Overview
As demand from data centers and other high-impact loads continues to surge, regulatory and legislative activity is accelerating across the country. To help clients stay ahead of these developments, Steptoe has launched a Data Center Regulation Tracker, a dedicated resource monitoring regulatory and legislative actions affecting large loads, including data centers, across all 50 states. This alert highlights key updates from the tracker and recent federal filings.
State-Level Developments
Oregon
On October 30, 2025, Amazon Data Services (ADS) filed a formal complaint with the Oregon Public Utility Commission (Oregon PUC) in Docket No. UM 2410 against PacifiCorp d/b/a Pacific Power (PacifiCorp). ADS alleges that PacifiCorp failed to meet contractual obligations by not delivering promised power, imposing unauthorized charges, and refusing to finalize contracts for two additional data center campuses. ADS seeks an order compelling PacifiCorp to perform or reassign the service territory to a utility capable of serving the sites. Responses are due December 19, 2025.
Pennsylvania
On November 6, 2025, the Pennsylvania Public Utility Commission issued an order in Docket No. M-2025-3054271, requesting public comment on proposed guidelines for a model tariff applicable to Large Load Customers—defined as those with individual loads of 50 MW or aggregate loads of 100 MW or more. Key proposals include a five-year minimum contract term, an 80% minimum demand charge, a six-month timeline for interconnection studies, and annual contributions to a hardship fund. Comments are due December 5, 2025.
Michigan
On October 31, 2025, DTE Electric filed with the Michigan Public Service Commission in Case No. U-21990 for special contracts with an Oracle subsidiary to serve a 1.4 GW data center. The Primary Supply Agreement spans approximately 19 years and includes enhanced financial protections and a minimum billing demand requirement. The Energy Storage Agreement allows DTE to construct up to 1.4 GW of energy storage, fully funded by the customer. DTE asserts the contracts will not increase rates for other customers and will support compliance with Michigan’s Renewable Portfolio Standard.
Kansas
The Kansas Corporation Commission unanimously approved a settlement in Docket 25-EKME-315-TAR, authorizing Evergy to implement a Large Load Power Service tariff. The tariff applies to customers with loads of 75 MW or more per month and includes a minimum 12-year contract term, an optional five-year ramp-up period and collateral requirements covering two years of minimum bills. The tariff permits Customers to reduce capacity once after an initial five-year term, but by no more than 25%. The tariff additionally sets out that participation in renewable energy programs is optional but comes with additional costs.
Federal-Level Developments
The Steptoe Data Center Regulatory Tracker is focused on developments at the state level. In addition, the Steptoe Data Centers group is also focused and working with clients on developments at the federal level. Below are recent developments regarding large loads and data centers at the federal level.
DOE Large Load ANOPR
The Department of Energy directed the Federal Energy Regulatory Commission (FERC) to issue an Advance Notice of Proposed Rulemaking (ANOPR) aimed at reforms for the interconnection of large loads—defined as those exceeding 20 MW—to the interstate transmission system. The Commission formally noticed the ANOPR in Docket No. RM26-4 and comments are due November 21, 2025. The ANOPR proposes a number of principles to guide reforms, including standardized procedures and faster studies for large load customers, a path to expedite the connection of customers with co-located generation, and the assignment of full cost responsibility for network upgrades to large load customers themselves.
NARUC Resolution
In response to the Large Load ANOPR, the National Association of Regulatory Utility Commissioners (NARUC), at its 2025 Annual Meeting, adopted a resolution urging FERC to preserve state jurisdiction over retail energy regulation in its large load interconnection rulemaking. The resolution underscores the importance of state authority under the Federal Power Act and calls for collaboration to ensure any final rule supports reliability, affordability, and equitable cost allocation.
Tri-State Large Load Filing
On October 27, 2025, FERC, in Docket No. ER25-3316, rejected Tri-State Generation and Transmission Association’s proposed High Impact Load Tariff and Agreement, finding that the proposal imposed retail service terms on end-use customers—outside FERC’s jurisdiction. The Commission declined to address other jurisdictional issues and emphasized that retail protections must be structured within the bounds of state authority.
SPP Large Load Process
Southwest Power Pool (SPP) proposed tariff revisions in Docket No. ER26-247 to facilitate the integration of High Impact Large Loads. The proposal includes a specialized study process and a new interconnection pathway for generation resources dedicated to serving these loads. SPP asserts that the reforms will enable faster deployment of AI-driven infrastructure while maintaining reliability and protecting other customers.
Click to view the Data Center Regulation Tracker.
For more updates, please visit the Data Center Regulation Tracker. Energy industry participants, including utilities, generation and real estate developers, and data centers and other large loads, will benefit from this information. Steptoe will continue to track developments and provide periodic updates.
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Steptoe will send subscribers periodic updates summarizing key developments.
