Will Government Regulation Kill AI?: Developments in State and Federal Regulation of Data Centers

May 14, 2026
Forum
C&I and Data Centers , Artificial Intelligence , Policy and Regulation , Bulk Power and Energy Markets , Strategy & Workforce

This panel will discuss the legal challenges and recent regulatory developments that have affected the provision of energy to data centers in recent months.  This is a quickly developing area of law, and one essential to the U.S.’s ability to remain competitive in the world of artificial intelligence.  The panel will address regulations at both the state and federal levels.  For example, the panel will discuss a recent FERC decision denying PJM’s request to approve a proposed amended interconnection service agreement to supply more power to an Amazon Web Services data center using a co-location arrangement.  Former Chairman Phillips dissented from that decision on the ground that refusing to approve agreements like the one at issue there would “creat[e] unnecessary roadblocks for an industry,” namely, AI, “that is necessary for national security.”  The decision is currently pending on appeal before the Third Circuit.  The panel will also address other regulatory developments and will offer a lively and informative conversation about the way regulations at the state and federal level are affecting the ability to provide power to data centers.

Speakers
Trevor Alexander
Trevor Alexander, Chair, Energy Group and Partner - Benesch Friedlander Coplan & Aronoff LLP
Bryce McKenney
Bryce McKenney, Senior Counsel for Regulatory Affairs - NRG ENERGY
Steve Nourse
Steve Nourse, Vice President – Legal - AEP Ohio
Moderator
Jennifer Fischell
Jennifer Fischell, Partner - MoloLamken LLP