FERC, state utility commissions, EU rules, and disclosure mandates shaping the buildout.
Chips and capital are no longer the binding constraint on the AI buildout. Firm power is. Here is how developers are closing the gap between now and 2032, and what each option costs in carbon.
Every hyperscaler matches 100% of its electricity with renewables, and every one of them reported higher emissions this year. The rules behind that paradox are being rewritten. Here is the standard we think the industry should hold itself to.
On Oct. 9, 2026, FERC rejected most of PJM's plan for connecting data centers and other large loads, including the Interim Resource Adequacy Service (IRAS) and "bring your own new capacity" rules. FERC said IRAS provisions appear to intrude on state jurisdiction over retail rates and to discriminate against large loads. FERC approved PJM's definition of large loads and a large load registry that would record a facility's location, ramp schedule and capacity supply.
Why it matters: Developers planning data centers in PJM territory should expect curtailment priorities to be set by state regulators rather than through a PJM-wide interim service, and should plan for continued uncertainty in interconnection rules and capacity prices.
Source: Utility Dive
Memphis council delayed a decision on a proposed 12-month ban on new data center developments, despite protests. Memphis is home to xAI's data centers. The moratorium has not been adopted, and the source gives no new date for a decision.
Why it matters: Developers weighing Memphis sites face continued uncertainty over whether new projects could be barred for a year.
Source: Data Center Dynamics
Rep. Jared Huffman (D-Calif.), ranking member of the House Natural Resources Committee, is criticizing the Bipartisan American Affordability and Jobs Act (BAAJA), saying it favors oil and gas and should be considered after the November midterms. He objects to a provision letting companies sue for damages over fuel-type discrimination, with payouts from the Judgment Fund, which he notes was used for roughly $4 billion in offshore wind developer buyouts. The bill would also constrain National Environmental Policy Act reviews, alter transmission approvals, and limit state and tribal Clean Water Act objections.
Why it matters: Data center demand is a stated driver of the permitting push, so the bill's final shape and timing after the midterms could affect how fast grid, pipeline and generation projects tied to new load get approved.
Source: Heatmap
At an Oct. 9, 2026 hearing in Fairfax County, most state and local officials who spoke asked the Virginia State Corporation Commission to deny the NextEra-Dominion merger or approve it only with guarantees, including that data centers pay for their own infrastructure costs and that Virginia Clean Economy Act commitments are met. Local business and union leaders spoke in favor, citing jobs and electricity demand. Telephonic hearings are set for Nov. 5, 9 and 10, the evidentiary hearing begins Nov. 17, and under the current 180-day review clock the SCC is set to decide in January.
Why it matters: Data center builders in Dominion territory should note that data center cost allocation is emerging as a likely condition in the merger review, which could shape future interconnection and tariff terms.
Source: Utility Dive
A municipal council in northern Italy has rejected plans for an 80MW data center, Data Center Dynamics reported on 9 October 2026. The municipality argues the plans go against its environmental policy. The source does not name the operator, the site or the specific policy provisions.
Why it matters: Local environmental policy can stop an 80MW project at the municipal level, so builders may want to check council requirements early in site selection.
Source: Data Center Dynamics
The League of Conservation Voters and NRDC are about to announce a $250,000 ad buy in the Washington, D.C. market, according to Heatmap. The Wilderness Society now backs a moratorium on data centers on public lands (roughly half a billion acres under Interior Department stewardship), and an Earthjustice report claims 80% of data centers under development that are "bringing their own power" will rely on gas. The push comes as the Senate negotiates the Bipartisan American Affordability and Jobs Act, a bipartisan federal permitting bill.
Why it matters: Developers planning on-site gas generation or sites with a federal land or pipeline nexus should expect organized opposition as the permitting bill debate moves forward.
Source: Heatmap
PJM approved three initial projects totaling 2.1 GW under its Expedited Interconnection Track, the grid operator said on Oct. 8, 2026: Engie's 860-MW storage project in Crawford, Pennsylvania, its 800-MW storage project in Morrow, Ohio, and a 455-MW uprate by LS Power at the 810-MW Hunterstown combined cycle plant in Adams, Pennsylvania. PJM expects all three to come online in mid-2029. The track covers projects above 250 MW that can begin operating within three years, allows up to 10 requests a year, and is set to expire at the end of 2027.
Why it matters: Data center developers in PJM can track this process as one near-term source of new supply, though it is capped at 10 requests a year and ends after 2027, while PJM cites planned data centers as the main driver of rising demand.
Source: Utility Dive
The Wilderness Society this week called for a moratorium on data center development on public land and urged Congress to act in the lame duck session, according to a Heatmap Q&A published Oct. 9, 2026. Senior policy director Dan Hartinger cited proposals covering tens of thousands of acres and said project reviews so far have proceeded without additional NEPA analysis, including geotechnical surveys approved through categorical exclusions. Two bills are pending (not enacted): Rep. Rashida Tlaib's would cover federal lands including Interior, Defense and Energy property, and Sen. Ron Wyden's would ban data centers on Agriculture and Interior land.
Why it matters: Developers considering federal land sites face growing political and permitting risk, so siting plans should include non-federal alternatives.
Source: Heatmap
On Oct. 7, 2026, the U.S. Department of Energy filed a statement of position at FERC urging PJM to revise its reliability backstop procurement plan so that data center and other large load costs are not shifted onto existing customers. PJM intends to acquire 6.8 GW of new capacity to cover a shortfall from the 2028/29 delivery year auction, and the procurement, originally set to begin Sept. 30, was put on hold after FERC said parts of the proposal, including cost allocation, may be unjust and unreasonable. FERC has set a hearing process to run through February, and DOE backed allocating costs based on updated load forecasts with project-level tracking of large loads.
Why it matters: Developers and AI strategy leads planning load in PJM should expect large loads to be assigned the generation and infrastructure costs they trigger, along with tighter project-level reporting on whether projects enter service, are delayed, or are cancelled.
Source: Utility Dive
On September 18, Finland's Licensing and Supervision Agency (LVV) requested reports from Muhos, Kajaani and project manager Tuike Finland Oy on Google's planned data center projects, their permits and the measures taken. LVV says around 300 hectares were felled for the Muhos project while the environmental impact assessment was still underway, and building bans apply at both sites because the local plans are under appeal. Google denies any illegal logging and says the work met Forestry Act requirements; the probe follows its early September announcement of €13bn ($15.13bn) in Finnish investment across 2027 and 2028.
Why it matters: Clearing land before the environmental impact assessment and landscape work permits are settled can draw regulatory scrutiny and calls to halt construction, so builders should confirm the permit sequence for site works.
Source: Data Center Dynamics
ILI Group submitted plans in June for the 600MW Cato data center on a 25-hectare site near Auchtertool, Fife, with around £5 billion ($6.71bn) of investment delivered in phases and up to seven buildings plus an on-site substation. Historic Environment Scotland declined to designate Hallyards Castle as a protected monument because the planning process is already underway, so the castle walls could be removed. ILI says the site would be excavated and recorded by archaeologists first, and remaining stonework reused on site, while the Scottish Parliament voted last month for a de facto, temporary moratorium on new developments until clear rules are developed.
Why it matters: Heritage constraints, community consent and a de facto Scottish moratorium on new developments add permitting risk that site selection and schedule assumptions for hyperscale projects in Scotland need to account for.
Source: Data Center Dynamics
Denmark's Parliament has adopted what is described as an "emergency plan" for the electricity grid, according to Data Center Dynamics on 2026-10-07. Under the plan, data centers are placed at the back of the queue. The measures were first suggested during the summer.
Why it matters: Data center builders and AI infrastructure leads with Danish sites in planning should check how the new queue priority affects their grid access timelines.
Source: Data Center Dynamics
McKinsey's Global Energy Perspective 2026 projects data center electricity demand could grow at a 24% compound annual rate through 2030. Its most likely scenarios all show power supply below IT compute demand, constrained by interconnection, permitting, transformer lead times, and turbine availability. More than 60% of operators now plan to combine on-site generation with grid access, according to McKinsey partner Sam DeFabrizio.
Why it matters: Builders and AI strategy leads should treat power access as the limiting factor through 2030, while keeping options open on generation and capital commitments because demand beyond the decade is less certain.
Source: Data Center Knowledge
Heatmap Pro data shows at least $260 billion of data center investment was canceled this year after sustained local opposition, with about $130 billion canceled in the three months ending September 30. Roughly $1 trillion in investment faces some form of sustained local opposition, and about half of projects that met backlash this year were ultimately canceled. Heatmap says the figures are likely an undercount because only about 60% of projects disclose their planned investment.
Why it matters: Local permitting and community opposition are now a measurable cancellation risk for data center projects, so builders and AI strategy leads should factor early community engagement and site-level approval risk into siting and capital plans.
Source: Heatmap
Fit Energy announced on October 6, 2026 a fuel cell power and data center project in Newport Township, Luzerne County, Pennsylvania, which received township zoning approval for both uses in August. On-site power will come from natural gas fuel cells supplied by FuelCell Energy, with the aim of reducing reliance on the regional grid. Engineering and remaining permitting are underway ahead of construction, and the source (a company press release) gives no MW or capex figures.
Why it matters: The project pairs on-site gas fuel cells with local zoning approval and a planned Community Benefits Agreement, a template for builders looking to limit grid dependence while securing community support.
Source: POWER Magazine
The first round of awards under the Maryland Next Generation Energy Act totaled 440 MW and 1,760 MWh of energy storage. That fell short of the state's 800 MW target. The source ties the shortfall to the continuing capacity crunch in the PJM Interconnection.
Why it matters: Builders and AI strategy leads siting load in PJM territory should note that state procurement is not yet closing the capacity gap, so grid-supply timelines and costs remain uncertain.
Source: Utility Dive
MISO's proposal to accelerate its remaining Definitive Planning Phase-2022 study cycle, which includes about 71 GW of projects, drew support in Oct. 5, 2026 filings at FERC from the Organization of MISO States, RWE Americas, Ameren and Alliant Energy. MISO says that without changes the cycle will likely be delayed by at least 18 months. It asked FERC to approve the plan by Oct. 19, ahead of the Oct. 20 Decision Point II. Pathway Power protested, saying the higher cost-increase threshold shifts financial risk to projects remaining in the queue.
Why it matters: Faster resolution of MISO's legacy queue could shorten and firm up timelines for generation that data center builders and AI strategy leads depend on in the Midcontinent region, though the proposal remains pending at FERC.
Source: Utility Dive
DOE's Office of Energy Dominance Financing announced on October 5, 2026 a conditional loan commitment of up to $4.2 billion for uprates and modernization across Vistra's nuclear fleet, covering Beaver Valley (Pennsylvania) and Davis-Besse and Perry (Ohio). DOE says the projects will preserve nearly 4 GW of baseload power and add 433 MW of new nuclear capacity, supporting plant operation for an additional 20 years beyond existing licenses. The commitment is conditional: Vistra must satisfy technical, legal, environmental, and financial conditions before definitive documents are signed and the loan is funded.
Why it matters: Added nuclear output and extended plant lives in the 13-state PJM region could ease supply constraints for data center builders and AI strategy leads, though the loan is not yet finalized and no timeline for new capacity is given.
Source: US Department of Energy
MISO has proposed a 120-day study process for large loads above 200 MW and new generation located in the same local resource zone. Local resource zones generally consist of individual states. The source describes this as a proposal, not an approved process.
Why it matters: Data center builders planning loads above 200 MW could see a faster path to interconnection if they pair with new generation in the same state-level zone, though the process is still only proposed.
Source: Utility Dive
Gov. Abigail Spanberger's energy plan, unveiled Oct. 1, models four utility pathways to net-zero carbon by 2050 under 85% electricity demand growth, assuming most but not all proposed data centers are built. Each pathway adds 1.2 to 1.8 GW of solar per year, and three emphasize data center demand flexibility. The plan puts total future energy costs at up to $422 billion and suggests, based on Dominion data, that the tech industry could contribute $265 billion through 2050.
Why it matters: The plan lacks the force of law, but it may inform regulators weighing Dominion's gas plant proposals and data center reforms, so Virginia developers should expect cost allocation and demand flexibility to be part of the discussion.
Source: Canary Media
A coalition of 25 cities, counties and states sued the EPA on Thursday (Oct. 1, 2026) in the U.S. Court of Appeals for the D.C. Circuit over the repeal of most of the 2024 Carbon Pollution Standards for fossil fuel-fired power plants. The group also filed a notice of intent to sue over the agency's failure to regulate greenhouse gas emissions from existing gas-fired plants, including peaker plants. EPA Administrator Lee Zeldin announced the final repeal in September and proposed rescinding all remaining power sector greenhouse gas standards.
Why it matters: Federal carbon rules for power plants are now in litigation, so builders and AI strategy leads relying on grid power should plan for regulatory uncertainty in the emissions profile of the generation serving their sites.
Source: Utility Dive
Amazon Web Services has dropped non-disclosure agreements for its data center projects, according to Data Center Dynamics on 2 October 2026. The report says the move follows Microsoft's. The available source text does not specify the scope, affected locations, or effective date of the change.
Why it matters: If confirmed in detail, fewer NDAs from two of the largest cloud operators could change how developers, local officials, and communities share information about proposed sites.
Source: Data Center Dynamics
Two subsidiaries of DeepGreen LLC applied to the Federal Energy Regulatory Commission for preliminary permits, each giving four years of study rights, for proposed underwater data centers in Maine's Bay of Fundy and a more than 1,000-acre channel of Alaska's Cook Inlet. Filings describe hundreds of hydrokinetic turbines, dozens of underwater data center pods and miles of subsea cable, all powered by tidal energy. The permits would not authorize construction. The National Marine Fisheries Service has intervened in the Maine case, the Center for Biological Diversity has filed motions to intervene in both, and Eastport, Maine, has passed a data center moratorium and filed to intervene.
Why it matters: Tidal-powered offshore sites would avoid land use constraints, but this early-stage filing shows they face marine habitat reviews, local opposition and possible litigation before any construction could be considered.
Source: Heatmap
FERC rejected TransAlta's 202(c) cost recovery plan for the Centralia unit. The agency said only utilities in the Northwest should pay the nearly $20 million in expenses tied to a 90-day order covering the unit. FERC also said payment is due even though the unit did not produce output.
Why it matters: The ruling shows that costs of 202(c) orders can be assigned to regional utilities, a factor for builders and AI strategy leads weighing power cost exposure in the Northwest.
Source: Utility Dive
Apex Clean Energy and Meta have signed a power purchase agreement for Starling Solar, a 144 MW project in Gonzales County, Texas, which Apex says would not have been built without Meta's backing. Meta will claim all environmental attributes from the project, which can offset some of its gas-fired electricity in market-based accounting, while Meta also plans a 366 MW gas-fired plant to power a new El Paso data center. Starling is scheduled to begin operations next year, and Meta and Apex expect $27 million in tax revenue over the project's life and $26.3 million in landowner payments.
Why it matters: Renewable attribute claims from a PPA do not change the physical gas generation serving a site, so teams reporting market-based emissions should plan for scrutiny of both numbers.
Source: Canary Media
Governor Abigail Spanberger signed an executive order creating the Data Center Accountability Framework, which bans non-disclosure agreements for data center projects and calls for a review of the impact of backup generators, specifically diesel units. It also expedites development of data center noise regulations, creates a planning and community engagement toolkit for local governments, and sets up an AI task force. Her office describes it as the most comprehensive data center accountability effort in the US.
Why it matters: Developers in the world's largest data center market will no longer be able to rely on NDAs to keep project details confidential, and should plan for earlier public disclosure plus possible new rules on diesel backup generators and noise.
Source: Data Center Dynamics
Ameren filed its integrated resource plan with the Missouri Public Service Commission on Sept. 28, 2026. It calls for 10.6 GW of new gas, 3.6 GW of solar, 1.5 GW of wind, 2.4 GW of storage and 1.2 GW of nuclear, while gas rises from about 5% to 60% of the resource mix by 2045 and coal is retired. Ameren says it has committed to serving 2.8 GW of aggregate large-load demand by 2030, up from 1.5 GW in its 2025 expectations, with data centers a main driver.
Why it matters: Builders and AI strategy leads siting in Ameren's Missouri territory should expect a gas-heavy supply mix and large-load cost-recovery provisions, which Ameren says require large customers to cover the infrastructure built to serve them.
Source: Utility Dive
New Jersey's environmental regulator (NJDEP) said a Vineland, N.J. AI data center installed and operated 62 natural gas generators without required permits, and a state official announced the $1.07 million penalty on Sept. 22. The operator, identified as DataOne, disputed NJDEP's determination regarding the temporary generators but said it would apply for air permits and is communicating with regulators. The case is cited as an example of environmental compliance risks when operators use on-site power to work around constrained grids.
Why it matters: On-site gas generation can shift emissions and noise to the local community and, per an attorney quoted in the source, unpermitted operation can bring penalties and a possible injunction, so permitting needs a place in the development schedule.
Source: Data Center Knowledge
PJM Interconnection delayed its reliability backstop procurement, which was set to open offers Sept. 30 through Oct. 21, a day after FERC on Sept. 29, 2026 only partly approved the plan. PJM intends to acquire 6.8 GW of new capacity to cover a shortfall from the 2028/29 delivery year auction, though it may lower that target for expected new supply. FERC said the cost allocation, transmission owner exit rules and load-serving entity collateral requirements may be unjust and unreasonable, and PJM has not set a new timeline.
Why it matters: Unresolved cost allocation and collateral rules (Northern Virginia Electric Cooperative cited roughly $2 billion under the proposal) add uncertainty to who pays for capacity serving data center load in PJM, which matters for siting and power cost assumptions.
Source: Utility Dive
Four senators from the Senate energy and environment committees released the Bipartisan American Affordability and Jobs Act on Tuesday. It would limit NEPA review scope, set a 150-day window to sue after an agency decision, encourage long-distance power lines, and rewrite federal electricity law so AI data centers cannot drive up household power rates. The Senate will not vote until after the early November midterms, and the bill needs 60 votes to pass.
Why it matters: Builders and AI strategy leads should track this bill because it could change permitting timelines, transmission build-out, and the rules on who bears power costs from large data center loads, though it is not yet law and the source gives no detail on the data center provision.
Source: Heatmap
The Department of Energy's new SPARK program is funding reconductoring and advanced transmission technology across 26 states. With $3.35B in recipient cost share, the projects total $5.25B. DOE expects them to unlock 23 GW of grid capacity by upgrading more than 1,500 miles of lines and adding grid-enhancing technologies to about 21,000 miles.
Why it matters: Utilities that can squeeze more capacity out of existing wires will likely offer faster interconnection than regions waiting on new transmission.
Source: Data Center Dynamics
Prince William County shrank its data center overlay district from 9,700 to 3,500 acres, giving developers 90 days before the new rules apply. On Sept 18, Loudoun County supervisors voted 7-1 for an immediate 12-month moratorium on new data center applications, with a formal resolution due Oct 20.
Why it matters: The world's largest data center market just got much harder to enter, pushing new capacity toward other regions.
Source: Data Center Dynamics
Proposed rules would require new data centers to match new demand with new renewable generation, cool with recycled or non-drinking water, and keep 150-meter buffers from homes.
Why it matters: Additionality requirements are moving from voluntary corporate goals into siting rules.
Source: Data Center Dynamics
ComEd sought to terminate a transmission security agreement with PowerHouse Hillwood's $20B, 1.8 GW campus in Joliet, Illinois. FERC declined to intervene, leaving the dispute in federal court. The developer had met its initial credit requirement with a $1 letter of credit, which Commissioner LaCerte called "an embarrassing legal fiction." FERC directed grid operators to develop standard cost-recovery agreements for large loads by mid-November.
Why it matters: Expect tougher, standardized collateral requirements before utilities commit to building upgrades for new campuses.
Source: Utility Dive
The Utilities Commission rejected a 255 MW hydrogen-capable turbine at Duke's Smith Energy Complex, calling the projected data center load "insufficiently reliable." It also found Duke had not shown how much of the plant would serve data centers, so it could not confirm costs would not shift to other customers.
Why it matters: Regulators are refusing to build generation on speculative demand, so developers will need firm commitments to get capacity built.
Source: Utility Dive
New laws make data centers pay for transmission and distribution upgrades and more wildfire mitigation costs, and require environmental review (SB 1168, SB 886, SB 887). AB 1577 requires monthly energy reporting to the California Energy Commission, while AB 2469 and AB 2619 add water supply assessments and statewide water-use reporting. AB 2383 creates incentives for onsite clean energy.
Why it matters: Ongoing energy and water disclosure is now a condition of operating in California, and other states are likely to copy the template.
Source: Utility Dive
The delegated regulation covers data centers above 500 kW and rates energy and water performance, waste heat reuse, onsite clean generation, and grid flexibility. It now faces a two-month scrutiny period in Parliament and Council, with the first labels expected in 2027. The Commission projects EU data center electricity use rising from 68 TWh in 2024 to 114 TWh by 2030.
Why it matters: EU operators move from disclosing data to being publicly graded, and customers will start using those grades in procurement.
Source: European Commission
The Texas PUC dropped a proposed non-refundable fee of $50,000 per MW in favor of a flat $100,000 study fee, allowed 24 months across a project's full energization schedule, and improved refunds of financial security. ERCOT's large-load queue stands at roughly 474 GW, about 90% of it data centers, and an audit of that queue is expected to run through December.
Why it matters: Texas is now cheaper to enter, but the audit keeps interconnection timelines uncertain for the next several months.
Source: Utility Dive
