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PUC Staff Support AEP Ohio's Sought Interim Relief For Data Center Default Service; Constellation Opposes
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Staff of the PUC of Ohio, subject to certain Staff recommendations, support AEP Ohio's proposed interim relief concerning default service to data centers
As first reported by EnergyChoiceMatters.com (story here), AEP Ohio had proposed a set of principles concerning data centers and the Standard Service Offer (SSO), including several proposals for interim relief, with additional changes subject to a longer collaborative process
Specifically, AEP Ohio had sought the following interim relief:
• If for some reason the RBA [PJM Reliability Backstop Auction] price does not follow the data center customer
MWs when they return to the SSO, a separate procurement or auction
product should be procured for data center load being served by the SSO
(i.e., so that the data centers can pay the full price of their procurement
without impacting the regular SSO price).
• Data center customers should provide 180 days advance notice to AEP
Ohio prior to returning to the SSO, in order to implement solutions being
provided in a timely manner.
• If the data center does not provide sufficient advance notice before
returning to the SSO, spot market purchases will be made during any
period that a separate SSO auction/product can be conducted to serve data
center load.
Staff generally recommends that AEP Ohio’s request for interim relief be granted, subject to the following Staff recommendations
Staff said that data center customers who seek to return to SSO service should pay the full cost of the procurement conducted on their behalf, thereby insulating other SSO customers from any price impacts.
Staff said that, in light of such full cost assignment to data centers, which serves to provide protection to other customers from returning data center loads, Staff opposes any proposal that seeks to conduct a separate data center SSO procurement prospectively (rather than only when a customer is known to be returning) without assurances that any particular customer would be taking service under that tariff.
Staff supports the proposal for spot market purchases to serve returning data centers when an SSO auction is unable to be held, but would oppose AEP Ohio engaging in, "any hedging or other risk management strategies on behalf of the returning load."
Staff described spot prices as, "a competitively determined alternative".
"Maintaining the integrity of the SSO is of utmost importance," Staff said
Constellation Energy Generation, LLC and Constellation NewEnergy, Inc., in comments to PUCO, generally opposed AEP Ohio's proposed interim relief, and specifically opposed a 180-day notice requirement and any minimum stay period on SSO for returning customers
Constellation argued that a "minimum stay" was implicit under AEP Ohio's proposal once the data center load returns to a data-center-specific SSO
Constellation favors a specific SSO for data centers that is supplied by competitive suppliers, without an advance notice or minimum stay requirement
Constellation proposes that an auction, specific to data center load, be held simultaneously with the
standard SSO auction to allow SSO suppliers to procure supply for data centers in the form of a
pass-through product (energy, capacity and ancillary service charges) with an administrative fee.
As a pass-through, such data center SSO would always be available, obviating the need for advanced notice from returning load, Constellation said
Constellation noted that Constellation has previously sought implementation of class-specific SSO procurements in Ohio, but AEP Ohio has opposed such
In separately filed comments, the Ohio Manufacturers’ Association Energy Group opposed any minimum stay, and called a 180-day notice period for a large load to return to default service excessive, though OMAEG is not opposed to requiring notice
OMAEG said that AEP Ohio’s proposal that would allow AEP Ohio to itself supply large loads on default supply, via spot market purchases conducted by AEP Ohio, does not comport with the longstanding established SSO framework or Ohio law. OMAEG said that any default supply for large loads should be served by competitive SSO suppliers, with OMAEG favoring a separate SSO procurement to serve data centers
In separately filed comments, the Ohio Consumers’ Counsel was generally supportive of the steps in AEP Ohio's proposed interim relief, but said that PUCO should go further and explicitly order that residential consumers will pay no costs associated with a data center-only SSO, spot market
purchases, or any other part of AEP Ohio's interim relief
In separately filed comments, Ohio Energy Group supports AEP Ohio's proposal with the caveat that Ohio Energy Group supports AEP Ohio's alternative that data centers on the SSO be served under a spot market price, rather than a separate SSO auction.
In separately filed comments, Amazon Data Services, Inc. said that any "spot" procurements used for returning data center load should be conducted via the PJM Day-Ahead Market, with day-ahead LMPs, and not the Real-Time Market
Case 26-0113-EL-ATA
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April 21, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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