The Shortcut That Built Its Own Wall
Washington's national-security shortcut keeps clearing the legal barriers to AI data centers — and every institution it bypasses answers with rules that will outlast the orders that triggered them.
In October, Energy Secretary Chris Wright directed the Federal Energy Regulatory Commission to speed up grid connections for large loads — a direct order to clear the path for AI data centers. [1] Former FERC Chairman Mark Christie objected in the strongest terms.
an unprecedented expansion of federal control and intrusion on the states' historic retail regulatory authority — Mark C. Christie
That was the noise. The signal came months later, when FERC did move — not to waive anything, but to order six grid operators to make data centers pay the full cost of the grid upgrades they trigger. [2] FERC's stated concern was narrower than any grand strategy.
We are setting the stage for a resilient, reliable and forward-thinking grid that empowers communities and safeguards consumers by transforming the way large energy users access the grid. — Federal Energy Regulatory Commission
The shortcut tried to remove a barrier; the institution replaced it with a harder one. The EPA answered the same kind of direct override the same way. Developers filed more than 500 applications for national-security exemptions from Clean Air Act rules; the agency approved roughly a third. [3] Then it wrote a pre-permit construction rule that lets data centers pour foundations before their air permit clears — while leaving the final permit decision exactly where it was. [4] Those two were answering the shortcut itself. The rest of the system was answering what the shortcut accelerates: the physical load of data centers arriving faster than the grid can absorb them. The mechanism differs; the result is the same. PJM, the largest grid operator, filed a proposal making data centers that don't bring their own generation the first to lose power in a shortage. [5] MISO filed a framework creating a new category for computational loads over 50 megawatts, with monitoring and ride-through requirements. [6] Oklahoma passed a unanimous, bipartisan law requiring 75-megawatt-plus facilities to fund their own power plants and substations; Wisconsin required full cost recovery; Oregon added a surcharge. [7] The industry isn't fighting any of this. It's complying — by leaving the grid. BloombergNEF puts on-site gas generation at $21.5 to $43.2 per megawatt-hour, against a forecast 2027 industrial electricity price of $88.6. [8] The rules raise the cost of plugging in at the same moment generating your own power became cheaper than buying it. Off-grid stops being a bridge and becomes the economics. The asymmetry is what matters. An executive order vanishes with a signature. A FERC tariff order has to be reopened in a new proceeding. A state law needs a legislature to repeal it. A grid-operator framework needs a filed revision. The shortcut was fast and reversible; the response is slow and durable. Whatever the next administration does, the rules will still be there.
- 1. Energy Secretary Directs FERC to Speed Data Center Grid Connections
- 2. FERC Orders Six Grid Operators to Reform Large Load Access
- 3. Novva and Thunderhead Seek EPA Environmental Rule Exemptions
- 4. EPA Proposes Pre-Permit Construction Rule to Boost AI Infrastructure
- 5. PJM Proposes Power Cuts for Unsupported Data Centers
- 6. MISO Proposes New Grid Reliability Rules for Data Centers
- 7. US States Implement New Power Tariffs for Data Centers
- 8. Data Center Developers Adopt On-Site Gas Power to Bypass Grid