As data centers and other large load customers seek to connect to California’s power grid, the California Public Utilities Commission (Commission) is rethinking how—and when—those customers should be refunded for costly transmission infrastructure upgrades.

Historically, distribution-level interconnection customers paid up front and received swift refunds under PG&E’s Base Annual Revenue Calculation (BARC) methodology. But the growing scale of transmission-level projects has prompted the Commission to take a closer look at refund timing and methodology.

In the absence of a finalized framework, recent Commission decisions on agreements with STACK Infrastructure (STACK) and Microsoft suggest a shift toward more conservative refund policies—potentially setting the tone for future interconnections under PG&E’s proposed Electric Rule 30.

Key takeaways:

  • Interim Rule 30 approved—but with caveats. The Commission conditionally approved PG&E’s new Electric Rule 30 for transmission-level interconnections, requiring customers to pay up front, with refund rules still under review.
  • Refunds paid back slower. In the STACK and Microsoft cases, the Commission capped annual refunds at 75% of net revenues and extended the refund window to 15 years—delaying recovery compared to traditional BARC terms.
  • Precedent not yet set. The Commission emphasized that these cases do not set precedent for the ongoing Electric Rule 30 proceeding, nonetheless they may offer clues about the direction the Commission may take.
  • Google next in line. PG&E’s proposal for Google’s 250 MW data center requests use of the traditional BARC model but faces opposition from the Public Advocates Office, which urges consistency with the STACK and Microsoft resolutions.
  • Final Rule 30 decision pending. Parties will file briefs this spring, with the CPUC expected to weigh in on cost allocation and refund methodology later this year.

Read the full article for a deeper dive into how California is balancing grid expansion with cost recovery for large transmission-level interconnections.

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Sam Wong

Sam Wong advises clients on the development, financing, and regulation of energy projects across the United States. With experience counseling utilities, independent power producers, and investors, he guides clients through complex regulatory frameworks, litigation, and transactional matters at the intersection of federal and…

Sam Wong advises clients on the development, financing, and regulation of energy projects across the United States. With experience counseling utilities, independent power producers, and investors, he guides clients through complex regulatory frameworks, litigation, and transactional matters at the intersection of federal and state energy laws, environmental compliance, and emerging carbon markets. Click here to read Sam’s full bio.

Photo of Seth Hilton Seth Hilton

Seth Hilton, a partner in Stoel Rives’ Energy Development group, focuses his practice on energy regulation and litigation, representing clients before a variety of energy regulatory agencies in California, including the California Public Utilities Commission and California Energy Commission, as well as…

Seth Hilton, a partner in Stoel Rives’ Energy Development group, focuses his practice on energy regulation and litigation, representing clients before a variety of energy regulatory agencies in California, including the California Public Utilities Commission and California Energy Commission, as well as in stakeholder proceedings at the California Independent System Operator. His clients include developers of thermal and renewable generation, energy storage developers, transmission developers, energy service providers, and investor-owned and publicly-owned utilities. Seth also represents energy clients in state and federal court and has significant experience in a wide variety of complex commercial litigation.

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Photo of Lilly McKenna Lilly McKenna

Lilly McKenna is an of counsel attorney in Stoel Rives’ Energy Development group. Lilly represents and advises clients on state energy policies and regulations, particularly around power procurement, rate, and electric transportation matters. Lilly regularly appears before the California Public Utilities Commission (CPUC)…

Lilly McKenna is an of counsel attorney in Stoel Rives’ Energy Development group. Lilly represents and advises clients on state energy policies and regulations, particularly around power procurement, rate, and electric transportation matters. Lilly regularly appears before the California Public Utilities Commission (CPUC) and has also appeared in limited representations before state public service commissions across the country. Lilly also advises clients on compliance obligations and regulatory developments across the California Energy Commission (CEC), the California Independent System Operator (CAISO), and the California Air Resources Board, in addition to limited matters before the Federal Energy Regulatory Commission (FERC).

Before joining Stoel Rives, Lilly was an associate with Keyes & Fox, LLP (2020–2022) and with Manatt, Phelps & Phillips, LLP (2014–2020). While attending law school, she was a judicial extern for the Honorable Jacqueline S. Corley of the U.S. District Court for the Northern District of California (2013) and a law clerk for the California Public Utilities Commission, Legal Division (2013).

Click here for Lilly McKenna’s full bio.