Brief:
- AEP Ohio, alongside a coalition of pivotal stakeholders, petitioned the Public Utilities Commission of Ohio (PUCO) on Wednesday, seeking approval for a comprehensive settlement agreement that delineates the parameters for connecting data centers to the electric grid.
- The signatories of this agreement comprise PUC personnel, the Ohio Consumers’ Counsel, the Ohio Energy Group, Ohio Partners for Affordable Energy, and retail giant Walmart. In a notable development earlier this month, tech behemoths like Amazon, Google, Microsoft, and Meta aligned with Constellation Energy and other entities to propose an alternative set of rates for data centers and other high-energy consumers for PUCO’s evaluation.
- “In a groundbreaking accord, the OCC, AEP, PUCO staff, and various consumer representatives have collaborated to safeguard Ohio utility consumers from bearing the financial burden of data center expansions in central Ohio,” stated Maureen Willis, director of the OCC, which advocates for Ohio ratepayers. “The ball is now in the court of the five PUCO commissioners to endorse this widely-backed, consumer-friendly agreement.”
Insight:
The “consumer protective” settlement submitted by AEP Ohio seeks PUCO’s endorsement and bears a striking resemblance to the utility’s preliminary filing made in May, as highlighted by the OCC.
Should the agreement receive the green light from the PUCO, data centers exceeding 25 MW will be mandated to cover at least 85% of their projected monthly energy requirements in advance—regardless of their actual consumption. This stipulation aims to offset the costs associated with the infrastructure essential for delivering electricity to these facilities, as detailed by AEP Ohio in a recent press statement.
Additionally, the settlement demands that data centers demonstrate financial viability while adhering to specified criteria, including the payment of an exit fee in instances of project cancellations or non-compliance with the stipulations outlined in their electric service agreements. This framework will be enforced for a duration of up to 12 years, instituting a 4-year introductory phase.
The proposal stands in stark contrast to the “pro-industry, anti-consumer” framework presented by the data center coalition, as articulated by the OCC. That previous agreement proposed a reduction in the contractual commitments expected of data centers, lowered exit fees, and decreased the demand charges applied to these entities, according to the advocates for ratepayer protection.
In response, the Data Center Coalition, previously involved in a separate settlement agreement, voiced concerns that the proposal from AEP Ohio could stifle investment in the state. They argue it artificially inflates operational costs for a select group of consumers while imposing bureaucratic hurdles on on-site energy generation at data centers.
“Instead of pursuing a reasonable collaborative approach, AEP Ohio has chosen to file a contradictory stipulation that sets forth a tariff focused on disproportionate treatment of data centers while neglecting potential avenues for cost-saving innovations like grid-enhancing technologies,” remarked Josh Levi, president of the DCC, in an email communication on Thursday.
Levi pointed out that no other utility in the U.S. has imposed conditions akin to those outlined in the AEP Ohio agreement.
This deliberation at the Ohio PUC unfolds amidst increasing requests from data centers vying for electrical interconnections, with those requests escalating in both frequency and scale.
A significant 60% of utilities responding to a survey conducted by the Electric Power Research Institute indicated they are handling service requests from data centers with energy demands exceeding 500 MW, while 48% report requests for facilities with requirements surpassing 1,000 MW. Alarmingly, nearly half of the 25 surveyed utilities have experienced requests from data centers that could account for more than 50% of their peak system demand.
EPRI’s findings revealed that around 75% of responding utilities manage these data center service requests through standard large-load service request protocols.
Meanwhile, in Indiana, the Citizens Action Coalition recently urged state legislators to impose a temporary moratorium on data centers, advocating for a pause to establish policies that would protect Indiana’s consumers from potential utility-related costs and other challenges tied to these facilities.
Indiana Michigan Power, an AEP subsidiary, has proposed a data center tariff aimed at the Hoosier State. The utility estimates that hyper-scale data centers will consume approximately 35 million MWh annually by 2030, eclipsing current residential consumption that stands at 31.9 million MWh per year, according to the CAC, a consumer-focused and environmental advocacy organization that largely supports the proposed tariff.

