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Articles by Eric Yussman
Data Center Construction Increasingly Constrained by Legal Barriers
Energy By Eric Yussman | November 12, 2026 In recent months, data center construction has been increasingly constrained by the emergence of hundreds of legal barriers put in place by municipalities, counties, and even entire states across the country. FactSet recently summarized the nature, length, characteristics, and geographical dispersion of these barriers and examined the likely impact on power demand and capital expenditures for domestic utilities.
West Virginia Commission Revises AEP Rate Case Decision
Concurrent with the February 2026 update of FactSet’s Utility Jurisdiction Rankings, this Insight examines a recent ruling from the West Virginia Public Service Commission (WVPSC). In February 2026, the WVPSC agreed to reconsider and revise key components of its original August 2025 decision in the general rate case involving AEP subsidiaries Appalachian Power and Wheeling Power (Docket 24-0854-E-42T).
NIPSCO Proposes Special Contract for Amazon Data Centers in Indiana
This Insight highlights an Indiana Utility Regulatory Commission (IURC) docket (46322) in which Amazon and a regulated utility, Northern Indiana Public Service (NIPSCO), are speedily developing generation to meet Amazon’s data center-related demand. This docket is unique in that: It offers a template for how a utility, a tech company, and a state commission can remove impediments to quickly serving megaload customers and insulate other customers from risks associated with that service.
Minimum Billing Demand: a Key Component in U.S. Data-Center Tariffs
Overview This Insight examines how a key ratemaking element, minimum billing demand (MBD), is being used nationwide by utilities trying to meet the anticipated power needs of data centers while protecting the interests of existing ratepayers. Increasing the stringency of MBD is now a common strategy across jurisdictions, potentially impacting hundreds of millions of dollars in utility revenue.
Energy Infrastructure at Risk as Hurricane Season Intensifies
We are well into hurricane season, and early indications suggest this could be one of the more eventful years for tropical-storm activity in the Atlantic. Forming on June 28th, Hurricane Beryl was the earliest-forming Category 5 hurricane ever recorded, and a below-average August in terms of cyclone activity has given way to a very active September.
The Implications of Libya’s Oil Production Outage
Energy By Mitch Jennings | August 27, 2024 Yesterday, Libya’s eastern government announced all oilfields in the country will be shut and production and exports will stop. Libya’s National Oil Corp (NOC) has not confirmed the stoppage, but the Waha Oil Company said it will start to cut production and that production could stop completely due to protests and pressure. This shutdown is the latest in a string of events related to control over the country’s political and economic resources.
PNM Seeks to Reverse Recent Setbacks with Ambitious Rate Case Filing
Energy By Jon Bowman | August 26, 2024 In early 2023, the outlook for PNM (New Mexico’s largest electric utility) seemed to be exceptionally favorable. Per a change in the New Mexico constitution, PNM’s regulating body – the New Mexico Public Regulation Commission (PRC) – had just seen three new commissioners appointed by the governor after transitioning from an elected body, which had previously rejected PNM’s proposed $4.3B merger with Avangrid in a scathing decision.
Active FERC Dispute May Determine the Speed of Data Center Development
The amount of power required by large data centers is now approaching 1,000 MW per site compared to just 100 MW typical in the recent past. To obtain sufficient power supplies as quickly as possible, some data centers are pursuing co-location: the establishment of direct connections with power plants at their own expense. For these data centers, nuclear plants are particularly attractive since they provide carbon-free generation at very high capacity factors.
The Uncertain Future of Multiyear Rate Plans in Maryland
This June, the Maryland Public Service Commission denied Pepco’s application for a multiyear rate plan. What does this decision mean for Pepco and for the future of differentiated ratemaking in Maryland? Ratemaking for utilities at a glance Traditionally, regulated utilities have maintained a fair return on rate base through the filing of infrequent (typically spaced by several years) general rate cases designed to recover investments made on the system since the previous case.
Gas Prices Surge Amid Ukraine’s Incursion into Russia
Geopolitical tensions are on the rise, with the world now paying even more focus to the Russia-Ukraine War. Last week, Ukrainian forces initiated a surprise offensive, pushing into Russia's Kursk region. This incursion included the fighting in and around Sudzha, a key gas transit point, raising the specter of increased fighting around critical pipeline infrastructure.
Energy Supplies Strained by AI in the U.S. Southeast
While the stock market is cooling off from its AI fervor, energy markets continue their march towards a world of increasing electricity demand brought on by new data centers. As we outlined in our previous Insight, the U.S. East Coast, more specifically the Southeast, will be a focal point of increasing energy demand. However, that region of the country has also lagged in renewables growth, leaving natural gas from the Gulf Coast as the primary means to meet most of the shortfall in supply.
Ohio Utility Proposes New Data Center Tariffs, Angers Tech Giants
In May 2024, AEP Ohio opened a proceeding (Docket 24-05058) with the Public Utilities Commission of Ohio, proposing to create two new tariffs designed to help the company accommodate an unprecedented amount of anticipated load growth from an influx of new data centers within its service territory: A “Data Center Power” tariff for new data center customers with a monthly demand of 25 MW or more A “Mobile Data Center” tariff for new mobile data center customers, such as cryptocurrency miners,...
Batteries Begin to Turn the Tide on Ramp Rates
Throughout the United States, utilities and grid operators continue to pivot from an era of flat electrical demand to one in which data centers require more electricity to meet growing AI demand. These utilities are increasingly turning to natural gas, however the growth in solar generation shows little sign of letting up. This leaves grid operators with another problem. The sun sets while demand is increasing, leaving a shortfall that needs to be met.
As DAC Scales, Margins Will Depend on High Utilization
Energy By Nick Jones | June 18, 2024 Last month, Climeworks announced that Mammoth, their newest Direct Air Capture (DAC) facility, began removing CO2 from the atmosphere. With its full nameplate capacity of 36,000 mt/y expected online by the end of this year, Mammoth will be 9X the size of the previously largest operational plant, Climeworks’ Orca.
U.S. Data Centers Risk European Gas Supply
While politics in Europe are set to undergo a shift this summer, the region’s energy industry finds itself in a relatively comfortable situation.
U.S. Utility Commissions Hear Natural Gas Concerns Around Electrification
Concurrent with FactSet’s semiannual “State Utility Regulator Profiles” publication, the article below highlights a roiling topic facing commissions across the U.S.: the present and future of natural gas. Two issues at the fore are proposed limits on gas infrastructure and trends in building electrification.
Regulatory Changes in Nova Scotia Aim for Clean Energy Future
As FactSet introduces coverage of Canadian rate cases to the Workstation, the following article highlights Nova Scotia, home of the latest shakeup in North American utility regulation. Be sure to check back in for more Insights highlighting new coverage.
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