AI and the Grid: Meeting Growing Power Demand While Protecting Ratepayers

US-China Technology CompetitionHouse Energy and Commerce Subcommittee on Energy · 2026-04-29 · 119th Congress
The House Energy and Commerce Subcommittee on Energy held this legislative hearing to review several bills addressing how the power grid should meet surging electricity demand from AI data centers while protecting residential ratepayers, including the Ratepayer Protection Act, the Load Forecasting Enhancement Act, the Fair Allocation of Interstate Rates (FAIR) Act, and the Advanced Transmission Technologies to Reduce Rates Act. Begins at 0:18:32
Transcript
Highlights

Title

Legislative Hearing on Bills to Protect Ratepayers from Data Center Growth

Purpose

The House Energy and Commerce Subcommittee on Energy held this legislative hearing to review several bills addressing how the power grid should meet surging electricity demand from AI data centers while protecting residential ratepayers, including the Ratepayer Protection Act, the Load Forecasting Enhancement Act, the Fair Allocation of Interstate Rates (FAIR) Act, and the Advanced Transmission Technologies to Reduce Rates Act. Four witnesses testified on cost allocation, transmission planning, and grid efficiency: Nick Myers (Arizona Corporation Commission), Tom Falcone (Large Public Power Council), Whitney Muse (Muse Energy), and Nelson Peeler (Duke Energy). Begins at0:18:32

Who spoke

Chairman Bob Latta (R-OH)0:18:32: Opened by citing NERC's projection of 224GW peak demand growth against 105GW of retiring dispatchable generation, a 329GW shortfall0:20:53; later pressed witnesses on insulating ratepayers from data center costs1:27:36 and on federal versus state transmission permitting2:02:24.

Rep. Kathy Castor (D-FL), Ranking Member0:22:34: Said the grid operates at only 53% of capacity on average and that boosting utilization could save ratepayers over $100 billion over a decade0:24:46; argued data centers must pay for their own grid upgrades rather than shift costs to families0:26:46.

Rep. Brett Guthrie (R-KY), Full Committee Chairman0:27:41: Argued data center growth, done right, lowers community costs through grid modernization and tax revenue0:29:50; said data centers should pay for the load they bring onto the system0:30:46.

Rep. Frank Pallone (D-NJ), Ranking Member of Full Committee0:31:14: Said electricity prices have risen as much as 13% under the current administration0:31:43; criticized the FAIR Act as partisan and said Republicans rejected including Rep. Peters' Speed and Reliability Act0:34:350:35:24.

Nick Myers, Chairman, Arizona Corporation Commission0:37:15: Testified Arizona's principle is "growth needs to pay for itself" via tariffs plus energy service agreements with financial security instruments0:37:380:38:07; noted disagreement over defining "large load" between 20MW and 100MW0:39:05; later said his commission does not see a need to federalize transmission permitting in the West2:02:24.

Tom Falcone, President, Large Public Power Council0:41:46: Said LPC members power about 18% of the nation's AI/data center load and will invest over $167 billion over the next decade0:42:54; argued load forecasts must distinguish committed from speculative load and costs must follow cost causation0:43:410:44:11.

Whitney Muse, President, Muse Energy0:46:39: Said the FAIR Act would "block and significantly stymie" needed interregional transmission0:49:46; supported the Ratepayer Protection Act's principle but said the large-load definition needs refinement0:49:18.

Nelson Peeler, SVP Grid Strategy, Duke Energy0:50:39: Said Duke is investing more than $100 billion over five years to add 14GW of capacity0:52:50; argued transmission and generation must be planned together and that new large-load customers should pay the full cost of serving them0:52:222:00:35.

Rep. Buddy Carter (R-GA)1:39:08: Asked how to balance consistent federal policy with regional differences in market structure1:40:03.

Rep. Scott Peters (D-CA)1:43:47: Argued the FAIR Act's undefined "state policy" language could be misused, and pushed for a FERC interregional planning rule, citing NERC's finding that 35GW of interregional transfer capability is needed while only ~4GW has been built since 20141:46:041:46:34.

Rep. Ashley Hinson (R-IA)1:49:23: Cited China building 25 times more gigawatt-miles of transmission per dollar invested than the U.S.1:51:54; pushed for a NEPA categorical exclusion for re-conducting within existing rights-of-way1:50:34.

Rep. Frank Pallone (D-NJ)2:14:16: (second round) Pressed Muse on DOE's Grid Deployment Office programs, including the $10.5 billion GRIP program and $2.5 billion Transmission Facilitation Program2:17:342:19:01.

Rep. Troy Balderson (R-OH)2:19:48: Asked about the risks of inaccurate load forecasting causing under- or over-building and stranded costs2:21:14.

Rep. Jen Kiggans (R-VA)2:24:46: Discussed Virginia's Dominion large-load rate class and Arizona's tariff experience given Virginia's more than 600 data centers2:27:18; raised concerns about the FAIR Act's broad "covered policy" definition potentially sweeping in unrelated state/local policies2:28:51.

Rep. Gary Palmer (R-AL)2:30:17: Pressed on repurposing shuttered coal plant sites and existing transmission infrastructure for small modular reactors to power data centers and surrounding communities2:31:422:33:54.

Rep. Lateefah Simon (D-CA)2:35:17: Criticized Republicans for cutting clean-energy tax credits and canceling DOE GRIP grants, citing a $600+ million California GRIP-funded transmission project2:38:38.

Rep. Diana Harshbarger (R-TN)2:41:00: Highlighted her Affordable Innovation for the Grid Act and cited an operator cutting interconnection study time from nearly two years to ten days using AI2:41:23.

Rep. Paul Tonko (D-NY)2:46:14: Discussed his Power for the People Act and pressed on setting the "large load" threshold at 50MW versus 100MW2:49:13.

Rep. Laurel Lee (R-FL)2:51:05: Asked about Florida Power & Light's proactive large-load cost-recovery approach and DOE clearinghouse concepts2:51:34.

Rep. Kim Schrier (D-WA)2:55:53: Noted her district's utility bills are up nearly 15%, and asked how Washington public utility districts protect ratepayers as data centers move in2:58:05.

Rep. Craig Goldman (R-TX)3:00:58: Yielded time to Rep. Fedorchak; separately asked about permitting reform as the top single fix for balancing reliability and new demand3:03:32.

Rep. Julie Fedorchak (R-ND)3:01:20: Presented North Dakota data showing $30 million in savings over three years, about $250 per customer annually, from large-load rate design2:11:03; got all four witnesses to agree it's unfair for Americans to pay for infrastructure upgrades caused by large loads2:09:16.

Rep. Mike Carey (R-OH)3:05:46: Discussed his Protecting Families from AI Data Center Energy Cost Act directing FERC to convene stakeholders, including ratepayer advocates3:06:04.

Rep. Craig Weldon/Vice Chair (R-TX)3:09:34: (Vice Chair recognized from Texas) Pressed Myers and Peeler on whether large-load customer commitments are enforceable and whether localities can trust such promises3:10:543:14:16.

Rep. Michael Rulli (R-TX-07 area)3:14:46: (Gulf Coast Texas member) Raised concerns about the FAIR Act's broad reach into state resilience policies for hurricanes and extreme weather3:15:14.

Rep. Sheri Biggs (R-SC)3:20:39: Highlighted Duke's Robinson nuclear plant's 20-year license renewal and asked about federal versus state permitting authority and nuclear's role in meeting demand3:20:393:24:46.

Rep. Craig Goldman-adjacent Texas member (33rd District)3:26:08: Cited a $5 trillion energy infrastructure deficit and asked how hyperscaler capital could be channeled into grid modernization3:26:58.

Rep. John James (R-MI)3:31:01: Cited a projected $386 billion cost and $228/month increase from Michigan's clean energy mandates, and asked about guardrails to protect ratepayers from data center cost-shifting3:32:413:35:06.

Key moments

Castor said the U.S. grid operates at just 53% of capacity on average and cited studies suggesting increased utilization could save ratepayers more than $100 billion over the next decade0:24:46.

Falcone testified LPC members currently serve about 18% of the nation's AI/data center load and expect to serve roughly 36% of new interconnections over the next five years, with $167 billion in planned infrastructure investment0:42:540:43:03.

Peters challenged the FAIR Act's cost-allocation approach, citing NARUC-referenced criteria from the Manchin-Barrasso Energy Permitting Reform Act (reliability, congestion, losses, carrying capacity, reserves, access to lower-cost generation) as more objective benchmarks, and noted that bill passed the Senate committee 15-41:46:341:47:03.

Rep. Fedorchak's line of questioning got Myers, Falcone, Muse, and Peeler to each agree it is unfair for Americans to pay for large-load infrastructure upgrades, while all four also agreed large loads have shown willingness to pay2:09:482:10:17.

Sharp exchange between Rep. Menendez-area Democrat (NJ-08) and panel: witnesses split on Dr. Eric Schmidt's prior testimony that China's aggressive renewable buildout is essential to competing in AI — Peeler and Muse said "yes," Myers said "to a certain degree" no, prompting pushback that Schmidt wasn't calling for renewables-only1:56:241:56:53.

Hinson cited that the U.S. and China spend roughly the same annually on grids, but China achieves 25 times more gigawatt-miles of capacity per dollar invested1:51:54.

Fedorchak presented a graphic showing MDU territory in North Dakota saved over $30 million over three years (about $250/customer annually) by adding 530MW of new large load under a designed rate structure2:11:03.

Muse and Falcone both said the FAIR Act's broad, undefined "state policy" language would significantly slow or "stymie" interregional transmission development0:49:462:17:07.

Simon highlighted a canceled/paused $600+ million GRIP-funded California transmission project (CalHART) and pressed on DOE grant cancellations affecting public utilities like SMUD2:38:382:39:07.

Falcone explained utilities' "no free option" principle: large customers requesting service must make binding financial commitments, comparing it to a developer needing an anchor tenant before building a skyscraper0:44:11.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Energy
Chamber / CongressHouse · 119th Congress
Date2026-04-29
TypeHearing
Witnesses
Mr. Nick Myers — Chairman, Arizona Corporation Commission
Mr. Tom Falcone — President, Large Public Power Council
Mr. Nelson Peeler — SVP of Grid Strategy, Planning and Integration, Duke Energy
Ms. Whitney Muse — President, Muse Energy
Videoyoutube
Transcript381 caption blocks · 28,322 words · 3:36:40 runtime
EventCongress.gov 119189