Key takeaways
- HB 8 (2024) created the exemption but limited it in practice to Louisville; HB 775 (2025) opened it statewide with investment floors of $450 million, $100 million or $25 million depending on county population.12
- EKPC’s Data Center Power tariff, approved in October 2025, applies at 15 MW and adds dedicated-resource requirements above 250 MW.34
- LG&E-KU proposed an “extremely high load factor” tariff for new loads of 100 MW or more that would bill at least 80% of contracted energy for 15 years.5
- EPIC counts about 12 GW of prospective demand discussed in LG&E-KU territory and more than 10 GW sought from EKPC, against an in-state peak generation of about 18.4 GW in summer 2024.38
- An August 2026 executive order requires data center developers to file an energy plan with the Energy and Environment Cabinet.9
01Who serves the site: five different power paths
Kentucky is a regulated, vertically integrated utility state, so the utility that holds the service territory has an obligation to serve and may have to build generation, substations or transmission for a large new load.3 That makes the first screening question simple to ask and decisive to answer: which utility, and which wholesale system behind it, serves this parcel?
- LG&E and KU (Louisville Gas and Electric and Kentucky Utilities) plan and build their own generation as regulated utilities, with new plants approved by the PSC.310
- East Kentucky Power Cooperative supplies 16 owner-member distribution co-ops and has been fully integrated into PJM since 2013, when PJM took over operation of its transmission system.411
- Kentucky Power, in the northeast, relies on PJM for supply beyond its own plants.6
- In western Kentucky, Big Rivers Electric and its member co-op Kenergy deliver power sourced from MISO.12
- TVA-served local power companies cover pockets of the south and west; their large-load terms follow TVA’s rules, described in our Tennessee guide.
The practical effect is that two parcels a few miles apart can face different tariffs, capacity markets and study processes. A site in EKPC or Kentucky Power territory inherits PJM’s capacity and transmission dynamics, covered in our PJM guide; one served through Big Rivers sits in MISO. LG&E-KU sites depend on the utility’s own resource plan and Public Service Commission (PSC) approvals.10
02The HB 8 and HB 775 sales tax exemption
House Bill 8, enacted in 2024, created a sales and use tax exemption for qualifying data center equipment. As originally written, the owner, operator or colocation tenant had to invest at least $450 million within five years (or $150 million for a project organizer), and the project had to sit in a consolidated local government with a population of at least 500,000, which in practice meant Louisville.1 Projects need preliminary approval from the Kentucky Economic Development Finance Authority, cannot replace an existing Kentucky data center and cannot stack certain other incentives.1
House Bill 775, passed in 2025, removed the Louisville-only effect by scaling the investment floor to county population.2 That matters for land: rural and coal-region counties, previously shut out, can now compete for incentive-backed projects at a much lower capital threshold.
Fig. 1Kentucky minimum investment by county population
- 100,000+ residents$450M
- 50,000–100,000 residents$100M
- Under 50,000 residents$25M
$ million
The exemption is not the whole tax picture. Real property taxes, local abatements and any PILOT arrangement are negotiated separately, and the exemption term and covered equipment should be confirmed in the statute and the authority’s approval. Compare Kentucky with peer states in our sales tax exemptions by state guide.
03Large-load tariffs: EKPC and LG&E-KU
In an order dated October 30, 2025, the PSC approved EKPC’s Data Center Power tariff for data centers served by its member co-ops.4 It applies to loads of 15 MW or more, and above 250 MW one or more dedicated generation resources must be part of the supply plan.3 The PSC also required commission approval of each special contract, removed the cap on application fees and raised collateral requirements.4 Because hyperscale and AI campus requests commonly exceed 250 MW, most serious projects should plan for the dedicated-resource path.
LG&E-KU took a different route. In a 2025 settlement in its power plant case, the utilities proposed that any new data center expecting to use at least 100 MW take service under an “extremely high load factor” (EHLF) tariff, paying for at least 80% of its contracted monthly energy for 15 years even if it uses less.5 The tariff itself was assigned to separate rate proceedings rather than the plant case.5 In October 2025 the PSC approved new generation for future data center load but denied a cost-recovery mechanism the utilities sought for a new Louisville gas plant.10 The companies asked for rehearing of their rate case in March 2026, so confirm the final EHLF terms on the PSC docket before underwriting.13
Fig. 2Kentucky large-load terms compared
Approved Oct. 2025
EKPC Data Center Power
- Applies at 15 MW and up
- Dedicated resources above 250 MW
- Each special contract needs PSC approval
- Higher collateral, no fee cap
Proposed 2025
LG&E-KU EHLF
- New data centers of 100 MW or more
- Bills at least 80% of contracted energy
- 15-year term
- Set in rate proceedings, not the plant case
Both designs push risk onto the customer through minimum bills, long terms and collateral. Our guide to large-load tariffs and electric service agreements explains how to model them.
04Demand, EPIC and the 2026 executive order
Kentucky’s Energy Planning and Inventory Commission (EPIC) published its first statewide analysis of data center development in June 2026.3 It counts 37 existing data centers, 24 of them in Jefferson County, and cites about 12 GW of prospective demand discussed in LG&E-KU territory and 11 active EKPC projects seeking more than 10 GW.3 Reporting on the analysis noted that 11 LG&E-KU projects totaling about 3.5 GW were rated at 50% or higher likelihood of proceeding, and that Kentucky utilities’ maximum generation in summer 2024 was 18.4 GW.8
Fig. 3Kentucky data center demand in context
EPIC framed the core problem as timing: a data center can be operating in 18 to 24 months, while a new power plant takes five to seven years.3 The state response is moving. On August 6, 2026, Gov. Andy Beshear signed an executive order requiring data center developers to submit an energy plan to the Energy and Environment Cabinet and directing the PSC to keep utilities from raising rates to recover data center costs.9 Expect energy-plan content (load, ramp, backup and water) to become part of early diligence, and see our overview of state data center legislation trends.
05Coal-region and former industrial sites
Coal remains Kentucky’s primary energy source for electricity, and the state generated about 67 million MWh in 2024 at an average retail price of about 10.07 cents per kWh.14 That generation base, plus large tracts of disturbed land, is why eastern Kentucky is now pitched for data centers. Commentators note that much of the region’s land is still owned by out-of-state companies, that strip mining left some of it level, and that many mining companies walked away without remediation after bankruptcy.15
Three proposals show the range. TeraWulf plans a campus of more than 1 GW by 2030 on an abandoned strip mine on the Greenup-Boyd county line near Ashland, served by Kentucky Power, which plans a new gas unit at its former Big Sandy coal plant in Louisa; in August 2026 the company said the campus could grow to as much as 2 GW.7 That project is less advanced than TeraWulf’s western Kentucky campus in Hancock County, where the PSC approved a service agreement for up to 482 MW in August 2026.612 Near Russell, a developer has proposed a hyperscale campus of eight two-story buildings on the 425-acre former AK Steel brownfield, an $8–12 billion plan that a local moratorium on data center applications could affect.16
Reclaimed mine land brings specific diligence items: compacted or uncompacted spoil and old underground workings for the geotechnical investigation, severed mineral rights, reclamation bond status and water supply in narrow valleys. Our guides to repurposing industrial and power plant sites and brownfield liability protections cover the common issues.
06How to start a Kentucky site screen
- 01Identify the serving utility and its wholesale system (LG&E-KU, an EKPC co-op, Kentucky Power, Big Rivers or a TVA distributor).
- 02Pull the applicable large-load tariff and model minimum bills, term and collateral at the full ramp.
- 03Check the county population tier for the HB 775 investment floor and confirm eligibility with counsel.
- 04Prepare the energy plan content the 2026 executive order calls for.
- 05Screen local ordinances and moratoriums early; Russell’s June moratorium on data center applications shows how quickly local rules can change.16
- 06On mine or industrial land, scope geotechnical, mineral and environmental work before signing a long option.
Location strategy usually splits two ways. Louisville, home to most of the state’s existing data centers, offers fiber and an experienced utility but faces the highest HB 775 investment floor.32 Rural counties offer cheaper land and a $25 million floor, but often need new transmission, water and fiber, so the utility study and the energy plan carry more weight there.2
Our site due diligence checklist expands each step. If you hold land in Kentucky and want an independent read on power and buildability, get a site reviewed.
Common questions
Does Kentucky have a sales tax exemption for data centers?
Yes. HB 8 (2024) created a sales and use tax exemption, and HB 775 (2025) extended it statewide with investment floors of $450 million, $100 million or $25 million depending on county population.12 Projects need preliminary approval from the Kentucky Economic Development Finance Authority.1
What is EKPC’s data center tariff?
The Data Center Power tariff, approved by the PSC in October 2025, covers data centers of 15 MW or more served by EKPC’s member co-ops.34 Loads above 250 MW must add dedicated generation resources, and each special contract needs PSC approval.34
Is Kentucky in PJM or MISO?
Both, in parts. EKPC and Kentucky Power operate within PJM,116 Big Rivers delivers MISO-sourced power in the west,12 and LG&E-KU plan their own generation as regulated utilities.3 Some areas are served by TVA distributors.
Can former coal mine land host a data center?
It can, and TeraWulf’s proposed campus near Ashland is on an abandoned strip mine.7 Expect extra geotechnical work on spoil and old workings, title work on severed minerals and a check of reclamation status before committing.
What does the 2026 Kentucky executive order require?
Signed on August 6, 2026, it requires data center developers to submit an energy plan to the Energy and Environment Cabinet and directs the PSC to prevent utilities from raising rates to recover data center costs.9 Confirm current filing requirements with the Cabinet.
Notes
- 1.Stites & Harbison, “Kentucky Tax Incentives for Qualified Data Centers,” 2024. stites.com
- 2.Stites & Harbison, “Kentucky Vastly Expands Data Center Tax Incentives,” 2025. stites.com
- 3.Kentucky Energy Planning and Inventory Commission, “EPIC Report No. 2026-001,” 2026. caer.uky.edu
- 4.WKYU, “Kentucky regulators approve power co-op’s rates, terms for future data centers,” 2025. wkyufm.org
- 5.WKYU, “LG&E says $3B expansion will protect Kentucky ratepayers from data center costs, others are doubtful,” 2025. wkyufm.org
- 6.West Virginia Public Broadcasting, “Power for TeraWulf data center may not come from Kentucky or coal,” 2026. wvpublic.org
- 7.Government Technology, “Kentucky data center developer says it could double in size,” n.d. govtech.com
- 8.WKYT, “Kentucky report: Data centers could bring billions, but state must protect ratepayers,” 2026. wkyt.com
- 9.WSMV, “Gov. Beshear signs executive order increasing requirements for data center developers in Kentucky,” 2026. wsmv.com
- 10.WKYU, “Kentucky regulators grant LG&E-KU permission to build power plants for future data centers,” 2025. wkyufm.org
- 11.Electricity Forum, “PJM integrates Kentucky electric coop into operations,” 2013. electricityforum.com
- 12.WEKU, “Ky. utility regulator OKs electricity contract for TeraWulf’s Hancock County data center project,” 2026. weku.org
- 13.WEKU, “LG&E and KU ask for a rehearing on rate case at the Kentucky PSC,” 2026. weku.org
- 14.U.S. Energy Information Administration, “Kentucky Electricity Profile,” n.d. eia.gov
- 15.Kentucky Lantern, “Editor’s notebook: Are data centers the new coal mines of Kentucky?,” 2026. kentuckylantern.com
- 16.News From The States, “Developer proposes hyperscale data center at former Eastern Kentucky steel mill,” n.d. newsfromthestates.com
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This guide is general information about data center site selection. It is not engineering, legal, tax or investment advice. Requirements vary by state, utility and county, so confirm the specifics for any site with the relevant authorities and advisors.
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