ohio water study narrows concern
An Ohio Chamber report found near-term aggregate water capacity can support data center growth, projecting 2030 data center use at 8% of human water consumption in central Ohio and 1% in the Cincinnati-Dayton region, while wastewater and watershed oversight remain contested.
WORTH NOTING
New study disputes bill-hike narrative
A new arXiv paper using instrumental variables estimates data centers modestly lowered average U.S. retail electricity rates from 2015 to 2024, though it warns future supply constraints could reverse the effect.
Still unclear
OPEN QUESTION
Will FERC reforms actually prevent cost shifting?
The 60-day tariff responses and 30-day reliability reports will determine whether large-load customers pay for the transmission, generation and study costs their projects create.
OPEN QUESTION
Are moratoriums becoming durable siting vetoes?
Charlotte, Seattle, North Carolina counties and Montana ballot initiatives show temporary pauses and voter-approval mechanisms could become structural constraints on project pipelines.
