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PUC Watch · Issue 3

410 Gigawatts. That number requires context.

Maryland and Texas demonstrate two approaches to the AI infrastructure boom and its utility-regulation consequences.

By Michael-Christopher Warren · Published

PUC Watch is published by RegulatorIndex.

The AI infrastructure boom is the largest stress test American utility regulation has ever faced. This issue: two states just showed everyone else how to handle it — and one number from Texas that reframes the entire debate.

The Docket

Maryland · Legislation
The Utility RELIEF Act Is Now Law. Here’s What It Actually Does to the Rate Case Environment.

In the final hours of the 2026 legislative session — a night Maryland legislators call Sine Die, when bills either cross the finish line or die — the Maryland General Assembly passed the most consequential utility legislation the state has seen in a generation. Governor Moore is expected to sign it immediately.

The Utility RELIEF Act started as Senate Bill 841. It ended as something significantly larger. The final bill incorporated all or part of at least 18 bills introduced this session, becoming the largest omnibus energy bill in memory for the Maryland General Assembly.

The $150 annual ratepayer rebate gets the headlines. What matters more for GR professionals is what the bill does to the regulatory environment that every Maryland utility now operates in.

The bill imposes a one-year moratorium on forecasted ratemaking — the method utilities use to recover costs based on projected future infrastructure spending rather than actual dollars already spent. That moratorium hits the Pepco rate case directly. BGE and Delmarva Power face the same constraint.

The bill also establishes new large-load customer rules with data center-specific provisions, requires the PSC to create a registry for large load customers, lowers the threshold at which a data center qualifies for a large load rate schedule, and mandates a clean capacity rating program.

The regulatory implications are not simple. A moratorium on forecasted ratemaking sounds like a win for ratepayers — and in the short term it is. In the medium term, it constrains how utilities make the capital investment case at the PSC, which could slow the grid modernization that data center load growth demands. Every GR team at a Maryland utility is now working through what this means for their next rate filing.

Governor Moore left no ambiguity about where he stands: “Bills aren’t rising because households are suddenly using more power. They are rising because our people are stuck in a system that is actively working against them.”

The Pepco rate case — Case No. 9820 — is the first major proceeding that will be shaped by this new legal environment. Watch the PSC’s implementation guidance, expected by fall 2026. That guidance will set the rules of engagement for every Maryland utility proceeding through at least 2027.


Texas · Rulemaking
410 Gigawatts. That Number Requires Context.

That number deserves its own moment.

410 GW
Large load interconnection requests in the ERCOT queue — against a current Texas peak demand of 85–90 GW. 87% from AI data centers.

The state of Texas currently uses roughly 85 to 90 gigawatts at peak. The data center and AI industry has submitted interconnection requests for more than four times that amount. Not all of it will get built. But even a fraction of it getting built rewires the entire cost allocation calculus for every utility, every ratepayer, and every regulator in the state.

In March 2026, the PUCT voted to publish draft rule 16 TAC §25.194, implementing SB 6’s requirement to create interconnection standards for new loads of 75 MW or greater. The rule has teeth: non-refundable fees of $50,000 per megawatt or more before ERCOT will even begin an interconnection study. Site control documentation. Mandatory disclosure of parallel or affiliated interconnection requests — meaning a company can’t quietly queue up the same project multiple times under different entities.

The data center industry is pushing back on the site control disclosure provisions, arguing they could compromise economic development incentive eligibility. Most states require that a company not be publicly “committed” to a location before an incentive is granted. The PUCT is aware of the tension and has not resolved it.

The large-load interconnection standards rule is targeted for final adoption by July 2026. Everything in the 410-gigawatt queue is waiting for it.

Patrick Rhode — the corporate affairs and government relations professional appointed by Governor Abbott to the PUCT on April 1 — is now sitting on the commission that will finalize these rules. His background is not technical utility. It is stakeholder strategy and infrastructure deal-making. That appointment was not accidental.

The Take

Two states. Two different political environments. One conclusion.

Maryland under a Democratic governor passed the largest energy omnibus in state history — focused on ratepayer relief, utility accountability, and constraining how utilities recover infrastructure costs. Texas under Republican leadership passed binding interconnection standards for data centers with financial teeth that no voluntary federal pledge could replicate.

Both arrived at the same place: the data center industry pays for what it needs. The residential ratepayer does not.

The path matters less than the destination. And the destination is now visible.

The states moving fastest — Texas, Maryland, Arizona — share one characteristic. Their commissions and legislatures stopped waiting for federal guidance, federal standards, or federal enforcement. They built their own frameworks. Those frameworks are now the de facto national template.

Every other state commission watching this unfold has a choice. Build the framework proactively, on your own terms, with the stakeholders at the table. Or wait until the load growth arrives at your border and build it reactively, under pressure, with less leverage and less time.

The 410-gigawatt number is not a Texas problem. It is a preview of what is coming to every major load-growth state in the country. The commissions that have frameworks in place when it arrives will manage it. The ones that don’t will be managed by it.

The GR professional who has already mapped the commission’s posture, identified the key intervenors, and tracked the pending proceedings in their priority states when this wave hits has an asymmetric advantage over everyone else.

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PUC Watch editorial analysis

Trust and provenance

Editorial analysis by Michael-Christopher Warren, published by RegulatorIndex. It is not an official regulatory source.

Published

Sources

Corrections are reviewed against authoritative sources before any public record changes.

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