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Committee establishes large‑load registry and voluntary "clean capacity" ratings for data centers
Summary
Lawmakers adopted a major Hester amendment to SB 841 creating a registry for large‑load customers (threshold lowered to 25 MW), disclosure requirements for interconnection and water use, and a voluntary gold/platinum clean‑capacity rating that prioritizes entities that provide incremental capacity (storage, on‑site generation or demand response). The amendment passed with recognition that technical fixes are likely in conference committee.
The committee adopted an amendment to Senate Bill 841 that establishes a new regulatory framework for "large load" customers — primarily data centers and similarly sized facilities — including a public‑service commission registry and a voluntary clean‑capacity rating program intended to reduce grid strain and promote on‑site or behind‑the‑meter resources.
The amendment lowers the definition of "large load customer" from the prior 100‑megawatt threshold to 25 megawatts of monthly demand, while explicitly exempting certain categories (hospitals, manufacturing facilities, district heating systems, agricultural facilities and specified industrial uses) so those essential services are not swept into the large‑load tariff. The registry will require, confidentially, disclosure of duplicative interconnection requests, projected peak and annual usage, load ramp profiles, water use and site control status; the Public Service Commission would certify completeness and may charge fees or penalties for failures to register or for intentionally misleading disclosures.
A voluntary clean‑capacity rating creates gold and platinum tiers. A gold rating requires members to demonstrate incremental resources sufficient to cover roughly 80% of assigned peak load (storage, newly connected generation, virtual power plants or demand response); a platinum rating requires a higher coverage level (targeting full or 100% capacity coverage). Participating facilities that meet those standards would receive prioritization for interconnection studies, expedited permitting and certain Department of the Environment processing guarantees; penalties are authorized if a facility signs an agreement and fails to comply. The amendment includes confidentiality protections for commercially sensitive information until a facility becomes operational, while allowing the commission to publish aggregated, load‑serving‑entity level summaries for planning and national‑security aggregation reasons.
Why it matters: Data centers and other very large electricity customers can materially change grid forecasts and interconnection planning. The registry and rating program aim to improve visibility for PJM and the PSC, incentivize on‑site or paired capacity resources, and reduce the risk that large new loads drive reliability or price problems for other customers.
What remains: Sponsors noted the amendment was ‘‘hot off the press’’ and that technical corrections will be needed; members agreed to address unresolved drafting items in future committee meetings or conference committee. The PSC will need to develop the registration process, confidentiality safeguards and any fee structures.
Next steps: The committee adopted the Hester amendment as part of SB 841’s working product; staff and the PSC were asked to prepare the registry implementation details and confidentiality rules for subsequent action.
