March 20, 2026
CHICAGO, IL – Yesterday, the Illinois Commerce Commission (ICC) issued a final order approving ComEd’s proposed changes to how it serves new large customers, including data centers, with modifications. The order approves the core consumer protections proposed by ComEd, including minimum payment requirements and financial security obligations if a data center uses less power than estimated.
Most significantly, however, the Commission acknowledged that these measures are a first step, and significant reliability, affordability, and policy risks remain. To address those gaps, it ordered a formal follow-up proceeding to identify and adopt additional protections. This investigation, initiated at the urging of the Joint Non-Governmental Organizations (JNGOs), is to be completed within eight months. In addition, it establishes a separate technical workshop to evaluate and improve how large load customers connect to the grid.
The JNGOs have also urged the Commission to establish a “bring your own” clean energy model, where data centers procure their own new clean supply and capacity to meet their electricity needs and comply with Illinois’ renewable energy goals. This would not only reduce reliance on fossil generation but also improve grid reliability and further protect Illinois consumers from rising energy prices. The JNGOs look forward to advancing that work in future proceedings.
Brad Klein, Managing Attorney, Environmental Law and Policy Center, said: “The Commission’s decision to launch a formal, time-bound investigation makes clear it is taking these challenges seriously. We appreciate its urgency and look forward to participating in that process. Requiring data centers to bring their own clean energy and grid solutions to the table, not just pay their bills, is how we address the remaining challenges the Commission identified.”
James Gignac, Midwest Policy Director, Union of Concerned Scientists, said: “Data centers are driving up costs and pollution not only in Illinois but across the country. Our analysis shows that ComEd ratepayers are already on the hook for hundreds of millions of dollars in costs to connect data centers to the grid and that stronger policies are needed to ensure data centers aren’t causing more health-damaging air pollution from fossil fuel plants. Through its order, the ICC is taking important initial steps with more proceedings to follow—but the urgent need remains for Illinois legislators to pass comprehensive data center protections as soon as possible and ensure we have the tools and requirements we need.”
Will Kenworthy, Midwest Senior Regulatory Director, Vote Solar said: “Today’s order is a promising first step toward protecting Illinois communities from the costs and risks of unprecedented load growth. The Commission’s decision strengthens consumer protections and, critically, directs a formal investigation into whether large-load users should pay directly for the infrastructure they require. We’re encouraged by the Commission’s interest in our proposal to require these customers to bring their own clean energy resources, and we look forward to working with the Commission and stakeholders to ensure that, as new industries arrive, communities benefit from clean jobs, fair energy rates, and a healthier energy future.”
The Joint Non-Governmental Organizations (JNGOs) participating in the proceeding include the Environmental Law and Policy Center (ELPC), Natural Resources Defense Council (NRDC), Union of Concerned Scientists, and Vote Solar.