What does the data centre pay the utility if it uses less power than it contracted for?
Utilities now make data centres pay for the grid capacity they reserve, whether or not they use it. The AES Ohio settlement puts data centres in their own tariff class with a ten-year minimum term after a ramp of up to two years, and a monthly bill of at least 85% of contract capacity. The minimum charge is payable even if the customer curtails or stops taking power, unless it pays the exit fee. The tariff is a settlement filed for the Commission’s approval, with rates from 1 January 2027.
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What the filed contracts say
Contract
What the filed wording says
AES Ohio data centre tariff
After each phase of the utility’s construction, the customer must ramp up to its full contracted load within two years.
AES Ohio data centre tariff
The contract runs for at least ten years after the ramp, and the customer is billed on at least 85% of its contract capacity.
AES Ohio data centre tariff
The minimum charge is payable even if the customer curtails, suspends or ends service, unless it pays the exit fee.
The filed wording
After construction of the facilities (or a phase of the construction) is complete, the Customer will ramp to the lower of the Company’s load service capability associated with the completed construction or Customer’s Contract Capacity (Customer’s Full Ramp Capacity) within a maximum of two years.
AES Ohio Data Center Tariff (Sheet D23), in the 2027–2029 rate plan settlement, Sheet D23, Minimum Contract Requirements (Ramp Period) · DPL 8-K, Exhibit 10.1
Each extract is quoted from the contract as filed with the SEC, checked against the filed text when it was added; “…” marks words left out. Filers redact commercial terms, so a [***] or [*] is the filer's, not ours. The summaries describe the wording, not how a court would read it, and each contract's defined terms and other clauses can change the effect. General information drawn from public filings. It is not legal advice on any transaction, and using this page does not create a lawyer-client relationship. Views are personal.
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