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⚖️ POLICY & REGULATION

FTC Opens A Broad Safety Investigation Into OpenAI, Anthropic And Other Labs, With Compelled Testimony To Come: Chairman Andrew Ferguson is preparing civil investigative demands that would require executives to hand over documents and testify about the safety of their models, with the demands expected in the coming weeks and METR among the recipients, Bloomberg and the Washington Post reported Wednesday. The probe predates OpenAI's Hugging Face disclosure and asks whether the companies are complying with consumer protection law. It is the first federal enforcement step aimed at rogue agents, and it arrives a day after the White House accord that asked the same companies to police themselves. Link

Senate Democrats Block The Ratepayer Protection Act 57-43, Then Both Parties Unveil A Permitting Deal That Makes Data Centers Pay For Transmission: Cloture on HR 9340 failed Wednesday afternoon with Hassan, Klobuchar, Ossoff and Warnock the only Democrats in favor; Schumer called the House-passed bill, which only asks state regulators to "consider" cost standards, "toothless." Hours later Sens. Lee, Capito, Heinrich and Whitehouse released the 417-page Bipartisan American Affordability and Jobs Act, which would require data center developers to pay the cost of the high-voltage lines, generation and distribution built to serve them. The Senate left for the election without voting on it. Link

Cruz Blocks The NO FAKES Act Too, Over Satire And Political-Speech Carve-Outs He Says Are Not Clear Enough: A day after stopping the AI Safety Board bill, the Commerce chair objected to Marsha Blackburn's unanimous-consent request on S 4591, which would create a federal right over the use of a person's voice and likeness in AI-generated material and cleared Judiciary in June with his vote. Blackburn said the protections he wants are already in the text and that courts, not platforms, would decide First Amendment questions. The bill is on hold until after the midterms. Link

FERC Suspends PJM's Backstop Power Auction For Five Months And Orders It To Make Data Centers Carry The Cost: The commission accepted the core of PJM's one-time procurement to close a shortfall of more than 6,800 megawatts but suspended it until Feb. 28 and opened a paper hearing, telling the grid operator to do more to ensure large users pay the costs of the program and to use current data center demand forecasts when allocating them. The auction had been due to open Wednesday. Chairman Laura Swett called the situation at the country's largest grid operator a "mess." Link

Quinnipiac: 71% Of Voters Prefer Candidates Who Back Stricter AI Guardrails, And 73% Oppose A Data Center In Their Community: The national poll of 1,032 registered voters, Sept. 24 to 27, finds 79 percent put safety ahead of staying at the frontier; the guardrails preference holds at 52 percent of Republicans, 73 percent of independents and 86 percent of Democrats. The same survey gives Democrats a 12-point lead on the generic House ballot. It is the number behind the Senate's week: a majority of the president's own party's voters want rules he says are unnecessary. Link

STATES

Newsom Signs 13 AI Bills On The Last Day, Including The No Robo Bosses Act And The SB 1000 Provenance Rewrite, And Vetoes Three: Signed Sept. 30: SB 947, which from July 1, 2027, bars disciplining, firing or deactivating a worker on an automated system's output alone, requires human review and written notice, gives workers a year of the data used, and sets a $500-per-violation penalty with a right to sue, reversing last year's veto; SB 951, written notice when AI drives mass layoffs; SB 1000, which drops the one-million-user threshold from the AI Transparency Act and took effect on signature; AB 2713, provenance data on large platforms; SB 1111, digital replicas; AB 1979 and SB 503 on health care AI; SB 1159, SB 574, AB 1331, AB 1883, AB 1864 and AB 2392. Vetoed: AB 2575 (AI disclaimers on patient communications), AB 2656 (notice to public employees) and SB 903 (limits on AI in psychotherapy). Link

Alabama's Data Center Contract Law Takes Effect Today: The PSC Must Find Every 150-MW Deal Benefits Other Ratepayers: SB 270 (Bell), enacted April 17, requires the Public Service Commission to review each utility agreement with a data center drawing 150 megawatts or more and to confirm the customer pays the full added cost it creates, including generation, transmission, local upgrades, fuel and taxes, and that the contract provides "positive benefits" to other customers. What it delivers depends on how the PSC implements it; Alabama Power's existing data center contracts are public only with the pricing terms redacted. Link

Pennsylvania's House Passes A Chatbot Safety Bill 133-70 With $100,000-A-Day Penalties, And Tells Congress To Leave State AI Laws Alone: Rep. Melissa Shusterman's HB 2006 requires age assurance for every user and parental consent for minors, bars chatbots from encouraging suicide or violence, from isolating minors from parents and from producing child sexual abuse material, requires periodic reminders that the user is talking to AI, limits retention of age data to 24 hours, and gives the attorney general civil penalties of up to $100,000 per day per violation; it goes to the Senate. The House also adopted Rep. Jim Haddock's HR 425 urging Congress to drop any moratorium on state AI regulation and the administration to stop threatening litigation and broadband funds, and the Communications & Technology Committee reported Ortitay's HB 2534 provenance bill unanimously. Link

Palm Springs Extends Its Data Center Moratorium To August 2028; Dixon Imposes A 45-Day Pause That Also Covers Battery Storage: Palm Springs' council voted unanimously Wednesday, clearing the four-fifths threshold state law sets for extending an urgency ordinance, to carry the pause on applications and permits from its Oct. 10 expiry to Aug. 25, 2028, while Planning writes land-use rules in the zoning update. Dixon's council, in a special meeting the same day, unanimously stopped new land-use applications for data centers and battery energy storage systems for 45 days; its code does not define data centers at all, leaving approvals to a case-by-case "substantially similar" call. Link

Dover Becomes The First Delaware Jurisdiction To Pause Data Centers, For 18 Months: The city council adopted the pause on the acceptance, processing, review and approval of permits for new data centers while staff review their effect on the city-owned electric system and other utilities. No application has been filed, but the city says developers have been calling. Link

🛡️ SAFETY & SECURITY

Google Ships Gemini 4 Argon To Vetted Cyber Defenders Only, Holding General Release Over Its Offensive Capability: Announced after months of delay, the model is not available to developers, enterprises or consumers; Google says capabilities at this level require a phased release, with selected security organizations getting access first through its Fairwind program, then paid API customers and AI Ultra subscribers, with no date for general availability. Argon is trained to find, validate and patch software vulnerabilities on its own, and Google says it is taking part in the federal pre-release access process. Link

WSJ: Huang And Zuckerberg Confronted Amodei Over His Warnings In A Roosevelt Room Session After The Accord Lunch: In the smaller meeting that followed Tuesday's lunch, Nvidia's Jensen Huang questioned Anthropic's CEO over his public statements about model capabilities, and Mark Zuckerberg said safety concerns could be handled if the industry followed its own principles; Amodei said transparent risk communication on cyber threats and labor effects is necessary. The Journal also reported that an earlier plan for a self-regulatory body backed by Anthropic, OpenAI and Google was dropped after Huang, Zuckerberg and Elon Musk objected that it would concentrate power in the front-runners. Link

💰 POWER & CAPITAL

Amazon Signs A 20-Year Deal For 690 MW From Calvert Cliffs, Funding A $3B Upgrade, Weeks After Dropping Its Data Center There: Constellation said Tuesday the power purchase agreement, starting next year, supports a $3 billion investment at the Lusby, Md., plant: 690 megawatts of existing and uprated capacity, 190 more between 2030 and 2032, the revenue certainty to relicense the two reactors beyond 2034 and 2036, and joint work on small modular reactors on site. The deal does not include a data center at the plant; Amazon withdrew that proposal in August after local opposition, and the power serves its facilities across the 13-state PJM region. Link

Oracle's 1.3-GW Wisconsin Campus Is Waiting On A PSC Transmission Review That Was Sent Back Once Already: Aterio's read of filings through Sept. 24 says Vantage's Project Lighthouse in Port Washington cannot energize until American Transmission Co. builds a new high-voltage connection, and the Public Service Commission of Wisconsin returned the first application in August, forcing a September refiling that reset the clock. Its base case puts partial power around December 2027 and full capacity around October 2028, against Oracle's second-half 2027 guidance; a 360-day review, which the regulator has used in every comparable case the firm examined, pushes full capacity to spring 2029. Two of four halls are already enclosed. Link

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