DOJ - North Carolina Department of Justice

10/06/2026 | Press release | Distributed by Public on 10/06/2026 15:17

Attorney General Jeff Jackson Continues Fight to Require Data Centers to Pay Their Fair Share

FOR IMMEDIATE RELEASE
Tuesday, October 6, 2026
Contact: [email protected]
919-538-2809

RALEIGH - Attorney General Jeff Jackson again argued that data centers should pay their fair share for the resources they use and the strain they put on North Carolina's energy grid. In a filing with the North Carolina Utilities Commission, he argues that data centers should be in a separate rate class and be allowed to build and generate their own clean energy.

"Trillion-dollar tech companies can afford to build the infrastructure they need to power their data centers. North Carolina families shouldn't have to pay for that," said Attorney General Jeff Jackson. "Our position is that we must protect ratepayers from getting hit with the costs of these data centers."

Earlier this year, Attorney General Jackson asked the Commission to create a separate proceeding in Duke Energy's rate cases that focused on a new dedicated rate class for data centers and other large energy users. Duke projected that more than 80% of the new energy demand it will need to meet comes from new data centers and other large users of energy and has proposed building new power generation and transmission assets to meet this demand. This separate proceeding helps protect ratepayers and the state's energy infrastructure from carrying the burden of data center costs.

In addition, Attorney General Jackson previously argued in another proceeding that Duke Energy should be required to:

  1. Make the standard contract it uses with data centers public.
  2. Update that standard contract to include the ability for data centers to bring their own clean energy, which reduces strain on the grid and on ratepayers.
  3. Report any variations from its standard contract. If Duke changes the terms of its contract with a large energy user, North Carolinians should know.
  4. Update its load forecasts more frequently. Duke should revisit its projects every 90 days instead of every six months, so that the energy infrastructure Duke wants to build reflects the actual demand.
  5. Pause new natural gas plant development while the Utilities Commission and the Attorney General's Office evaluate load forecast updates.

A copy of today's filing is available here.

Attorney General Jackson is fighting to protect North Carolinians from paying more on their utility bills.

He refused to sign on to the proposed settlement in the Duke Energy Carolinas rate case, because DEC residential ratepayers would still rise an average of approximately 9.5%.

He also refused to sign on to Duke Energy Progress's 15% proposed rate increase, which would force DEP ratepayers to pay nearly $960 million in unnecessary rate hikes over the next two years.

He's also challenging Duke Energy to put its money where its mouth is and commit legally - not just verbally - to the promises it made to the federal government's Ratepayer Protection Pledge, a set of commitments to make sure that data centers and other large energy users "build, bring, or buy the new generation resources and electricity needed to satisfy their energy demands, and pay for all new power delivery infrastructure upgrades to service their data centers."

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