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Jeffrey Wernick's avatar

A customer today cannot sue when the lights go out. The utility's terms exclude liability for interruptions. He cannot switch, because one company owns his territory. He cannot pay for better service or accept worse for less, because everyone pays the same rate. He can complain to a commission that also guarantees the utility gets its money back. Regulation removed his seat at the table.

Without a regulator, the utility pays when service fails. It will negotiate hard with any customer whose equipment can drop 1,500 megawatts in an instant. Today that loss lands on other customers. Make it land on the utility and the ride-through terms get written without anyone ordering them.

A hospital and a car wash now buy the same reliability at the same price. Let them choose. The hospital pays more for firm service with damages if it fails. The car wash takes cheaper service that can be cut. Each has told the utility what reliability is worth to him. That information does not exist today.

Insurance answers who checks the data center's controls. An insurer covering a large facility cannot price the risk without knowing how the equipment behaves, so it demands the data. Money at stake, no politics. Electrical safety standards were built this way, by fire insurers who needed to know what was safe.

Customers can own the utility. Nine hundred rural electric cooperatives already do. The customer and the owner are the same person.

Data centers already sell what they want guaranteed. Cloud companies sell uptime commitments and pay when they miss, under standards written privately. Large industrial customers have negotiated interruptible contracts for decades. Any customer big enough to bargain already bargains. Regulation stops everyone smaller.

Someone can benefit from a stable grid without paying for it. Access can be conditioned on behavior and withdrawn. A single large customer at a weak point on the network has leverage and can charge for behaving well. Nothing fixes that. It makes the charge visible instead of buried in a rate case.

Building your own generation, or a private line to a neighbor, is how a customer leaves. That is restricted nearly everywhere. Franchise monopolies, standby charges, rules against selling power across a property line. The regulator's main function is not speaking for the absent customer. It is keeping him from leaving.

Todd Royer's avatar

This is a fascinating example of how a problem that is easy to imagine becomes much more consequential once the real operating details are visible. A data center dropping hundreds of megawatts almost instantly is not simply protecting itself; it can convert a manageable disturbance into a system-wide imbalance. Your distinction between complete and partial ride through makes the emerging bargain especially concrete.

I wonder, though, how this Coasean opportunity interacts with the political circumstances now surrounding many data-center projects. A local utility may be trying to negotiate telemetry, retained load, recovery ramps, and equipment responsibilities while simultaneously facing a hostile public, local officials considering a moratorium, and a hyperscaler perceived as having imposed the project from outside.

These are admittedly different issues, but they may collide institutionally. A temporary moratorium could create time for the utility and data-center operator to work through ride-through details. It could also push the parties further apart, harden political positions, and delay the bargaining needed to make the project safer.

Does the Coasean bargain work best before the political conflict reaches that stage—and should ride-through obligations become part of the public interconnection discussion rather than remaining largely technical negotiations between the utility and the customer?

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