Kentucky Considers Allowing Data Centers to Build Private Power Grids

Kentucky Considers Allowing Data Centers to Build Private Power Grids

News ClipBluegrass Institute·KY·7/28/2026

Kentuckians are concerned data centers will increase their electric bills due to high power demands. The article proposes allowing large consumers, like data centers, to finance and operate their own "islanded" electricity grids, a practice currently restricted by Kentucky law. This change would protect ratepayers and attract data center investment by streamlining power provision.

electricitygovernment
Gov: Kentucky General Assembly, Kentucky Public Service Commission

Kentucky lawmakers are currently debating how to prevent data centers from driving up electricity bills for residential ratepayers, an issue highlighted by the significant power demands of these facilities. Joseph Verruni of the Bluegrass Institute and Travis Fisher of the Cato Institute propose a solution: allow large consumers, such as data centers, to build and operate their own "islanded" electricity grids, financially independent of the existing regulated system.

This concept, termed Consumer-Regulated Electricity (CRE), aims to avoid imposing costs on other ratepayers or straining the regional grid. However, current Kentucky law, including statutes defining utilities and the 1972 Certified Territory Act, makes such private power systems nearly impossible to implement by categorizing private generators as regulated utilities.

The authors suggest a "modest fix" to the General Assembly: exempt islanded systems serving new, nonresidential customers from the public utility definition and certified territory framework. They note that similar legislation has been adopted in Ohio (specifically in New Albany), New Hampshire, Utah, and West Virginia, enabling these states to attract data center investments. This policy would also allow tech companies to pursue their environmental pledges independently without impacting the state's main grid or requiring lobbying for renewable energy standards. The proposal is presented as a future-proof policy, beneficial for any large industrial consumer and technology.