Proprietary data
Data Center Power & Policy in United States
Every government action on data centers and power in United States that we have verified: moratoriums, grid rules, incentives, tariffs and plans, with the power indicators that drive site selection.
By Amit Jain
Reviewed by Deepti Agrawal
Updated 8 October 2026
In short
As of 8 October 2026, DC Market Insights tracks 13 government actions on data centers and power in United States, 11 of them in force. We have found no moratorium or restriction on new data centers in force in United States. 1 incentive scheme applies: Virginia retail sales and use tax exemption for computer equipment and enabling software purchased or leased for data centers (Code of Virginia 58.1-609.3, subdivisions 18-19).
Market snapshot
United States power and policy: key facts
- Industrial electricity price: 86.2 USD/MWh (2025). Rank 10 of 12 tracked countries, highest first.
- Renewable share of electricity generation: 24% (2025). Rank 9 of 16 tracked countries, highest first.
- Grid emission factor: 0.35 kgCO2/kWh (2023). Rank 7 of 12 tracked countries, highest first.
- Data centers’ share of electricity demand: 4.4% (2023). Rank 3 of 3 tracked countries, highest first.
- Latest change: ERCOT Data Center State and Community Impacts Request for Information (Governor-directed data center audit) (Office of the Governor of Texas / ERCOT, 3 Aug 2026).
- By type: 4 grid access, 4 plan or strategy, 3 power tariff and 1 regulation.
Power indicators for United States
Latest official figure for each indicator, with earlier years where we have them.
In force now in United States
Grid access (3)
FERC show cause orders to six RTOs/ISOs on large load integration (Dockets EL26-67 to EL26-72)
FERC issued section 206 show cause orders to all six regional grid operators to justify or reform rules for connecting data centers and other large loads, covering study processes, cost shifting, co-location and behind-the-meter generation, and flexible large load service; responses due in 60 days, informational reports in 30 days.
FERC order directing PJM to create rules for co-located large loads (Docket EL25-49-000)
FERC found PJM's tariff unjust and unreasonable for lacking clear rates, terms and conditions for co-located load and directed PJM to revise its tariff to offer transmission service options for customers serving co-located load, including AI data centers; PJM to report by January 19, 2026 on proposals to add generating capacity faster.
Texas Senate Bill 6 (89th Legislature): planning, interconnection, operation and costs of service for large load customers
Enrolled bill (Acts 2025, 89th R.S., ch. 953) sets rules for planning, interconnection and operation of large loads in ERCOT; directs the PUC to set a demand threshold of 75 MW for large load standards and requires that new large loads allow curtailment during firm load shed. Senate passed March 19, 2025; House passed with amendments May 27, 2025; Senate concurred May 29, 2025. The House Research Organization analysis says much of the expected demand growth it addresses comes from data centers.
75 MW large load threshold Demand threshold the PUC must set under new PURA 37.0561(c)
Power tariff (3)
AEP Ohio (Ohio Power) Data Center Tariff settlement adopted by the PUCO
PUCO adopted Ohio Power's 2024 Data Center Tariff settlement on July 9, 2025; tariff effective July 23, 2025. Billing demand is at least 85% of the highest monthly billing demand in the past 11 months or a share of contract capacity; contract term equals the load ramp period (max 4 years) plus 8 years; data centers of 25,000 kW or more pay a load study fee.
85 % minimum billing demand Share of highest monthly billing demand in previous 11 months
Oregon House Bill 3546 (2025): classification of service for large energy use facilities (POWER Act)
Directs the Oregon PUC to create a separate classification of service for large energy use facilities (20 MW or more, primarily engaged in NAICS 518210 computing infrastructure, data processing and web hosting services) with tariffs that assign serving costs to those facilities; requires contracts of 10 years or longer and PUC reporting. The study and reporting requirements are repealed on January 2, 2035. Legislative staff tie the bill to the electricity needs of data centers. (source gives year only)
20 MW facility threshold Large energy use facility threshold
Georgia PSC rule on minimum billing and contract terms for new large-load customers (Georgia Power)
Georgia PSC rule allowing minimum billing requirements and longer contract terms for new large-load customers so data centers continue paying for new infrastructure; Georgia Power must provide the PSC all new data center contracts at least 30 days before execution. (source gives month only)
Incentive (1)
Virginia retail sales and use tax exemption for computer equipment and enabling software purchased or leased for data centers (Code of Virginia 58.1-609.3, subdivisions 18-19)
Exempts data center computer equipment and enabling software from sales and use tax from July 1, 2010 to June 30, 2035 where the data center brings at least $150 million of new capital investment (from Jan 1, 2009) and at least 50 new jobs; reduced to $70 million and 10 jobs in distressed localities. Subdivision 19 allows extension through June 30, 2040 ($35 billion, 1,000 jobs) or June 30, 2050 ($100 billion, 2,500 jobs).
150 USD million minimum capital investment Reduced to USD 70 million in distressed localities; extensions to 2040/2050 for larger investments
Regulation (1)
ERCOT Data Center State and Community Impacts Request for Information (Governor-directed data center audit)
On August 3, 2026 the Governor of Texas directed the PUCT and ERCOT to obtain information on data center impacts; ERCOT's RFI applies to developers of data centers of 25 MW or more seeking ERCOT interconnection, with responses due October 12, 2026 and a report targeted for December 10, 2026.
25 MW data center RFI threshold Applies to data centers 25 MW or more
Plan or strategy (3)
Georgia PSC certification of 9,985 MW of new Georgia Power generation (large-load certification)
On December 19, 2025 the Georgia PSC approved an agreement certifying construction of 9,985 MW of new generation, about 80% expected to serve data centers, with protections for existing ratepayers if data center load falls short.
9,985 MW new generation certified About 80% expected to power data centers
America's AI Action Plan
White House AI Action Plan released July 23, 2025; among key policies it calls for expediting and modernizing permits for data centers and semiconductor fabs and new initiatives for electricians and HVAC technicians.
Executive Order 14318: Accelerating Federal Permitting of Data Center Infrastructure
Executive order to speed federal permitting for AI data centers and related infrastructure. Defines Data Center Projects as facilities needing over 100 MW of new load for AI; Qualifying Projects include those with at least $500 million capex. Directs Commerce to launch financial support (loans, loan guarantees, grants, tax incentives, offtake) and use federal land for data centers.
100 MW new load threshold Minimum new load for a Data Center Project
Announced and proposed
Measures that are not yet in force. Status changes when the rule takes effect or is withdrawn.
Advance Notice of Proposed Rulemaking on Interconnection of Large Loads to the Interstate Transmission System (FERC Docket RM26-4-000)
ANOPR initiated by the U.S. Secretary of Energy in October 2025 asking FERC to consider reforms for connecting large loads to the transmission system; FERC cites increasing demand from data centers and said on April 16, 2026 it would act by June 2026. No final rule in RM26-4 was found; FERC acted via June 2026 show cause orders. (source gives month only)
DOE site selection for AI data center and energy infrastructure development on federal lands
DOE selected four sites (Idaho National Laboratory, Oak Ridge Reservation, Paducah Gaseous Diffusion Plant, Savannah River Site) to invite private sector partners to develop AI data center and energy generation projects.
4 sites Number of DOE sites selected
Timeline of data center and power policy in United States
| Date | Action | Type | Status | Authority |
|---|---|---|---|---|
| 3 Aug 2026 | ERCOT Data Center State and Community Impacts Request for Information (Governor-directed data center audit) Texas | Regulation | In force | Office of the Governor of Texas / ERCOT |
| 18 Jun 2026 | FERC show cause orders to six RTOs/ISOs on large load integration (Dockets EL26-67 to EL26-72) | Grid access | In force | Federal Energy Regulatory Commission |
| 19 Dec 2025 | Georgia PSC certification of 9,985 MW of new Georgia Power generation (large-load certification) Georgia | Plan or strategy | In force | Georgia Public Service Commission |
| 18 Dec 2025 | FERC order directing PJM to create rules for co-located large loads (Docket EL25-49-000) PJM | Grid access | In force | Federal Energy Regulatory Commission |
| 1 Oct 2025 | Advance Notice of Proposed Rulemaking on Interconnection of Large Loads to the Interstate Transmission System (FERC Docket RM26-4-000) | Grid access | Proposed | Federal Energy Regulatory Commission / U.S. Department of Energy |
| 24 Jul 2025 | DOE site selection for AI data center and energy infrastructure development on federal lands | Plan or strategy | Announced | U.S. Department of Energy |
| 23 Jul 2025 | America's AI Action Plan | Plan or strategy | In force | The White House |
| 23 Jul 2025 | Executive Order 14318: Accelerating Federal Permitting of Data Center Infrastructure | Plan or strategy | In force | The White House |
| 9 Jul 2025 | AEP Ohio (Ohio Power) Data Center Tariff settlement adopted by the PUCO Ohio | Power tariff | In force | Public Utilities Commission of Ohio |
| 29 May 2025 | Texas Senate Bill 6 (89th Legislature): planning, interconnection, operation and costs of service for large load customers Texas | Grid access | In force | Texas Legislature |
| 1 Jan 2025 | Oregon House Bill 3546 (2025): classification of service for large energy use facilities (POWER Act) Oregon | Power tariff | In force | Oregon Legislative Assembly |
| 1 Jan 2025 | Georgia PSC rule on minimum billing and contract terms for new large-load customers (Georgia Power) Georgia | Power tariff | In force | Georgia Public Service Commission |
| 1 Jul 2010 | Virginia retail sales and use tax exemption for computer equipment and enabling software purchased or leased for data centers (Code of Virginia 58.1-609.3, subdivisions 18-19) Virginia | Incentive | In force | Virginia General Assembly |
How United States compares
Latest official figures for the countries we track.
| Country | Industrial power price | Renewable share | Grid emission factor | Restrictions in force | Incentives in force |
|---|---|---|---|---|---|
| Australia | — | 39% (2025) | — | 0 | 2 |
| Bangladesh | — | 2% (2025) | — | 0 | 0 |
| France | 104 USD/MWh (2025) | 27% (2025) | 0.02 kgCO2/kWh (2025) | 0 | 1 |
| Germany | 180 USD/MWh (2025) | 58.8% (2025) | 0.34 kgCO2/kWh (2025) | 1 | 0 |
| India | 82.1 USD/MWh (2025) | 28.7% (2026) | 0.68 kgCO2/kWh (2025) | 0 | 5 |
| Indonesia | 62.9 USD/MWh (2024) | 16.3% (2025) | 0.68 kgCO2/kWh (2024) | 0 | 1 |
| Ireland | 234 USD/MWh (2025) | 41.3% (2024) | 0.20 kgCO2/kWh (2025) | 2 | 0 |
| Japan | — | 23.1% (2024) | 0.45 kgCO2/kWh (2024) | 0 | 0 |
| Malaysia | 105 USD/MWh (2026) | 21% (2025) | 0.74 kgCO2/kWh (2024) | 1 | 1 |
| Netherlands | 148 USD/MWh (2025) | 49% (2025) | 0.20 kgCO2/kWh (2024) | 4 | 0 |
| Pakistan | 97.5 USD/MWh (2026) | 34.7% (2025) | — | 0 | 1 |
| Singapore | 189 USD/MWh (2025) | 2.1% (2024) | 0.40 kgCO2/kWh (2024) | 0 | 0 |
| South Korea | — | 9.8% (2025) | — | 0 | 0 |
| United Arab Emirates | 120 USD/MWh (2026) | 8.8% (2024) | 0.47 kgCO2/kWh (2024) | 0 | 0 |
| United Kingdom | 234 USD/MWh (2026) | 52.1% (2025) | 0.15 kgCO2/kWh (2026) | 1 | 1 |
| United States | 86.2 USD/MWh (2025) | 24% (2025) | 0.35 kgCO2/kWh (2023) | 0 | 1 |
Questions
Is there a data center moratorium in United States?
We have found no moratorium or restriction on new data centers in force in United States as of 8 October 2026. Proposed or announced measures, if any, are listed in the timeline.
What incentives does United States offer data centers?
In force: Virginia retail sales and use tax exemption for computer equipment and enabling software purchased or leased for data centers (Code of Virginia 58.1-609.3, subdivisions 18-19). Each is listed with its authority and dates on this page.
What does electricity cost for data centers in United States?
The industrial electricity price in United States was 86.2 USD/MWh in 2025 (EIA annual average retail price, industrial sector, 8.62 US cents/kWh = 86.2 USD/MWh (x10); already USD, no FX). Data center contracts can differ by voltage level, contract length and location.
How much of United States’s electricity is renewable?
Renewables supplied 24% of electricity generation in United States in 2025.
Where does this data come from?
Each action comes from a page we opened: a law, regulation, gazette notice, ministry or regulator release, grid operator notice or investment agency page, and only when official text is not available a company or trade publication. A second analyst re-opens the source before an item is published. Government sources are linked on the page; all sources come with the Excel data.
What counts as a restriction or moratorium?
A government or grid operator rule that stops, pauses, caps or conditions new data center capacity or grid connections, for a country or a region within it. Proposals are shown as proposed until they take effect.
How are power prices compared?
We use each country’s official statistics for industrial or non-household electricity, converted to US dollars per MWh at the average rate for the year where needed, and show the year and source. Contract prices for data centers can differ.
How often is it updated?
Countries are reviewed on a rolling schedule and changes are added as they are announced. Each item shows the date of the action.
Choosing a market or a site?
Our analysts prepare country briefings on power, grid access, incentives and permits, with every source, in Excel.