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Illinois cracks down on data center electrical power users with new deposit rules

Commonwealth Edison tariff changes aim to shield ratepayers from speculative megaprojects

Illinois Commerce Commission chairman Doug Scott

Illinois regulators are tightening the screws on data center developers as a wave of electrical power-hungry projects reshapes the state’s energy landscape.

The Illinois Commerce Commission approved new rules requiring significantly larger upfront deposits from large electricity users, targeting developers whose projects strain the grid but don’t always get built, the Chicago Tribune reported. The move is aimed squarely at data centers, which now dominate the pipeline of major power requests across northern Illinois.

Under the revised Commonwealth Edison tariff, developers of projects requiring 50 megawatts or more — roughly the scale of modern data centers — will face escalating financial commitments before securing power. The base application deposit remains $1 million, but projects exceeding 200 megawatts will now tack on an additional $500,000 for every 100-megawatt increment, according to the outlet.

More consequential is a shift in how infrastructure costs are handled. Developers will now be required to front not just connection costs, but also the expense of building out new substations and transmission infrastructure — a tab that can run into the tens of millions of dollars per project, according to the publication.

The policy reflects a growing concern that speculative projects are driving costly grid expansions, leaving ratepayers exposed when developments stall. Under the new framework, ComEd can retain deposits from projects that fail to materialize or underperform, using the funds to offset stranded infrastructure costs.

The changes come as demand from large-load users surges. ComEd says it has roughly 100 such projects in its pipeline, representing about 35,000 megawatts of potential demand — more than double its current peak load if fully realized, according to the outlet. Most of those proposals are tied to data centers, whose energy needs have ballooned alongside the growth of AI and cloud computing.

That demand is already rippling through electricity prices. Capacity costs in the PJM Interconnection market, which supplies power to ComEd customers, have hit record highs in recent auctions, according to the publication, with data center growth cited as a primary driver.

The new rules could slow the pace of speculative data center development by raising barriers to entry, while also favoring well-capitalized players able to absorb higher upfront costs, according to the outlet. At the same time, they signal a broader shift toward making large users — rather than households — bear the financial burden of grid expansion.

Regulators aren’t done yet. The commission also ordered a formal investigation into additional protections for ratepayers, with new policies expected later this year.

Eric Weilbacher

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