Plain-English framing: a 'tariff' is the legally-approved schedule of rates and terms a regulated utility uses to serve a class of customer. When a utility wants to serve a giant new customer type, it usually files a custom tariff with the state commission. The fight in every state is who pays for the new generation capacity needed — the new customer (data center) or all the existing ratepayers (residents and small businesses). Wisconsin's PSC took We Energies' filing and tightened it in the customer-protective direction on three axes at once. The 100% cost-allocation is the financial headline: a 1.5 GW campus that previously could externalize 25% of new-plant costs onto Milwaukee residents now bears the full cost itself. That changes the levelized cost of power for the project materially — back-of-envelope on a $2B / GW gas plant that's an extra $500M of CapEx the project now carries. The 100 MW threshold is the design lever other commissions will copy. We Energies filed 75 MW. The PSC chose 100 MW. That number now becomes the precedent the next utility's filing in (say) Indiana, Ohio, or Iowa has to argue against. Expect to see '100 MW' in subsequent tariff dockets nationwide. The 15-year contract minimum is the under-rated provision. It locks the data center to the load and the utility to the generation for the term, which both protects ratepayers from stranded-asset risk AND constrains the data center's ability to move workloads / unwind a site. For developers used to 10-year commitments, this is a real CapEx-flexibility tax. Sources: WTMJ 'We Energies data center rate plan gets approval, with major changes' (April 26); Wispolitics 'PSC ruling requires data centers to cover costs of new We Energies power generation'; Data Center Knowledge 'Wisconsin's Data Center Tariff Signals a New Regulatory Baseline'; WisBusiness 'Regulators reject proposal to have ratepayers share data center power plant costs'; Urban Milwaukee 'State Regulators Change We Energies' Data Center Rates to Protect Customers'; Clean Wisconsin 'State regulators make substantial modifications to We Energies' AI data center tariff plan'.
Primary source · Wisconsin PSC / WTMJ / Data Center Knowledge / Wispolitics ↗
Why it matters
This is the cleanest precedent of the year for what 'protective' data-center tariffs will look like in the rest of the country, and the three parameters — cost-allocation %, MW threshold, contract length — are now the variables every state's next docket will fight over. For Cliff's underwriting product this means: (1) Every parcel-level economics view needs a 'tariff exposure' field showing the local utility's data-center tariff status — pending, approved, or absent — with the WI 100% / 100 / 15 as the new presumptive worst-case. A developer comparing two parcels in different states needs to see the implied LCOE delta between a WI-style 100% tariff and a legacy-style 75% tariff. (2) The 100 MW threshold creates an obvious 'just under the line' siting strategy — split a 200 MW campus into two 95 MW phases — which is exactly the kind of structuring play that should be made visible automatically in the tool. (3) Track which states' next data-center tariff dockets cite Wisconsin as precedent: this is how you predict where the floor moves next. Likely next states: Indiana (AEP), Ohio (AEP / FirstEnergy), Iowa (MidAmerican / Alliant), Georgia (Georgia Power has a docket already pending), Michigan (DTE).
Related filings
Data Center Watch Q1 2026 report $130B blocked/delayed 3 months matches all 2025 / 75+ projects across 49 states / 833 active opposition groups 2.1x from 396 Dec 2025 / 69+ local government bans by May 2026 / 70% Americans oppose nearby DC up from ~50% late 2025 20pp shift 6 months / Seattle 1-year pause 5 projects / WFYI Jul 6 Indiana investigation / 11 counties ordinances / 17+ counties moratoriums / Marshall + Cass permanent bans / ~1/3 of 92 IN counties restrict / state vs local direction divergence IN PA WI
Plain-English framing of why these two data drops together are the story of the last week. Individual moratorium votes and lawsuits are anecdotes; the macro numbers tell you whether the anecdotes are a scattered pattern or a directional trend. Both data drops...
MI Penn Twp / IN Washington / FL Nassau / WI Sheboygan
Three more entries in the local-moratorium tape, each illustrating a different sub-pattern. Penn Township MI: pure preemptive moratorium with no land sold and no developer named. The Diamond Lake Association (the local lake-property-owner organization) drove...
WNDU / WSBT / IPM News / Washington Times-Herald / News4Jax / Seehafer News ↗
PA + OR + WI + FL / 14-day cluster
Three regulatory events in the same 24-hour window on May 8 — Pennsylvania PUC's model-tariff vote, PPL Electric's pending rate-case settlement (filed March 13, ALJ recommendation April 17, effective July 1), and Oregon PUC's PGE Schedule 96 directive —...
WHYY / WESA / Utility Dive / KGW / KOIN / Beaver County Radio / RTO Insider ↗
CO HB 1030 / killed 11-2
HB 1030 was Colorado's primary 2026 attempt to attract data-center investment via tax incentives — the bill was first introduced in January and modeled loosely on the sales-and-use exemption regimes that Texas, Virginia, Georgia, Ohio, Iowa, Nebraska, and...
KUNC / CPR News / The Colorado Sun / The Durango Herald ↗