Data Centers

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On June 18, 2026, the Federal Energy Regulatory Commission (“FERC”) issued six show cause orders under Section 206 of the Federal Power Act (“FPA”) to each of the country’s regional transmission operators (“RTOs”) and independent system organizations (“ISOs”), along with their transmission owners (collectively, the “Show Cause Orders”).  FERC issued the Show Cause Orders as an initial response to the Secretary of Energy’s October 2025 letter directing FERC to initiate an Advance Notice of Proposed Rulemaking (“ANOPR”) presenting potential reforms to ensure the timely and orderly interconnection or large loads to the transmission system.  The ANOPR docket, Docket No. RM26-4-000, generated more than 3,500 pages of public comments.  The Show Cause Orders also come on the heels of a series of FERC’s actions over the past year designed to address large load growth.  These actions include a December 2025 FERC order directing PJM Interconnection, L.L.C. (“PJM”) to adopt clear, transparent tariff rules for large energy users located at or near generation facilities, FERC’s January 2026 approval of Southwest Power Pool, Inc.’s (“SPP”) High Impact Large Load and High Impact Large Load Generation Assessment processes, as well as FERC’s June 2026 approval of SPP’s Conditional High Impact Large Load proposal.

On June 18, 2026, FERC accepted in part and rejected in part requests for rehearing of its December 18, 2025, order (December Order) directing PJM Interconnection, L.L.C. (PJM) to revise its Open Access Transmission Tariff (Tariff) to clarify and establish certain rates, terms, and conditions of service applicable to Interconnection…

On April 10, 2025, FERC addressed arguments on rehearing that clarified, but did not modify the outcome of, a November 1, 2024, order (“Rejection Order”) rejecting PJM Interconnection, L.L.C.’s (“PJM”) proposal to increase the co-located data center load at a Susquehanna Nuclear, LLC (“Susquehanna”) nuclear generating facility. FERC again found that PJM’s amended Interconnection Service Agreement’s (“ISA”) non-conforming provisions were not necessary deviations from the pro forma ISA. However, FERC did clarify that the Rejection Order did not prevent other entities from filing non-conforming ISAs to address issues relating to co-located data center load.

On February 20, 2025, FERC found that the PJM Interconnection, L.L.C. (“PJM”) Open Access Transmission Tariff (“OATT”) appears to be unjust and unreasonable because it does not address with clarity or consistency the rates, terms, and conditions of service that apply to co-location arrangements and therefore directed PJM to show cause as to why the OATT, the Amended and Restated Operating Agreement of PJM, and Reliability Assurance Agreement Among Load Serving Entities in the PJM region (collectively, “Tariffs”) are just and reasonable or explain what changes to the Tariffs would remedy FERC’s concerns regarding co-location arrangements.  In a separate order issued on February 20, 2025, FERC also rejected a proposal from certain Exelon transmission-owning utilities (“Exelon Companies”) to revise their transmission rate schedules attached to the PJM OATT to clarify that co-located load that is synchronized to the grid must be designated as network load or receive point-to-point transmission service.

On November 1, 2024, FERC Commissioners led a technical conference at their headquarters in Washington, DC, on issues pertaining to co-locating large loads at generating facilities. FERC Commissioners asked questions of individuals across the energy industry into how large loads, and data centers in particular, are impacting the grid and…

On November 1, 2024, the Federal Energy Regulatory Commission (“FERC”) rejected an amended Interconnection Service Agreement (“ISA”) filed by PJM Interconnection, L.L.C. (“PJM”) that proposed increasing the co-located data center load at a Susquehanna Nuclear, LLC (“Susquehanna”) nuclear generating facility. FERC held that PJM did not meet FERC’s “high burden”…

On September 10, 2024, FERC issued an Order denying two complaints.  The first complaint was filed on January 23, 2023 by Montana-Dakota Utilities Company (“MDU”) against Midcontinent Independent System Operator, Inc. (“MISO”) and Southwest Power Pool, Inc. (“SPP”).  The second complaint was filed on March 8, 2024 by MISO against…