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⚖️ POLICY & REGULATION
Democrats Win Both Chambers Of Congress, And The Two Senators An AI-Regulation PAC Targeted Over Data Centers Both Lose: CBS News projected Democratic control of the House at 10:15 p.m. ET Tuesday, Nov. 3, and of the Senate shortly after 11:30 p.m., with CNN and NBC making the same calls; about 75 House races were still uncalled early Wednesday and Alaska and Mississippi's Senate races remain open. Democrats flipped Senate seats in Texas (James Talarico over Ken Paxton), Ohio (Sherrod Brown over Jon Husted), Kansas (Adam Hamilton over Roger Marshall), Iowa, North Carolina and Maine, by CBS's projections. Husted and Marshall were the targets of Tomorrow Together's $2.5 million ad buy casting them as beholden to data center developers. In NBC's exit poll, 56 percent of voters called AI and data centers a crucial or major factor in their House vote, Stateline reported. The new majorities take over Jan. 3; until then Sen. Ted Cruz chairs Commerce, where the preemption fight sits. Link
Oracle Drops Its $7 Billion Tencent Chip-Leasing Deal After U.S. Officials Raise Concerns: Oracle has abandoned a five-year arrangement to lease Tencent access to about 100,000 advanced AI chips across several of its Southeast Asian data centers after U.S. officials approached the company with concerns, the Financial Times reported Wednesday, Nov. 4; Reuters relayed the report and could not immediately verify it, and Oracle, Tencent and the White House did not respond. The FT first reported the deal Oct. 1. Overseas leasing of this kind is allowed under current export rules, so the deal was ended by informal pressure, not by a rule. Guangdong officials, separately, visited Tencent and urged it to back domestic chips. Link
China's Planning Agency Says It Will Accelerate A Comprehensive AI Law With Mandatory Risk And Incident Disclosure: Wang Ruomeng of the National Development and Reform Commission's high-tech department told a news conference Tuesday, Nov. 3, that China will "accelerate work on comprehensive artificial-intelligence legislation" covering data, compute and algorithms, with safety standards and ethics rules across the development-to-deployment life cycle, Caixin reported. Developers would have to disclose safety risks, incidents and vulnerabilities; the plan also promises sector-specific regulatory sandboxes, a transition period for companies and monitoring of job displacement. No draft text, timetable or effective date was given beyond the 15th five-year plan, which runs to 2030. Link
STATES
Texas Elects Gina Hinojosa, Who Wants A Data Center Moratorium Until The Legislature Meets, And A Democratic Attorney General Who Inherits Paxton's OpenAI Suit: The AP called the governor's race for Hinojosa at 11:17 p.m. ET Tuesday, Nov. 3, and Gov. Greg Abbott conceded; NBC showed her ahead 52.8 to 45.7 percent with 94.3 percent counted. In July she called on Abbott to sign an "emergency executive order" for a data center moratorium "until a legislative session that puts Texans first," and proposed ending data center subsidies and nondisclosure agreements on water and power use and requiring companies to show households will not pay more; she called Abbott's June order pausing state agency approvals tied to about 1,800 projects an "election year pause." She takes office Jan. 19. Democrat Nathan Johnson won the attorney general race, 52.3 to 46 percent with 91 percent counted, the first Democrat in that office since 1994; the office he takes over sued OpenAI and Sam Altman in Collin County on Oct. 23, seeking court-approved vetting of new models before Texans can use them. Link
Voters Back At Least 33 Local Data Center Restrictions, Including Sunbury's Ban On Amazon's $2 Billion Site And Trenton's Block On A 1,000 MW Campus: Of the measures on Tuesday's ballots, 33 restrictions had passed or were leading in unofficial results Wednesday morning, with about a dozen still pending, and North Dakota's was the only pro-development measure anywhere, Stateline reported, citing the Data Centers on the Ballot tracker. In Ohio, at least 14 of 18 municipalities with measures passed bans or restrictions, Fortune reported: Sunbury's 25 MW charter ban, which threatens Amazon's proposed $2 billion project, won 2,809 to 763; Hubbard's full ban about 76 percent; Trenton's 25 MW ban, which blocks annexation for a 1,000 MW Amazon campus, about 80 percent on early returns; and Ashville voters reversed an EdgeConneX deal with about 82 percent. Kansas bans in Ottawa, El Dorado and Emporia were leading with mail ballots still to count, and all four Madison County, Ill., townships voted no on future data centers in advisory questions. Link
Effingham Tables OpenAI's Project Camellia Site Plan To Nov. 17, And Jackson's Moratorium Repeal Stalls In A Recessed Meeting: Effingham County, Ga., commissioners voted unanimously Tuesday, Nov. 3, to table the site plan for the OpenAI affiliate's campus until Nov. 17 after Commissioner Roger Burdette said the presentation lacked clarity on noise and safety and that there was no written commitment to a berm along Hodgeville Road: "If I can't get approval on some dirt tonight then I can't stand behind this site plan," the Effingham Herald reported. Staff had recommended approval. In Jackson, Miss., Councilman Kenneth Stokes's ordinance to rescind the city's data center moratorium was introduced but not voted on after the meeting broke down and recessed to 10 a.m. Thursday, Nov. 5, WLBT reported. Link
🛡️ SAFETY & SECURITY
Anthropic Tells Investors It May "Imminently" Meet Its Own Threshold For AI-Accelerated AI Progress: A new risk factor in the amended registration Anthropic filed Monday, Nov. 2, says its "internal estimates and our expectations regarding future models, rather than our current models, indicate that we may imminently meet our Responsible Scaling Policy's definition of dramatically accelerated progress attributable to AI," TechCrunch reported. "We have not designated any of our current models as exceeding this threshold," the filing says, adding that the company is "considering updates to our Responsible Scaling Policy to keep humans in control of frontier model development." Link
Anthropic Publishes FlashProve, An Open-Source Way To Prove Which Model Produced An Output: Anthropic released FlashProve on Tuesday, Nov. 3: a "provable inference" system in which a lab publishes a cryptographic fingerprint of a model and a user can verify on a local device that a given output came from that model, without the weights being revealed, aimed at covert model substitution. The specification and code are on GitHub; Anthropic calls it intermediate research with no plan to deploy it at Anthropic or any other lab, TechCrunch reported. Link
💰 POWER & CAPITAL
Florida's PSC Rejects Duke Energy's Data Center Tariff 5-0 Under SB 484: The Public Service Commission voted 5-0 Tuesday, Nov. 3, to reject Duke Energy Florida's large-load tariff, finding it excluded some customers the law covers and did not show each large-load customer would pay its full cost of service, WUSF reported; Duke's filing set no rate for these customers and would have kept them on existing general-service schedules until a new class took effect in 2028. "The law made it clear that large load customers must bear their own full cost of service," Chair Gabriella Passidomo Smith said. Duke must refile; no deadline was set. Link
Georgia Voters Give Democrats Control Of The PSC That Approved OpenAI's 3.2 GW Contract, While Louisiana And Oklahoma Elect Republicans: Democrats Peter Hubbard (District 3, over Fitz Johnson) and Sheila Edwards (District 5, over Joshua Tolbert, a Republican-held seat) won Georgia Public Service Commission races Tuesday, Nov. 3, by about 22 to 24 points with about 60 percent counted, giving Democrats control of the commission for the first time in more than 20 years, Capital B Atlanta reported. In Arizona, Democrats Clara Pratte and Jonathon Hill led for two Corporation Commission seats on a body Republicans hold 5-0, too close to call. Louisiana Republicans Hilferty and Atkins each won about 59 percent for a 4-1 PSC majority, and Republican Rep. Brad Boles won Oklahoma's Corporation Commission seat. Link
📜 DISPATCH PRO
🌙 Since Tuesday's issue
Nothing has moved on the AI bills we track since the last issue.
Docket Room's nightly check found no status change, hearing notice or amendment on the AI bills we track since Tuesday's send, and its feed of every legislature showed no AI bill action overnight; Maryland's four "vetoed to enacted" flips are December 2025 special-session overrides re-ingested, not new action. Act is 12 or more, Watch is 7 to 11, Noise is under 7. The score adds up stage, coverage, copies in other states, a date inside ten days, momentum and penalties, and we print it so you can disagree with it.
3️⃣ The Three
NY S 9051-B, unsafe AI companion features for minors: signed Oct. 27, in force Jan. 1, 2027, AG penalties up to $25,000 per violation. Act, 18.
CO SB 26-189, the Automated Decision-Making Technology Act (Ch. 131): takes effect Jan. 1, 2027, with the AG's disclosure and review rules due the same day. Act, 12.
OR HB 3546, Oregon's separate rate class for data centers of 20 MW or more: Pacific Power's settlement is expected before the PUC Nov. 13. Watch, 11. Tuesday's Bill.
📜 The Bill · TX SB 6, Large-load interconnection, curtailment and cost rules (89th Legislature, 2025) · 🟡 Watch 9
Coverage test. You are covered if you are a large load customer in the ERCOT power region seeking a new or expanded interconnection where total load at one site exceeds the demand threshold the Public Utility Commission sets, "75 megawatts" unless the commission finds a lower one necessary (Utilities Code Sec. 37.0561(b)-(c)). The curtailment protocol reaches transmission-voltage loads interconnected after Dec. 31, 2025, with critical-load industrial customers and designated critical gas facilities excluded (Sec. 39.170(a)); the net-metering review reaches a new large load that pairs with a generator registered as stand-alone as of Sept. 1, 2025 (Sec. 39.169). It binds the customer, its utility, municipally owned utilities and co-ops, ERCOT and the PUC. Loads outside the ERCOT region are outside it.
Obligations
Disclose any substantially similar request for electric service elsewhere in Texas, any on-site backup generation able to serve "at least 50 percent of on-site demand," and show site control through ownership, a lease or another legal interest acceptable to the PUC (Sec. 37.0561(d), (e), (g)). Due with each interconnection request; the PUC's standards (16 TAC Sec. 25.194, Project 58481) were adopted in September 2026. Penalty: none written in SB 6; general PURA enforcement applies. Not a verified quote; treat as our reading.
Pay a flat interconnection study fee of "at least $100,000" and post security on a dollar-per-megawatt basis the PUC sets, and contribute to the utility's interconnection costs for agreements made on or after June 20, 2025 (Secs. 37.0561(f), (h)-(j), 35.004(c-1)). Due at the interconnection request. Penalty: none written in SB 6; unused fees become credits at the same site. Not a verified quote; treat as our reading.
Install the equipment ERCOT's protocol requires before interconnection so your load can be curtailed during firm load shed, and run backup generation or curtail when ERCOT directs after market services are exhausted (Secs. 39.170(a), 37.0561(e)). Due before interconnection, for transmission-voltage loads interconnected after Dec. 31, 2025; the PUC's demand-management rule (Project 58482) was proposed Aug. 14, 2026, with ERCOT targeting January 2027. Penalty: none written in SB 6. Not a verified quote; treat as our reading.
Give ERCOT notice before net metering with an existing stand-alone generator; ERCOT studies it within 120 days of complete information and the PUC then has 60 days to approve, deny or condition it, or it is deemed approved (Sec. 39.169). Due before the arrangement takes effect. Penalty: none written in SB 6. Not a verified quote; treat as our reading.
Delta. Before SB 6, a large load in ERCOT could queue for interconnection with no fee, disclosure or curtailment duty beyond the general tariff, and duplicate requests across utilities went unseen. SB 6 adds the 75 MW gate, the $100,000 study fee, security per megawatt, disclosure of duplicates and backup, a pre-interconnection curtailment requirement and PUC review of co-location with existing plants, and orders the PUC to rewrite transmission cost allocation by Dec. 31, 2026 (Act Sec. 6). What it does not do is let anyone stop a project: there is no moratorium authority in it. That is why Governor-elect Gina Hinojosa's pledge runs through an executive order or a special session rather than this law. Against other states: Docket Room scores Georgia's SB 34 at 0.748, just under our bar, and it failed; California's AB 2383 (0.735) is the nearest enacted cousin.
Owners. Energy and site selection (the 75 MW gate, duplicate-request disclosure and security posting), Engineering and Operations (curtailment equipment before energization, backup generation dispatch on ERCOT direction), Finance (study fees, security and the coming transmission cost reallocation), Government Affairs (the Dec. 31 PUC rule and the January legislative session under a new governor).
Similar bills.
GA SB 34, bars data center service costs from other customers' rates: failed (similarity 0.748).
CA AB 2383, electricity and data centers: enacted (0.735).
UT SB 132, electric utility amendments for large loads: signed (0.717).
Nothing clears our 0.75 similarity bar, so the score counts no copies.
Next date. Thursday, Dec. 31, 2026: the PUC's statutory deadline to amend its transmission cost allocation rules (Act Sec. 6). A PUC open meeting is calendared for Nov. 5 at 9:30 a.m., but no agenda had posted and no SB 6 item is confirmed for it. Then Jan. 19, 2027: Hinojosa takes office, with appointment power over a five-member commission whose members serve staggered six-year terms.
Verification. Docket Room's record is verified (signed June 20, 2025, effective immediately), and the coverage and duties above are our reading of the enrolled text, section by section, with implementation status from ERCOT's October 2026 legislative status deck; the quote-verified impact tool is a Team-plan feature not available on this connection, so 0 of 4 rows are tool-verified, and the final dollar-per-megawatt security amount in the adopted rule could not be read. Score: stage 8 (in force), coverage 1 (one sector), copies 0, dated event inside ten days 0, momentum 0, penalty 0. Off the ladder by choice: no bill with a dated event inside ten days was eligible (DC B 26-0524 and OR HB 3546 were the last two Bills), and the next bills by score, NY S 9051-B and CO SB 26-189, were The Bill on Oct. 28 and Oct. 29, so we feature the law under Tuesday's Texas result instead.
For your team. Texas just elected a governor who wants a data center moratorium until the Legislature meets, but SB 6, the 2025 law that now governs every ERCOT load above 75 MW, gives no one power to stop a project; it adds a $100,000 study fee, security per megawatt, disclosure of duplicate requests and backup generation, and curtailment equipment before energization. The pressure point is the PUC: its transmission cost rewrite is due Dec. 31, and from Jan. 19 the new governor appoints its commissioners as seats turn over. Any Texas site we have in the queue should lock its interconnection terms and confirm its curtailment setup before January.
📅 Dates
This week's AI hearings
Nothing else is noticed on the AI bills we track inside two weeks: D.C.'s Nov. 9 hearing on B 26-0524 is the only one, and it is on the board below with every other dated item.
Deadline Board · next 30 days
Nov. 4: Michigan City, Ind., council second reading of the data center moratorium running to July 31, 2028, with Google's Royal Road campus exempt; third reading and final vote to follow (IN)
Nov. 5: Guilford County, N.C., commissioners resume the 180-day data center and crypto-mining moratorium (to April 12, 2027) after postponing the Oct. 15 vote (NC)
Nov. 5: Olyphant, Pa., Borough Council votes, 6 p.m., on the $101 million, 15-year settlement of ERCOR Triboro's mandamus suit that would let its seven-building, 1 GW data center campus skip conditional-use hearings (PA)
Nov. 5: Frederick, Md., City Council votes on Councilmember Derek Shackelford's two-year pause on processing data center amendments to the land management code, including pending applications (MD)
Nov. 5: Jackson, Miss., City Council resumes its recessed Nov. 3 meeting, 10 a.m., where Councilman Stokes's ordinance to rescind the data center moratorium was introduced (MS)
Nov. 9: Senate returns after the midterms; permitting deal (Lee, Capito, Heinrich and Whitehouse) with data center transmission cost rules awaits a vote (US)
Nov. 9: SEC roundtable on machine-understandable data and "super intelligence," 9 a.m. to 3:30 p.m., 100 F Street NE and livestreamed (Release 2026-106) (US)
Nov. 9: D.C. Council Judiciary and Public Safety hearing on B 26-0524, the Distribution of False Sexual Imagery Prohibition Amendment Act, 10:30 a.m. (DC) · Docket Room
Nov. 9: Australian Senate inquiry into the Online Safety Amendment (Digital Duty of Care) Bill 2026, which passed the House Oct. 28 and covers AI chatbots; report due late November (AU)
Nov. 9: Mexico, Mo., public hearing and 4 p.m. comment deadline on its data center ordinance (MO)
Nov. 12: Gilbert, Ariz., council revisits the data center zoning amendment (650-foot residential buffer, no drinking water for cooling) postponed Oct. 20 (AZ)
Nov. 12: Effingham County Industrial Development Authority and OpenAI affiliate Octans GA LLC due to answer the open-meetings suit over the Project Camellia land deal (extension granted); plaintiffs moved for summary judgment Oct. 27 (GA)
Nov. 13: Oregon PUC vote on Pacific Power's data center cost-assignment settlement under HB 3546 (OR) · Docket Room
Nov. 14: Dixon, Calif., 45-day data center and battery storage moratorium expires unless extended (CA)
Nov. 15: FERC: RTO and ISO responses due on pro forma large-load cost-recovery agreements (mid-November) (US)
Nov. 15: N.C. Utilities Commission decision expected on the Duke Energy large-load tariff settlement with the Public Staff, Amazon, Google, Meta and Microsoft (mid-November) (NC)
Nov. 16: Newsom's deadline for agency recommendations on lab monitors and an AI kill switch (CA)
Nov. 16: Raleigh staff publish draft data center regulations for public feedback (NC)
Nov. 16: Nevada PUC Phase 3 hearings on NV Energy's 20-year resource plan; final order targeted for mid-December (Docket 26-05007) (NV)
Nov. 16: Pitt County, N.C., commissioners' public hearing on a temporary data center moratorium (set unanimously Oct. 19) (NC)
Nov. 16: Week Anthropic is targeting for its IPO (per WSJ) (US)
Nov. 17: Loudoun County Board of Supervisors vote on the resolution pausing legislative data center and substation applications for up to 12 months, retroactive to Sept. 15 (deferred from Oct. 20 for more staff work) (VA)
Nov. 17: Effingham County, Ga., commissioners take up OpenAI affiliate Octans GA LLC's Project Camellia site plan again after tabling it unanimously Nov. 3 over noise and a berm along Hodgeville Road (GA)
Nov. 18: Memphis City Council budget session with MLGW on the three-year water and gas increases, including the new data center water class at 30 percent a year; committee Nov. 24; rates effective January 2027 if approved (TN)
Nov. 19: EPA's written and oral response due to Sen. Warnock and Rep. Hank Johnson on regulating diesel backup generators at data centers (letter dated Oct. 22) (US)
Nov. 19: New York City DCWP public hearing, 11 a.m., and written comment deadline on its proposed automated customer service rule (AI disclosure, one-step transfer to a human, three-year records) (NY)
Nov. 20: San Francisco and Oakland 45-day data center moratoriums expire unless extended (CA)
Nov. 20: San Joaquin County, Calif., 45-day data center moratorium (unincorporated areas) expires unless extended (CA)
Nov. 23: Mexico, Mo., council vote on its data center ordinance, 6 p.m. (MO)
Nov. 30: US-China Super Intelligence Dialogue: first exchange due by November under the Sept. 26 summit readout (US)
Nov. 30: Mexico, Mo., data center moratorium expires (extended Oct. 26) (MO)
Nov. 30: Anthropic's Nasdaq listing (ticker ANT), which its Nov. 2 amended S-1 says it expects before the end of November (US)
Dec. 1: Orange County, Fla., staff return with a temporary data center moratorium (early December) (FL)
Dec. 1: Denton City Council final consideration of the moratorium (early December) (TX)
Dec. 1: Character.AI's court-supervised sale expected to close (late November or early December); the platform is wound down if no viable bid emerges (US)
Dec. 1: Clarksville, Ark., data center bond referendum (Ballotpedia) (AR)
Dec. 2: EU AI Act Article 50 text-marking duty applies to systems already on the market; OpenAI textGrain rollout in the EU runs to this date (EU)
Dec. 4: Hayward, Calif., 45-day data center moratorium (adopted Oct. 20) expires unless extended, up to two years (CA)
70 more dated items beyond 30 days are on the full board. New dates are added from every issue; passed dates roll off.
🏗️ Local Moratorium Tracker · changed this week
El Dorado, KS: ban (ballot question); voters leading for the ban, 2,966 to 1,183, in unofficial Nov. 3 results.
Emporia, KS: ban (ballot question); voters leading for the ban, 4,346 to 2,891, in unofficial Nov. 3 results; legal challenge pending.
Sunbury, OH: charter ban adopted by voters; permanent; 25 MW; affects Amazon's proposed $2 billion project; adopted by voters 2,809 to 763 (78.6%) Nov. 3, unofficial; council moratorium runs to Jan. 31, 2027.
Hubbard, OH: ban adopted by voters; permanent; all data centers; adopted 2,622 to 802 Nov. 3, unofficial and incomplete.
Trenton, OH: ban adopted by voters (Issue 17); permanent; 25 MW; blocks annexation for a 1,000 MW Amazon campus; about 80 percent yes on early returns Nov. 3.
Oregon, OH: charter amendment restricting data centers (Issue 25); targets a proposed Vantage project of about $1 billion; ballot text prohibits data center construction; passed with about 60 percent Nov. 3, unofficial (13abc).
Ashville, OH: voters reversed the EdgeConneX development deal; about 82 percent Nov. 3, unofficial.
Madison County townships, IL: advisory questions on future data center development; Chouteau, Granite City, Nameoki and Venice townships; nonbinding; all four voted no, 74 to 83 percent, Nov. 3.
Jackson, MS: moratorium; repeal ordinance introduced; 6 months; data centers; adopted 5-2 in July; Stokes rescission ordinance introduced Nov. 3; meeting recessed to Nov. 5 with no vote; runs to Feb. 12, 2027.
Belvidere, NJ: nonbinding referendum on pursuing a townwide data center ban in the master plan review (proposed); townwide; nonbinding question reportedly passed about 75-25 Nov. 3 (unofficial, single secondary source).
Ottawa, KS: ban (ballot initiative); 10 years; 25 MW; voters leading for the ban, 2,882 to 1,129, in unofficial Nov. 3 results; mail and provisional ballots still being counted; legal challenge pending.
Westbrook, ME: ban on standalone data centers; permanent; data centers removed as a permitted use in the Rock Row Contract Zone, the only zone that allowed them; accessory server rooms still allowed; adopted unanimously Nov. 2, after a 180-day moratorium passed in June.
8 more changed this week. Tracker holds 193 jurisdictions; 124 across 37 states have an adopted pause, ban, rate rule or executive order, and the rest are proposed or pending. The full table ships in the Friday Pro edition.
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The working layer under this briefing is The Docket, in Dispatch Pro
What moved in all 50 states since the last issue, which AI bills actually matter this week, and exactly what they would make you do, by when: obligations, deadlines and penalties pulled from the bill text and verified, similar bills in other states, every hearing and effective date we have reported, plus a Docket Room Pro seat ($49/mo on its own).
Today for Pro readers: no AI bill moved overnight; this week's three; The Bill on TX SB 6, the law under Tuesday's Texas result, with 4 obligations read from the enacted text; D.C.'s Nov. 9 hearing and 38 dated actions in the next 30 days.
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