When tech giants build massive data centers to power AI, they're often negotiating confidential deals with utilities that few people will ever see — but that everyone might pay for. 

Harvard legal expert Ari Peskoe has uncovered a pattern across 40 state regulatory proceedings: special contracts between utilities and data centers being approved with minimal public scrutiny, potentially shifting billions in infrastructure costs to regular ratepayers.

With tech companies planning up to $1 trillion in spending on AI infrastructure, some utilities project their energy sales could nearly double by 2030. Are state regulators allowing utilities and tech companies to ink billion-dollar contracts, and pass the costs on to ratepayers without transparently proving the system-wide benefits?

This week, Ari Peskoe, Director of the Electricity Law Initiative at Harvard Law School, joins us to talk about the new report he co-authored, “How Utility Customers Are Paying for Big Tech’s Power.”

This hidden cost transfer is just one front in a broader battle over energy regulation. At the federal level, the White House is making an unprecedented grab for control over FERC, the independent commission governing interstate energy markets.

Meanwhile, another executive order gives the Department of Energy extraordinary authority to force struggling coal plants to stay open regardless of economics — creating what critics describe as a consumer-funded bailout for uneconomic generation. We talk with Ari about how these regulatory battles are shaping up, and why they could be so damaging.

Open Circuit is supported by Kraken, the only proven, AI-powered operating system for utilities. Learn how Kraken helps unlock excellent customer experiences, increased innovation and reduced operational costs at kraken.tech.

Open Circuit is brought to you by On.Energy. As one of the fastest-growing battery storage IPPs, On.Energy delivers turnkey resiliency solutions for utilities and enterprise customers. Whether you’re managing data centers or local grids, we help bring storage to your fleet. Learn more at on.energy.

Credits: Co-hosted by Stephen Lacey, Jigar Shah, and Katherine Hamilton. Produced and edited by Stephen Lacey. Original music and engineering by Sean Marquand.

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