UNCLASSIFIEDRESEARCH2026-09-04

THE METER

Who Pays for the Power

William Hunter Laustrup & Claude7 min read

[COMPANION FILE // THE CORRECTION // THE BILL ARRIVES MONTHLY]

BLUF: The largest electricity market in America has cleared its capacity auction at the legal price cap three times in a row and missed its own reliability target twice. Its market monitor says data centers are the reason. The cap hides the true price. Utilities plan $1.3 trillion of grid spending that households will repay with interest for decades. Seventy-one percent of Americans say they do not want a data center near them, states are imposing moratoria and special tariffs, and the tech companies are spending to hold the line. In Mississippi, xAI ran dozens of gas turbines without permits, and when neighbors sued, the Department of Justice stepped in on the company's side, citing a war. The AI build-out's electricity is the one cost the public sees. It arrives on a bill, and the bill is going up.


THE AUCTION AT THE CAP

PJM Interconnection runs the grid for more than 67 million people across thirteen states and Washington, DC. Once a year it holds an auction to buy the generating capacity it will need three years out. For most of its history that auction cleared at modest prices. Then the data centers came.

The auction for 2025/26, held in July 2024, cleared at $269.92 per megawatt-day, up from $28.92 the year before: a rise of more than 800 percent. The market monitor, Monitoring Analytics, found that data-center load added $7.3 billion, or 82 percent, to the revenue of the next auction, for 2026/27, and that the results were "almost entirely the result of large load additions from data centers." Across the two auctions, by the monitor's figures as reported by Utility Dive, data centers accounted for about $16.6 billion of $30.8 billion in auction revenue.

Regulators responded not by fixing the shortage but by capping the price: $329.17 per megawatt-day for 2026/27, then $333.44 and $325 for the two auctions after. All three cleared at exactly the cap. The 2027/28 auction was the first in which the entire region fell short of its reliability requirement. The 2028/29 auction, held July 14, 2026, procured $16.4 billion of capacity and fell 6,831 megawatts short of the requirement a second time. PJM's own release cites "large data center loads."

The cap does not lower the cost. It defers it and hides the signal. By PJM's own simulation, the uncapped 2028/29 price would have been $554.72 per megawatt-day, and $776.69 in the ComEd zone around Chicago. In February 2026 Pennsylvania's governor announced that PJM would extend the cap through 2030, and put his office's cumulative estimate of consumer savings at $45 billion. Those savings are a shortage the market was not allowed to price.

Receipts: PJM auction releases, Jul 30, 2024, Dec 17, 2025, and Jul 14, 2026; PJM 2028/2029 auction report (uncapped simulation); Monitoring Analytics, Oct 1, 2025, and Utility Dive, Oct 2, 2025; Pennsylvania governor's release, Feb 12, 2026; FERC acceptance via PJM, Apr 30, 2026.

THE RATE BASE

Capacity auctions are one channel. The larger one is slower and lasts longer. Utilities recover the cost of grid construction through their rate base, meaning customers repay the capital, plus a regulated return, over the life of the asset. Dominion plans about $65 billion of capital spending from 2026 through 2030, raised from $50 billion in February, against a data-center pipeline of more than 53 gigawatts in various stages of contracting. AEP plans $78 billion over the same period. Southern, $81 billion. Duke, $103 billion. S&P puts US energy-utility capital spending near $1.3 trillion for 2026 through 2030. Every dollar of it, once approved, becomes a line on a residential bill for decades; transmission plant is depreciated over fifty years and more. The NRDC projects the average PJM household paying around $70 a month more by 2028 because of forecast data-center growth, on top of the $20 to $30 the 2024 auction had already added.

So what? Even if every data center were abandoned tomorrow, the transmission lines built to serve them would still be in the rate base, and the ratepayer would still be paying for them.

Receipts: Dominion Q4 2025 and Q2 2026 earnings calls; AEP Q1 and Q2 2026 releases; Southern Q4 2025 call; Duke Q4 2025 8-K; S&P Global Market Intelligence, Apr 23, 2026; NRDC, Rutigliano, Sept 30, 2025.

THE STATES PUSH BACK

By mid-2026, twenty-three states had approved at least one special tariff for large loads, by the Edison Electric Institute's count. Virginia created a new customer class for loads of 25 megawatts or more, requiring them to pay for at least 85 percent of their contracted transmission and distribution demand whether they use it or not, and on July 31 ordered Dominion to draft a policy making data centers pay up front for the lines and substations that connect them. Ohio approved a tariff with an 85 percent minimum take for up to twelve years. Texas passed a law allowing mandatory curtailment of loads above 75 megawatts during grid emergencies. Georgia bills customers above 100 megawatts for grid buildout as constructed, and in late August its commission's staff approved Georgia Power's 3.2-gigawatt contract with OpenAI without a vote of the commissioners. Pennsylvania's utility commission issued a nonbinding model tariff in May, and in August its governor signed an order directing the state to make data centers above 25 megawatts sign binding agreements to pay the full cost of the infrastructure that serves them. Arizona's largest utility proposed a rate increase of more than 45 percent for data centers.

And on July 14, 2026, New York's governor signed Executive Order 62: a moratorium of up to a year on state discretionary permits for data centers of 50 megawatts or more, held in place while the state completes an environmental review. Her office called it the first of its kind in the nation.

Receipts: Virginia SCC final orders, Nov 25, 2025 and Jul 31, 2026; PUCO order on AEP Ohio, Jul 9, 2025; Texas SB 6; Georgia PSC, Jan 23, 2025, and Georgia Power, Aug 27, 2026; Pennsylvania PUC, May 13, 2026, and Executive Order 2026-05, Aug 18, 2026; APS rate case; New York EO 62; Sabin Center Climate Law Blog, Jun 2, 2026.

THE PUBLIC HAS DECIDED

Gallup asked in March 2026 and published in May: 71 percent of Americans oppose an AI data center in their area, 48 percent strongly. Seven percent strongly favor one. In Port Washington, Wisconsin, 66 percent of voters passed a measure requiring voter approval of any future tax-increment district of $10 million or more, the vehicle the city had used for its data-center campus. Ohio organizers tried for a statewide ban on data centers above 25 megawatts, fell short of the signatures for 2026, and are aiming for 2027. Monterey Park, California, banned data centers outright in June with 88 percent of the vote. In Boulder City, Nevada, the November ballot asks voters whether to allow them; a citizens' petition to require voter approval fell short of signatures. Frederick County, Maryland, verified a referendum in April, Maryland's highest court struck it from the ballot in June, and the county executive then paused new data-center applications through the end of the year. At least 75 US projects worth about $130 billion were blocked or delayed in the first quarter of 2026 by local opposition.

The industry's response has been money. In California in the first half of 2026, Amazon spent more than $500,000 lobbying the legislature on 33 bills, several of them data-center bills; Anthropic nearly $90,000, including a lobbyist on data-center matters; and the Data Center Coalition about $60,000 opposing nearly every bill that would regulate data centers.

Receipts: Gallup, May 13, 2026; Urban Milwaukee/WPR, Apr 8, 2026; Ohio Capital Journal, Jun 19, 2026; ABC7 and LA Public Press, June 2026; Boulder City Review; Supreme Court of Maryland, No. 67, Jul 24, 2026; Frederick County, Jul 1, 2026; Data Center Watch Q1 2026 and NBC News, Jun 12, 2026; CalMatters, Aug 28, 2026.

THE TURBINES

The clearest single story is in Southaven, Mississippi, where xAI built Colossus 2. To power it, the company installed dozens of gas turbines, 27 of them totaling at least 495 megawatts by the count in the plaintiffs' complaint, without Clean Air Act permits. The state's environmental agency had told xAI in 2025 that it needed none, because the turbines were "mobile," mounted on trailers, and "temporary," meant to run less than twelve months. In April 2026 the NAACP and its Mississippi conference, represented by the Southern Environmental Law Center and Earthjustice, sued. In June, the US Department of Justice moved to intervene and to dismiss the case. Its filing did not claim the turbines had permits; it argued Mississippi did not require them, and that the suit "threatens American national, economic, and energy security" because Grok, xAI's model, supports "the Department of War's military operations," including, in the strikes on Iran, the delivery of "over 2,000 munitions to 2,000 distinct targets within 96 hours." On July 30 an agreed order let 13 of the "temporary" turbines run past their twelve-month limit, some until July 2027. Reporting put the count at 59 in July; the state's order covers 69.

So what? A company ran an unpermitted power plant next to a residential neighborhood, and when the neighbors sued, the federal government took the company's side and cited a war. This is what fusion of the state and the vendor looks like at ground level. It looks like smoke.

Receipts: NAACP v. X.AI Corp. complaint, N.D. Miss. No. 3:26-cv-00074, Apr 14, 2026; DOJ motion for intervention and dismissal, Jun 15, 2026; Utility Dive, Jun 18, 2026; Mississippi Today, May 11 and Jul 31, 2026; TNW, Jul 14, 2026; Earthjustice case page. As of Sept 2 the court had ruled on neither the injunction nor the government's motion; the August hearing was continued without a date.

THE NUCLEAR PROMISE

The industry's answer to the power question is nuclear, and the dates matter. Microsoft's deal to restart Three Mile Island Unit 1, now the Crane Clean Energy Center, targets the second half of 2027. Amazon's Susquehanna contract runs through 2042. Meta's agreements with Vistra, Oklo, and TerraPower total up to 6.6 gigawatts of new and existing capacity by 2035, with the new reactors not before 2030 to 2032. The gas turbines are what happens in the meantime.

Receipts: Constellation Q2 2026 results, Aug 6, 2026; Talen 8-K, Jun 11, 2025; Meta newsroom, Jan 9, 2026.


WHAT THE METER SAYS

Everything else in this investigation is hidden. The SPV debt is off the balance sheet. The Genesis partnership financing is unpublished. The insurance exclusions are in policy fine print. The electricity bill is the one place the AI build-out's cost is printed in plain numbers, mailed monthly, to every household in the grid. That is why the auction was capped. It was the one signal the public could read.

WHAT HONEST WOULD LOOK LIKE

Lift the cap and let the price be seen. Require large loads to pay their full transmission cost up front, as Virginia is beginning to. Publish, per state, the share of utility capital spending attributable to data centers. Permit the turbines or shut them off. And put the federal government on record, in a hearing, about whether the Justice Department's job is to defend the Clean Air Act or the companies that violate it.


CORRECTIONS

September 6, 2026. A night-shift fact-check of every receipt in this piece against primary documents found six errors and a dozen imprecisions in the first version. All are corrected above. The errors: the "more than 800 percent" rise was the 2025/26 auction, not 2026/27, which rose 22 percent to the cap; three utility capital plans were stale, Dominion's $50 billion having become $65 billion in February, AEP's $72 billion having become $78 billion in May, and Duke's figure being $103 billion, not $102 billion; Georgia's regulators were not "still reviewing" the OpenAI contract, whose approval by commission staff was announced August 27; Monterey Park's ban passed in June rather than awaiting a fall vote, and Boulder City's fall ballot asks whether to allow data centers, not whether to ban them; Frederick County's referendum, verified in April, was struck from the ballot by Maryland's highest court in June; Mississippi's no-permit determination for the turbines dates to 2025, not July 2026, which is when the agreed order extending them was signed; and the words "the Iran war" do not appear in the Justice Department's filing, which speaks of "Operation Epic Fury" and "the Department of War's military operations." Also tightened: the price cap differed by auction; the $16.6 billion figure is auction revenue, as reported by Utility Dive; the governor announced the extension but PJM and FERC made it, and the $45 billion is his office's cumulative estimate; the Virginia minimum applies to distribution as well as transmission, and the July 31 order directs Dominion to draft a policy rather than shifting cost itself; Pennsylvania's tariff is a nonbinding model and Texas's is a statute; the Port Washington measure covers tax-increment districts, not data-center incentives as such; the $130 billion is projects "blocked or delayed," not stalled; Amazon's and Anthropic's California lobbying totals are general, not data-center-specific; the Southern Environmental Law Center and Earthjustice are counsel, not plaintiffs; and the Crane restart is targeted for the second half of 2027, not mid-2027. We publish our corrections the same way we publish our claims: with the receipts.

HONEST-EDGE APPENDIX

  • SemiAnalysis argues the project-cancellation narrative is overstated. We report the stall figure with that caveat.
  • The $70 per month NRDC figure is a projection of capacity costs alone, assuming auctions stay at the cap from 2028; it is an average, not a bill anyone has received.
  • Nuclear restarts are real and will reduce the gas share after 2027. The finding is the gap between the promise and the interim.
  • The xAI preliminary-injunction motion and the government's motion to dismiss were both unruled as of Sept 2, 2026; the Justice Department has asked for a written order by Sept 10.

VERIFY BEFORE PRINT

The xAI rulings when they land; the Texas PUCT interconnection rule (proposed March 2026, not final as we went to print); the Gallup question wording, which the poll page does not print; the MDEQ agreed order itself, which we have only through reporting.

VERIFIED

September 6, 2026: all receipts resolved and checked against primaries. The auction prices, shortfalls, and the uncapped simulation are from PJM's own reports; the "almost entirely" quotation is verbatim from Monitoring Analytics. The utility capital plans are from earnings calls and 8-Ks. The Justice Department's filing was read in full. The Mississippi agreed order and the Bloomberg Crane piece were not retrieved directly and are cited through the outlets that quoted them. See CORRECTIONS.

Companion to THE CORRECTION. Full case file public. (A+I)²

Receipts

  1. [1]PJM Inside Lines, Jul 30, 2024 — 2025/2026 Base Residual Auction results ($269.92/MW-day vs $28.92 the prior year) — §I
  2. [2]PJM, 2026/2027 Base Residual Auction Report, Jul 22, 2025 ($16.1B, up 9.5%; cap $329.17/MW-day) — §I
  3. [3]Monitoring Analytics, Analysis of the 2026/2027 RPM Base Residual Auction, Part A, Oct 1, 2025 ($7.27B / 82.1 percent; 'almost entirely the result of large load additions from data centers') — §I
  4. [4]Utility Dive, Oct 2, 2025 — 'Data centers "primary reason" for high PJM capacity prices: market monitor' ($16.6B of $30.8B across two auctions) — §I
  5. [5]PJM Inside Lines, Dec 17, 2025 — 2027/2028 auction results (cleared at the $333.44 cap; first RTO-wide shortfall, 6,623 MW) — §I
  6. [6]PJM Inside Lines, Jul 14, 2026 — 2028/2029 auction results ($16.4B; 6,831 MW short; 'large data center loads') — §I
  7. [7]PJM, 2028/2029 Base Residual Auction Report, Jul 14, 2026 (uncapped simulation: $554.72 RTO, $776.69 ComEd) — §I
  8. [8]Office of Gov. Shapiro, Feb 12, 2026 — PJM to extend price cap to 2030; '$45 billion' cumulative savings claim — §I
  9. [9]PJM Inside Lines, Apr 30, 2026 — FERC accepts the price collar for two more delivery years — §I
  10. [10]Utility Dive, Jul 20, 2026 — market monitor: data centers $6.3B of the 2028/29 auction; $29.4B of $63.6B across four auctions — §I
  11. [11]Dominion Energy Q4 2025 earnings call transcript, Feb 23, 2026 (five-year plan raised from $50B to ~$65B; 48 GW contracting) — §II
  12. [12]Dominion Energy Q2 2026 earnings call highlights, Jul 31, 2026 (more than 53 GW in contracting stages; ~12 GW under electric service agreements) — §II
  13. [13]AEP, May 5, 2026 — Q1 2026 earnings; five-year capital plan raised to $78 billion from $72 billion — §II
  14. [14]AEP, Q2 2026 earnings release (8-K Ex. 99.1), Jul 30, 2026 — '$78 billion from 2026 through 2030' — §II
  15. [15]Utility Dive, Feb 20, 2026 — 'As load grows, Southern raises spending plan to $81B' (2026–2030) — §II
  16. [16]Duke Energy, Q4 2025 earnings release (8-K), Feb 10, 2026 — '$103 billion five-year capital plan ... through 2030' — §II
  17. [17]S&P Global Market Intelligence (RRA), Apr 23, 2026 — US energy-utility capex forecast ~$1.3 trillion (46 companies, 2026–2030) — §II
  18. [18]NRDC, Tom Rutigliano, 'Building Data Centers Without Breaking PJM,' Sept 30, 2025 ('around $70 a month extra' by 2028; $163B through 2033) — §II
  19. [19]NRDC press release, Oct 22, 2025 — 'Rising Demand from Data Centers Driving Reliability, Cost Concerns' — §II
  20. [20]Xcel Energy/NSP depreciation study, South Dakota PUC docket EL25-024 (2025) — transmission account lives of 56 to 75 years — §II
  21. [21]Sabin Center Climate Law Blog, Jun 2, 2026 — large-load tariffs; EEI count of 23 states approved, 7 pending — §III
  22. [22]Virginia SCC, Final Order, PUR-2025-00058 (Dominion biennial review), Nov 25, 2025 — GS-5 class at 25 MW; 85% transmission and distribution minimum; 14-year term — §III
  23. [23]Virginia SCC, Final Order, PUR-2026-00056, Jul 31, 2026 — Dominion to file a line-extension policy with mandatory contribution for direct-connect transmission within 90 days — §III
  24. [24]Virginia Mercury, Aug 5, 2026 — 'SCC orders Dominion to develop tariff to assign more transmission costs to data centers' — §III
  25. [25]PUCO, Jul 9, 2025 — orders AEP Ohio to file data-center tariff (settlement adopted) — §III
  26. [26]AEP Ohio, Data Center Tariff page (85% minimum demand; up to 12-year term; effective Jul 23, 2025) — §III
  27. [27]Texas Legislature, S.B. 6 enrolled text (89R), signed Jun 20, 2025 — 75 MW threshold; curtailment during firm load shed — §III
  28. [28]Georgia PSC, Jan 23, 2025 — rule allowing new terms for customers above 100 MW; costs billed as construction progresses — §III
  29. [29]Georgia Power, Aug 27, 2026 — OpenAI contract (3,200 MW, Effingham County) approved through the PSC process — §III
  30. [30]The Current (GA), Aug 27, 2026 — PSC staff approve Georgia Power's OpenAI contract by letter, no commission vote — §III
  31. [31]Pennsylvania PUC, May 13, 2026 — final order establishing a large-load model tariff framework (nonbinding) — §III
  32. [32]Pennsylvania Governor, Executive Order 2026-05, 'Protecting Pennsylvania Consumers from Data Center Impacts,' Aug 18, 2026 — §III
  33. [33]Arizona Public Service, rate case page — 'over a 45% rate increase for extra-large energy users like data centers' — §III
  34. [34]New York Governor, Executive Order No. 62, Jul 14, 2026 — moratorium on state discretionary permits for data centers of 50 MW or more — §III
  35. [35]New York Governor press release, Jul 14, 2026 — 'the nation's first moratorium on new hyperscale data centers' — §III
  36. [36]Gallup, May 13, 2026 — 'Americans Oppose AI Data Centers in Their Area' (71% oppose, 48% strongly; 7% strongly favor; fieldwork Mar 2–18) — §IV
  37. [37]Urban Milwaukee/WPR, Apr 8, 2026 — Port Washington referendum passes with about 66 percent (voter approval for TIDs of $10M or more) — §IV
  38. [38]Ohio Capital Journal, Jun 19, 2026 — data-center ban amendment (25 MW) will not be on the 2026 ballot; organizers aim for 2027 — §IV
  39. [39]ABC7, June 2026 — Monterey Park voters approve Measure NDC, banning data centers (10,321 to 1,362) — §IV
  40. [40]Boulder City Review, 2026 — citizen petition to require voter approval falls short (1,284 of 1,541 signatures); council's Question 1 asks whether to permit data centers — §IV
  41. [41]Supreme Court of Maryland, In re Frederick County Data Center Referendum Committee, No. 67, Sept. Term 2025 (order Jun 30, opinion Jul 24, 2026) — referendum enjoined — §IV
  42. [42]Frederick County Government, Jul 1, 2026 — pause on new data-center applications through Dec 31 following the court's decision — §IV
  43. [43]Data Center Watch (10a Labs), Q1 2026 report — 'at least 75 data center projects worth approximately $130 billion were blocked or delayed' — §IV
  44. [44]NBC News, Jun 12, 2026 — 'Data center opponents have blocked or delayed projects worth nearly $130 billion in 2026, study finds' — §IV
  45. [45]SemiAnalysis, Jun 18, 2026 — 'Stop Saying Half of 2026 US Datacenter Capacity Is Canceled' (the caveat we carry; paywalled) — §IV
  46. [46]CalMatters, Aug 28, 2026 — California data-center lobbying (Amazon >$500K on 33 bills; Anthropic ~$90K; Data Center Coalition ~$60K) — §IV
  47. [47]MultiState Insider, May 7, 2026 — 'Voters Target Data Centers with Local and Statewide Ballot Measures' (the source of v1's ballot claims, since overtaken) — §IV
  48. [48]NAACP v. X.AI Corp. and MZX Tech LLC, Complaint, N.D. Miss. No. 3:26-cv-00074, Apr 14, 2026 (27 turbines, at least 495 MW) — §V
  49. [49]Earthjustice, Apr 14, 2026 — 'NAACP Sues xAI for Illegal Pollution from Data Center Power Plant' (NAACP plaintiffs; Earthjustice and SELC as counsel) — §V
  50. [50]Earthjustice case page — Colossus 2, Southaven — §V
  51. [51]U.S. Department of Justice, 'The United States' Motion for Intervention and Dismissal' and memorandum, Jun 15, 2026 ('Operation Epic Fury'; 'Department of War's military operations') — §V
  52. [52]Utility Dive, Jun 18, 2026 — 'DOJ intervenes on behalf of xAI in data center gas turbine lawsuit' — §V
  53. [53]Mississippi Today, May 11, 2026 — 'xAI now has 46 gas turbines without air permits' (MDEQ's 2025 'mobile' and 'temporary' determination) — §V
  54. [54]TNW, Jul 14, 2026 — xAI running 59 unpermitted turbines per regulator correspondence — §V
  55. [55]Mississippi Today, Jul 31, 2026 — agreed order sets retirement dates for 69 temporary turbines; 13 allowed past the 12-month deadline, some to Jul 14, 2027 — §V
  56. [56]CourtListener docket feed, NAACP v. X.AI Corp. (entries through Sept 2, 2026: hearing continued; no ruling on injunction or intervention) — §V
  57. [57]Constellation, Aug 6, 2026 — Q2 2026 results (Crane restart 'in 2027'; CEO on call: second half of 2027) — §VI
  58. [58]Talen Energy, Form 8-K Ex. 99.1, Jun 11, 2025 — 1,920 MW to Amazon through 2042 — §VI
  59. [59]Meta Newsroom, Jan 9, 2026 — nuclear agreements with Vistra, Oklo, TerraPower: up to 6.6 GW of new and existing capacity by 2035 — §VI
  60. [60]FERC, Jun 18, 2026 — show-cause orders to six grid operators on large-load interconnection — Verify

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