2026 Regulatory Outlook: Key Federal and State Proceedings Shaping Data Center Electric Supply

"Sen. Tom Cotton introduced the DATA Act in the U.S. Senate in January 2026 to exempt Consumer-Regulated Electric Utilities (CREUs) — privately owned electric generation and supply systems that sell power at retail to eligible on-site customers and are physically islanded from the grid — from all federal regulation. ...the DATA Act does not provide any independent federal authority to establish CREUs in the states; but it does provide developers of such systems under state law with federal regulatory certainty, which could incentivize additional development."

https://www.jdsupra.com/legalnews/2026-regulatory-outlook-key-federal-and-2637044/