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PUC Watch · Issue 2

The Ratepayer Protection Pledge is a Press Release Dressed Up as Policy

Texas, Maryland, and Georgia show where enforceable data-center and ratepayer policy is actually being made.

By Michael-Christopher Warren · Published

PUC Watch is published by RegulatorIndex.

The Ratepayer Protection Pledge is a press release dressed up as policy. This issue: what’s actually happening at the commission level — and what it means for practitioners.

The Docket

National · Data Centers
The Ratepayer Protection Pledge Has No Teeth. The Commission Work Does.

On March 4, Amazon, Google, Meta, Microsoft, OpenAI, Oracle, and xAI gathered at the White House and signed a voluntary commitment to cover their own infrastructure costs — ensuring grid upgrade expenses would not be passed to residential customers. No oversight mechanism. No enforcement. The actual work falls where it always has — on state PUCs.

Texas moved first. The PUCT voted on March 12 to publish a draft rule under SB 6 establishing interconnection standards for data centers and large loads of 75 MW or more. The rule requires early-stage financial commitments including a $50,000 per megawatt non-refundable fee, proof of site control through a deed or signed lease before ERCOT will begin an interconnection study, and detailed disclosure of parallel or similar interconnection requests by the same company or its affiliates. Public comments are due April 17. Developers are already warning that the mandatory site control disclosure requirements may compromise eligibility for economic development incentives — which typically require a company to not be “committed” to a location before an incentive is granted. The pledge made headlines. The Texas rules will make law.


Maryland · Legislation + Rate Case
Maryland’s Utility RELIEF Act and the Pepco Rate Case Are on a Collision Course

The Maryland Utility RELIEF Act cleared both chambers this week and is headed to Gov. Wes Moore’s desk for signature, with the General Assembly’s session closing Monday at midnight. House and Senate leaders reached a deal on April 9 after weeks of divergence between the two chambers. The bill delivers $150 in annual ratepayer rebates, caps ratepayer-funded executive compensation at $250,000, eliminates certain utility return adders, and closes loopholes that allow some underground transmission projects to bypass state review.

At the same time, Pepco has filed for a distribution rate increase that would add $11–12 per month to the average Maryland customer’s bill, citing substation upgrades, storm resilience investments, and grid reliability improvements. Virtual public hearings are scheduled for April 14 and April 17. A final PSC decision is expected in August.

The two tracks are running simultaneously — one piece of legislation trying to lower what ratepayers pay, one rate case proposing to increase it. The Maryland PSC will decide the Pepco case independent of the legislature, but the political environment the RELIEF Act creates will shape how commissioners approach that decision. GR professionals with Maryland utility exposure should be tracking both proceedings together, not in isolation.

Commissioner Watch

New Appointment · Texas PUCT
Patrick Rhode
Commissioner · Sworn In April 2, 2026 · Pending Senate Confirmation
Governor Abbott brought the PUCT to its full five-member complement with the appointment of Rhode, sworn in April 2. His career spans service as Special Assistant to the President, Senior Advisor at NASA, senior roles at DHS after 9/11, sixteen years as VP at an international infrastructure company, and most recently running a corporate affairs and development consultancy in Austin advising on strategy, stakeholder engagement, and infrastructure. His background is not technical utility — it’s government affairs and stakeholder strategy. At a commission running the most consequential large-load rulemaking in state history under SB 6, that appointment is deliberate. The April 17 comment deadline on the draft interconnection rule will be among his first major commission actions. Watch his Senate confirmation hearing for early signals on his posture toward data center cost allocation and ratepayer protection.

State Spotlight — Georgia

Georgia · Litigation
The Georgia Power Fight Moves to Fulton County Superior Court

Environmental groups filed a petition for judicial review in Fulton County Superior Court on March 25, asking a judge to overturn the PSC’s December 2025 approval of Georgia Power’s $16 billion expansion plan. The 42-page petition argues the commission ignored the statutory requirement to find a “need” for the resources at the time they begin operating, failed to adopt an official demand forecast, and approved several resources without the mandatory competitive bidding process. The petition also notes that the commission approved 757 megawatts of capacity that even Georgia Power’s own modeling showed was not needed for the 2031 timeframe.

The administrative path was already exhausted. The PSC denied reconsideration in February in a 3-2 vote — Democrats Hubbard and Johnson dissenting, Republicans Shaw, Pridemore, and McDonald voting against. With no further avenue inside the commission, advocates escalated to the courts. Georgia Power called the suit “a simple attempt to create economic and regulatory chaos.” The PSC declined to comment on pending litigation.

The deeper context: Georgia Power claims more than 80 percent of its newly projected large load growth is coming from data centers that have not yet signed contracts. If those contracts don’t materialize, the $50–60 billion in projected costs over the life of the expansion lands on residential ratepayers. That risk is at the center of the lawsuit, the 3-2 vote, and the November 2026 elections in which Peter Hubbard’s seat returns to the ballot. This is the state to watch in 2026.

The Take

The states are doing the work the pledge won’t.

Texas is writing binding rules with $50,000 per megawatt commitment fees. Maryland just passed sweeping utility relief legislation while Pepco simultaneously files for a rate increase. Georgia is in court. California is deciding who pays for $2 billion in transmission upgrades. A voluntary White House pledge with no oversight mechanism doesn’t change any of that — but it may change the political environment around it.

If tech companies have publicly committed to paying their own way, does that make it easier or harder for a commission to hold them to it in a contested rate case? Does a voluntary pledge create a floor that becomes a baseline for litigation? Does it shift the burden of proof in proceedings already open?

Those are the questions that will matter in the next 12 months. The pledge itself is almost beside the point. The state proceedings are where the outcome gets determined — and they’re already underway.

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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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