PA PUC Continues Down Road to Taxation Perdition re Data Centers

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Earlier this month, the Pennsylvania Public Utility Commission (PUC) approved a Tentative Order by a 3-2 vote, proposing a statewide model tariff (tax) to manage the growing impact of large-load customers, such as AI data centers, on the electric grid (see PA PUC Votes 3-2 to Levy New Taxes & Regs on AI Data Centers). The stated goal of the new tariff is to encourage investment and job growth while protecting existing ratepayers from cost-shifts and ensuring reliability. The PUC failed. The proposed order was passed on a partisan basis, with the three Democrat commissioners voting to make it harder and more expensive for data centers to locate in the Keystone State, potentially jeopardizing $92 billion of investments promised to the state related to data centers. The PUC published its flawed proposal in last Saturday's Pennsylvania Bulletin, kicking off a 30-day comment period as a prelude to final adoption.

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