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After the Texas data center shutdown, hundreds of millions of dollars in grid deposits are still in doubt

Interviews with over a dozen data center companies and attorneys reveal that after spending tens or even hundreds of millions to connect to Texas' grid, companies in the Lone Star State are now at risk of losing their deposits if they don't have a way to power their server warehouses. The Texas Governor Greg Abbott's decision to halt data centers this week has put the future of artificial intelligence infrastructure in one of the fastest-growing markets on the planet into doubt. Those with data center plans are now forced to decide whether they want or need their projects, which can be multi-billion dollar projects. Abbott's directive calls for audits of proposed data centers in the state, which would require more electricity than is required to power the entire U.S. South. The governor did not give a timeline for completing this audit, despite claiming that it was to protect "Texans’ safety and quality-of-life". The state grid operator paused its newly-established program, Batch Zero, to study and decide whether or not to connect data centres to the electrical network, following the announcement by the governor.

According to Butler Snow, in order to be considered for Batch Zero, a number of data center projects had to provide $50,000 as security for every megawatt their grid-connected project. Data center projects are paused ahead of the September meeting of state regulators, which may result in an increase in nonrefundable data center interconnection deposit amounts. According to data center companies, and their lawyers, an early draft of the Public Utility Commission of Texas' rule would change the nonrefundable portion of data center deposits from 20% to 80%. However, these figures are not yet finalized. Texas is expected to surpass Virginia by 2030 as the largest hub for data centers in the world. This is due to its land, abundant power and business-friendly climate. Some companies have already invested more than $100,000,000 in projects announced by the state. This money could be non-refundable under the new PUC rules that may take effect next month.

John Crossley, managing partner of corporate law firm K&L Gates?that advises on data center projects, said: "The rub is that no one knows how long it will take."

The Governor's Office did not reply to a further request for comment. His directive comes in response to a?increasing amount of scrutiny on data centers that?are used as cloud storage and artificial-intelligence compute and their impact on the electrical grid. Grid operator ERCOT reported in June that they were tracking over 400,000 megawatts in proposed data center capacity seeking to connect. However, it is unclear how much total deposit was collected for Batch Zero.

Multiple other transactions - including land leases - which lay the foundations for major data centre projects to be realized are dependent on project approvals via the Batch Zero Process, putting these projects at risk.

Data center companies and their supporters?say that they want more guidance on how to proceed from the?state, but there is not a rush to cancel projects.

Cameron Poursoltan is the director of energy policy for the Data Center Coalition in Texas, a trade association with around 50 members.

(source: Reuters)