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Data Centres: Boom and Backlash
2JUN

Who pays when the grid bends for AI

2 min read
10:42UTC

PJM has told 13 governors that unless states write data-centre cost rules before its September backstop, household bills could absorb the grid costs. ERCOT's queue hit 410 GW even as transformers run four years out, and a Texas developer is now suing a county over its moratorium on Fifth Amendment grounds. Amazon's Lake Anna cooling discharge reaches a 9 June hearing while Singapore takes the opposite route, pricing the conditions up front.

Key takeaway

US rules externalise cost and litigate later; Singapore prices conditions before the slab is poured.

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Regulatory
Infrastructure
Legal

PJM chair Paula Conboy told all 13 PJM-territory governors on 19 May that absent state cost rules before September's backstop procurement, data-centre grid costs may land on household bills.

Sources profile:This story draws on neutral-leaning sources

PJM's board chair Paula Conboy wrote to 13 state governors on 19 May warning that data-centre grid costs could land on ordinary household electricity bills. The warning comes because PJM is running a September backstop procurement before federal cost rules are settled.

States that do nothing by September let the existing tariff spread costs across all ratepayers by default. Any governor who acts in time can redirect those costs onto the data centres that triggered them. 

ERCOT told Texas legislators its large-load queue has reached 410 GW, roughly 87 per cent data centres, even as transformer lead times stretch to 128 weeks.

Sources profile:This story draws on neutral-leaning sources

ERCOT, the Texas grid operator, told state lawmakers in April that companies want to connect 410 gigawatts of new load, nearly five times the state's peak demand, with 87 per cent from data centres. The queue jumped from 225 GW just weeks earlier .

The binding constraint now sits in the supply chain: large power transformers take up to four years to deliver, so most of the 410 GW cannot be powered before 2028 even if approved today. 

Sources:ERCOT·KWTX·KXXV

RCM Hill LLC sued Hill County, Texas on 28 May for $100m, arguing the moratorium on its 1,235 MW Project Aquila campus is an unconstitutional regulatory taking.

Sources profile:This story draws on neutral-leaning sources

Developer RCM Hill LLC sued Hill County, Texas on 28 May, seeking $100 million after the county voted to pause its 1,235 MW Project Aquila campus. The county's own judge and attorney said the moratorium was likely unlawful before the 3-2 vote passed.

The case tests whether Texas counties have any legal power to block data-centre builds at all. A 24 July ERCOT deposit deadline of $61.75 million means the developer cannot wait years for resolution. 

Parties challenging the DOE's Section 202(c) curtailment order filed a rehearing on 28 May, calling it a physical and regulatory taking of property without compensation.

Sources profile:This story draws on neutral-leaning sources

Challengers to the DOE's May 2026 curtailment order argue that forcing data centres to give PJM control over their backup generators amounts to a property taking under the Fifth Amendment. The order gave PJM authority to cut data-centre power during the mid-May heat emergency .

Resolution is not expected before 2027. The case turns on whether emergency power granted in 1935 covers private commercial buildings, a question courts have never had to answer before. 

Amazon has applied to discharge up to 280,000 gallons a day of cooling water into a stream feeding Lake Anna; Virginia DEQ holds a public hearing on 9 June.

Sources profile:This story draws on neutral-leaning sources

Amazon has asked Virginia's environmental regulator to let it discharge up to 280,000 gallons a day of cooling water into Sedges Creek, which feeds Lake Anna, from its 150-acre Louisa County campus. A public hearing runs on 9 June 2026.

Virginia does not require data centres to test discharge water for PFAS, so residents' central concern, forever chemicals in the lake, will not be measured even if the permit passes. The Boardman nitrate settlement established that Amazon carries environmental liability for cooling discharge; this is the next test. 

Singapore launched its Green Data Centre Roadmap on 30 May, releasing 500 MW of capacity but only under a PUE 1.3 efficiency ceiling and a liquid-cooling mandate.

Sources profile:This story draws on neutral-leaning sources

Singapore's government launched its Green Data Centre Roadmap on 30 May, unlocking 500 MW of new capacity under Deputy Prime Minister Heng Swee Keat via IMDA. Operators must hit a PUE of 1.3 or better and run data halls at 26 degrees Celsius; a separate 200 MW tranche requires green energy.

Singapore has been effectively closed to new builds since 2019. The roadmap is a metered re-opening with conditions locked in before construction, not negotiated in court afterwards, the opposite of the US approach playing out simultaneously. 

Sources:RTO Insider
Closing comments

Escalating on three simultaneous fronts, each with a dated trigger. On cost: PJM's September 2026 Reliability Backstop Procurement locks in the socialised-cost outcome if no PJM-territory state publishes a framework first; 65 million residential accounts across 13 states become the default bearer. On liability: a Texas court ruling before the 24 July 2026 ERCOT deposit deadline of $61.75 million either grants RCM Hill's injunction and deters county moratoriums or denies it and sets back the taking doctrine. On federal authority: FERC's end-June 2026 RM26-4-000 order is the tipping mechanism; if it explicitly assigns grid-control obligations to data-centre operators, DOE's 202(c) curtailments acquire permanent statutory footing and the taking challenge likely fails; if it is silent or delayed, a third 202(c) order in summer 2026 substantially strengthens the argument that DOE is substituting an emergency tool for required rulemaking.

Different Perspectives
US residential electricity ratepayers and community residents
US residential electricity ratepayers and community residents
Households in PJM's 13 states face grid-reinforcement costs defaulting to their bills if states miss the September deadline, while Lake Anna residents face a cooling-water permit that can clear Virginia law without any PFAS monitoring. Both costs are externalised at the regulatory stage and disputed only after the fact.
Singapore / IMDA
Singapore / IMDA
IMDA's Green Data Centre Roadmap releases 500 MW under non-negotiable PUE 1.3, liquid-cooling, and green-energy conditions set before construction, ending a seven-year freeze without triggering the consent or cost fights fragmenting three US regulatory fronts simultaneously.