Lots of other states are passing laws and crafting regulations aimed at locking data centers into paying these kinds of costs, including several in PJM territory, like Illinois, Indiana, New Jersey, Ohio, and Virginia. Few, if any, have taken explicit steps to align their regulatory regimes with PJM’s pending proposals, Lang-Ree said, although Illinois utility ComEd recently proposed an “interruptible” tariff that could match up with the curtailment provisions proposed by PJM.
To be clear, Shapiro’s executive order doesn’t bar data centers that fail to comply with these requirements from pursuing development in the state. Instead, it allows those data centers that sign a consent order with the Pennsylvania Department of Environmental Protection to receive preferential siting and permitting treatment. Those that don’t will likely face lengthy review and potential opposition from local and state authorities.
Although the governor can’t directly order around the Pennsylvania PUC, since it’s an independent agency, PUC Chair Stephen DeFrank backed Shapiro’s plan at a Tuesday press conference, saying that Pennsylvanians “should not be asked to subsidize infrastructure needed to serve some of the largest energy users in the world.”
