What's Happening in Energy highlights the most interesting findings from public utility commission filings.
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What's Happening in Energy highlights the most interesting findings from public utility commission filings.
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What's Happening in Energy — Sept 5
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Kicking off with a striking chart. In Texas, El Paso Electric has filed its Integrated Resource Plan (IRP) for the period 2025–2044. Notable: its New Mexico capacity need including its large load forecast.
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The Ohio Public Utilities Commission approved new rates two months ago for large loads (including data centers, naturally) with a monthly demand greater than 25 megawatts (MWs), and “mobile data centers” (including cryptocurrency miners) with a monthly maximum demand greater than 1MW.
The Data Center Coalition (DCC), Ohio Manufacturers’ Association Energy Group (OMAEG), One Power Company (OPC), Amazon Data Services (ADS), and the Ohio Blockchain Council (OBC) have now filed Applications for Rehearing. The large load intervenors argue that the tariffs proposed by AEP Ohio on October 23, 2024, the so-called “10-23 Stipulation,” unlawfully discriminate against specific types of customers and unjustly allocate fees and charges. Other arguments include that the review process was rushed and the moratorium imposed by AEP Ohio on new data center service was unlawful and based on flawed evidence regarding transmission constraints.
According to the Data Center Coalition, the Commission should have adopted the “10-10 Stipulation”:
Read the different stances taken below, the two stipulations, and the July 9 Commission Opinion and Order adopting the tariffs below.
- Docket profile
- OBC Application for Rehearing
- OPC Application for Rehearing
- OMAEG Application for Rehearing
- DCC Application for Rehearing
- ADS Application for Rehearing
- Commission Opinion and Order adopting the 10/23/24 Stipulation
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In Maryland, the Public Service Commission reviewed the latest SAIFI/SAIDI (System Average Interruption Frequency Index and System Average Interruption Duration Index) distribution reliability metrics from the annual performance reports of Baltimore Gas and Electric Company (“BGE”), Potomac Electric Power Company (“Pepco”), Delmarva Power & Light Company (“Delmarva”), The Potomac Edison Company (“Potomac Edison”), and Southern Maryland Electric Cooperative (“SMECO”). Of the five companies, only one, Potomac Edison, failed to achieve the standards for SAIFI/SAIDI codified in the Code of Maryland Regulations 20.50.12 (COMAR).
Potomac Edison proposed three key actions in its corrective action plan to improve its reliability scores. In addition to “installing additional reclosers and other automation devices” and utilizing a new battery energy storage system for backup power, the Company is proposing to enhance its “Substation Animal Mitigation” program to keep out the critters.
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PJM published materials ahead of its Special Educational Session on upcoming changes to its regulation market. The PJM Regulation Redesign Phase 1 will go live on October 1. Reforms include replacing the Reg Up and Reg Down signals with one bidirectional signal, reducing clearing intervals from 1-hour to 30-minutes, updating performance scoring, and changing the opportunity cost calculations to set regulation prices. Details:
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SPP meeting materials for the Sept 4 Special Board of Directors & Members Committee Meeting include updated peak load forecasts for Integrated Transmission Planning (ITP) processes. Today’s peak load is 56 gigawatts; the latest 2026 ITP forecasts 75 GW of peak load in 10 years for planned resources (and 105 GW “including uncommitted spot loads”).
Most of that load is in Oklahoma, which is the biggest current load, and is expected to grow the most in absolute terms. What caught our eye: in every state, most of the year 10 load is “expected to be in service by Year 2.”
- SPP meeting materials
- Bonus: Rao Konidena’s excellent blog post on the revisions to the “Conditional High Impact Large Load” (CHILL) and the “High Impact Large Load Generation Assessment Path 3” (HILLGA) processes
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In Colorado, commission staff and utility Black Hills jointly filed a partial settlement agreement for Black Hills’ 2025-2029 Distribution System Plan (DSP). The plan includes waivers for certain requirements (i.e. hosting capacity maps) due to cost-benefit concerns and reporting provisions for disproportionately impacted communities, and to not set a cap on how much the company can spend, or assume that spending above a certain amount is automatically unreasonable. Back in April, the Hearing Commissioner requested supplemental testimony regarding a Capital Spending Forecast through 2045.
Black Hills provided an initial and revised forecast.
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A multi-shot In Virginia, and Dominion’s ongoing rate case. Dominion proposed a new rate class for large power users, such as data centers. A counter plan by Amazon, CloudHQ, Data Center Coalition, Google, Iron Mountain, Microsoft, STACK Infrastructure, and Virginia Committee for Fair Utility Rates (i.e. the Joint High Load Proposal and Recommended Stipulation) would apply to new customers that come online starting in January 2026 with more than 50 megawatts. Here are three of the 11 counter-proposals:
Meanwhile, the Data Center Coalition presented their modified recommendations for alternative collateral to ensure data centers adequately share the risk if large loads do not materialize or remain in operation.
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Second shot in Virginia: Dominion requested a 10.4% return on equity (ROE) in its rate case. Virginia commission staff proposed a 9.8% ROE as a counter.
In a filing, Walmart includes a chart showing that if Dominion’s 10.4% return on equity (ROE) is approved by the Commission, it would receive the second-highest awarded ROE for vertically integrated utilities since the start of 2024.
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In Louisiana, multiple transcripts from mid-July hearings were filed in the docket regarding Entergy’s application for approval of transmission and generation projects to support Meta’s hyperscale data center in Richland parish.
In one of the transcripts, Randy Young of Louisiana Energy Users Group (LEUG) questioned Entergy representative Elizabeth Ingram on the utility’s “flexibility” in choosing how to allocate renewable resources procured for its Geaux ZERO tariff. At issue is if a customer in Group 3, Laidley (Meta), seeking 1,500 megawatts of subscriptions could have its subscriptions filled prior to customers in earlier Group 1 and 2.
MR. YOUNG: So let me ask it this way. Because, Judge, I just feel like I need to make sure this is clear on the record. So if the Commission accepts Entergy's proposal and Entergy's proposal goes forward, then what could happen under Entergy's proposal that has a flexibility in it, is that there could be -- Laidley could be receiving Group 3 resources, renewable resources, and having their subscriptions filled for those, before the Group 1 is fully filled? That could be the outcome under Entergy's proposal, right?
MR. DODSON: And, Your Honor, just -- the same objection.
JUDGE VERZWYVELT: Okay.
MR. YOUNG: I just need an answer, Judge.
JUDGE VERZWYVELT: You can answer the question.
MS. INGRAM: I believe I've already answered it.
JUDGE VERZWYVELT: Please answer the question.
MS. INGRAM: It may be possible that some Group 3 subscriptions or amounts are fulfilled before Group 1. It may be possible that Group 1 is filled before anything goes to Group 3. We have the flexibility under the order and the Geaux Zero tariff to determine what is appropriate and which timing works. And I would note that Group 1 has specific timing needs, too, and not all resources that come in, may fit their needs.”
Read more of the exchange in the 200+ page transcript.
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In Montana, the state is debating whether or not state law requires new large-load customers to obtain Commission approval before receiving electric supply service from utility NorthWestern. Both Talen and the Commissioners have weighed in, and the Commission has requested additional information.
