Key takeaways
- Natural gas (41%) and nuclear (33%) supplied most of North Carolina’s electricity in 2023, with coal at 11% and solar at 10%.5
- Duke’s proposed tariff covers loads above 50 MW, with minimum payments of at least 75% of contracted capacity over 10–15 years; a commission ruling was expected in fall 2026.16
- Duke reported about 7.6 GW of executed data center service agreements after the first quarter of 2026, all subject to minimum billing.7
- The qualifying datacenter exemption covers electricity and support equipment, needs at least $75 million of real property investment within five years, and is forfeited if the investment is not made.2
- The House version of Senate Bill 730 would require 15-year contracts above 100 MW, closed-loop cooling and an end to local incentives for large data centers.38
01North Carolina at a glance
North Carolina’s grid is built on gas and nuclear. In 2023 natural gas produced 41% of the state’s net generation and nuclear 33%, making North Carolina the fifth-largest nuclear power producer in the country.5 Coal supplied 11% and solar 10%, and the state ranked fourth in solar generating capacity with nearly 6,600 MW.5
Fig. 1North Carolina net generation by source, 2023
- Natural gas41
- Nuclear33
- Coal11
- Solar10
percent of net generation
Most of the state is served by Duke Energy’s two utilities, Duke Energy Carolinas in the west and Duke Energy Progress in the east, with electric cooperatives, municipal systems and Dominion Energy in parts of the northeast covering the rest. North Carolina is not in an organized wholesale market, so service is negotiated with a vertically integrated utility and approved by the North Carolina Utilities Commission. Our Southeast regional guide explains how that model differs from PJM, and our South Carolina guide covers the other half of Duke’s Carolinas system.
Demand forecasts have risen quickly. Duke raised its 2035 forecast of large-customer demand in the Carolinas to 8 GW, 2 GW more than a year earlier, with most of the growth expected from data centers.1
02How Duke Energy handles large loads today
Duke serves large data center loads through a staged process. A customer starts with an initial engagement and a transmission study, and may then negotiate a Letter Agreement and an Energy Supply Agreement (ESA).9 Letter Agreements can require advance refundable capital payments, minimum billing provisions, termination fees and interruptible service obligations.9
Fig. 2Duke Energy’s large-load path in North Carolina
- 01
Initial engagement
Location, size and timing shared with Duke.
- 02
Transmission study
Duke tests what the system needs to serve the load.
- 03
Letter Agreement
Refundable capital payments, minimum bills, exit fees.
- 04
Energy Supply Agreement
Long-term service terms for the campus.
The volume moving through that process is large. Duke said it signed another 2.7 GW of data center agreements in the first quarter of 2026, bringing executed ESAs to about 7.6 GW, and described a late-stage pipeline of 15.4 GW.7 It said its data center ESAs are subject to minimum billing requirements, with load ramping from late 2027 and accelerating in 2028.7 Duke also said data centers are expected to make up 75% of economic development load growth in the Carolinas by 2030.7
For a site buyer, the practical point is that a parcel near Duke transmission is not the same as a parcel with capacity. Ask where a project would sit in Duke’s study sequence and what payments the Letter Agreement would require. Our guides to the large-load interconnection process and load ramp schedules cover the general mechanics.
03The 2026 large-load tariff case
In testimony filed with the Utilities Commission in late June 2026, Duke proposed a large-load tariff for data centers and other customers above 50 MW. They would pay for at least 75% of their contracted capacity for 10 to 15 years, whatever they actually draw, under a standard tariff that replaces the confidential agreements Duke negotiates today.1 Consumer and clean energy advocates had already asked regulators to create separate rates for data centers,10 and many called Duke’s shift welcome but insufficient.11
Cost allocation is the other open issue. The commission’s Public Staff asked for roughly $200 million of the $247 million in grid upgrades Duke had requested to be assigned directly to large-load customers.11 In September 2026 Attorney General Jeff Jackson asked the commission to create a new Duke rate class for data centers, make Duke’s template data center contract public and require reports on agreements that depart from it.6 A ruling on the tariff and Duke’s pending rate cases was expected in the fall of 2026.6
Fig. 3Three versions of large-load terms in North Carolina
Today
Current practice
- Confidential, one-off agreements
- Letter Agreement, then ESA
- Refundable capital payments
- Minimum bills and termination fees
Filed June 2026
Duke’s proposed tariff
- Loads above 50 MW
- Pay at least 75% of contracted capacity
- 10- to 15-year terms
- Standard terms replace one-off deals
Passed House June 2026
SB 730 (House version)
- Loads above 100 MW in a month
- Contracts of at least 15 years
- Contracts must cover all costs of service
- Closed-loop cooling and noise analysis
042025 and 2026 legislation
The 2025 session changed the energy backdrop. Senate Bill 266 eliminated the interim requirement for Duke to cut carbon emissions 70% by 2030. Governor Josh Stein vetoed it on July 2, 2025,12 and the General Assembly overrode the veto on July 29, 2025.13 The change matters for data center siting because it shapes the generation Duke plans to build for new load, which now goes through the commission without that 2030 interim target.
The 2026 session turned to data centers directly. The House amended and passed Senate Bill 730, renamed the Ratepayer Protection Act, by a 69–44 vote on June 3, 2026.3 As passed by the House, the bill would:
- Require data centers using more than 100 MW in a month to hold power contracts of at least 15 years that cover all costs of serving them.3
- Require large data centers to analyze noise within 500 feet of the property line and use closed-loop cooling to limit water use.8
- Bar local governments from offering data centers economic development incentives such as property tax breaks.8
- Prohibit Duke from retiring coal or gas plants until it obtains a permit for a nuclear plant of at least 1,000 MW.8
Industry groups raised alarm about the bill,8 and the amended version went back to the Senate, where it was referred to the Rules Committee.3 We found no report of Senate concurrence or enactment as of October 2026. Check the bill’s status before relying on any of these terms, and see our overview of state data center legislation for how similar bills have fared elsewhere.
05Catawba County, Lenoir and the Research Triangle
North Carolina’s hyperscale history sits in the western Piedmont and foothills. Apple’s campus in Maiden, Catawba County, opened in 2009, covers about one million square feet and represents about $4 billion of investment; Apple announced a $175 million expansion adding a 237,600-square-foot building on land it already owned.14 The campus is supplied with renewable energy through biogas fuel cells, two 20 MW solar arrays and direct clean energy purchases.14 Google first announced its Lenoir campus in 2007 and later committed $1 billion over two years to expand data center infrastructure in the state, centered on Lenoir.15
The Research Triangle is a different story. Its fiber, workforce and proximity to Raleigh and Durham attract proposals, but local resistance grew in 2026. Apex weighed a pause on data centers in March as opposition spread across the state.4 In late August, Cary’s town council approved an 18-month pause on data center applications while staff study the issue and draft an ordinance, and in September Raleigh’s council directed the city attorney to draft a moratorium for a possible October vote.16 Outside the Triangle, Tarboro’s town council denied an application for a 50-acre data center.4
The pattern for a site buyer is clear: in fast-growing Triangle towns, entitlement risk can matter as much as power. Screen for pending moratoriums and study periods before spending on engineering. Our guides to moratoriums and local restrictions and community engagement cover how to approach it.
06The qualifying datacenter sales tax exemption
North Carolina’s main state incentive is a sales tax exemption for qualifying datacenters, in effect since January 1, 2016.2 It covers electricity used at the datacenter and datacenter support equipment located and used there.2
| Term | What it requires |
|---|---|
| Investment | Written determination from the Secretary of Commerce that at least $75 million of private investment in real property has been or will be made within five years of the first qualifying investment. |
| Wages | Certification that the datacenter meets the wage standard for its county tier. |
| Health insurance | Certification that it provides health insurance for full-time employees. |
| Covered items | Electricity, plus support equipment such as substations, generators, transformers, UPS, chillers, cooling towers and servers. |
| Forfeiture | The exemption is forfeited if the required investment is not made on time. |
The sales tax exemption is separate from local property tax incentives, and the House version of SB 730 would bar local governments from offering those incentives to data centers.8 Confirm both with a tax advisor and the county before they go into a pro forma. Our guide to sales tax exemptions by state compares North Carolina’s terms with its neighbors’.
07How to screen a North Carolina site
- 01Identify the utility: Duke Energy Carolinas, Duke Energy Progress, a cooperative, a municipal system or Dominion. Duke’s large-load process applies only in its territory.9
- 02Ask Duke where a new request would sit in its study sequence, given a late-stage pipeline of about 15 GW.7
- 03Price the minimum payment terms under both Duke’s proposed tariff and the House version of SB 730.13
- 04Check the county wage tier and the $75 million investment test for the sales tax exemption.2
- 05Plan for closed-loop cooling and a noise study if SB 730 becomes law.8
- 06Search town and county agendas for moratoriums or study periods, especially in Wake County and the rest of the Triangle.16
These steps do not replace written answers from Duke, the county and a tax advisor, but they show quickly whether a parcel deserves that effort. Our due diligence checklist covers the rest, and you can get a site reviewed if you want an outside screen of a North Carolina parcel.
Common questions
Does North Carolina have a data center tariff?
Not yet as a standard tariff. Duke proposed one in June 2026 for customers above 50 MW, with minimum payments of at least 75% of contracted capacity for 10 to 15 years.1 Until the Utilities Commission rules, large loads are served under negotiated Letter Agreements and Energy Supply Agreements.9
Does North Carolina offer a sales tax exemption for data centers?
Yes. Qualifying datacenters are exempt from sales and use tax on electricity and support equipment if they meet county wage standards, provide health insurance and make at least $75 million of real property investment within five years.2 The exemption is forfeited if the investment is not made.2
What is North Carolina Senate Bill 730?
SB 730, renamed the Ratepayer Protection Act, passed the House in amended form on June 3, 2026. It would require 15-year power contracts for data centers above 100 MW and bar local incentives, among other provisions.38 It returned to the Senate, and its final status should be checked before relying on it.3
Notes
- 1.Canary Media, “Duke Energy proposes special rules for data centers in North Carolina,” 2026. canarymedia.com
- 2.North Carolina Department of Revenue, “Important Notice: Qualifying Datacenter,” n.d. ncdor.gov
- 3.NC Newsline, “NC House advances bill to regulate data centers, require more nuclear power,” 2026. ncnewsline.com
- 4.NC Newsline, “Apex weighs pause on data centers as resistance spreads across NC,” 2026. ncnewsline.com
- 5.U.S. Energy Information Administration, “North Carolina State Energy Profile Analysis,” n.d. eia.gov
- 6.NC Newsline, “NC AG Jackson requests new Duke rate class for data centers,” 2026. ncnewsline.com
- 7.Alphaspread, “Duke Energy Q1 2026 Earnings Call,” 2026. alphaspread.com
- 8.WUNC, “NC House advances bill addressing data center development, mandating new nuclear plant,” 2026. wunc.org
- 9.Nelson Mullins, “Developments on How Duke Energy Integrates Data Centers and Other New Large Load Customers in North Carolina,” n.d. nelsonmullins.com
- 10.WUNC, “Consumer advocates push NC state regulators to create separate rates for data centers,” 2026. wunc.org
- 11.Canary Media, “Data centers are key to fight over Duke electric rates in North Carolina,” 2026. canarymedia.com
- 12.NC Newsline, “Governor Stein vetoes three bills, including controversial Duke Energy emissions proposal,” 2025. ncnewsline.com
- 13.Axios Raleigh, “New North Carolina laws include one allowing guns in private schools,” 2025. axios.com
- 14.Data Center Dynamics, “Apple to invest $175m in expanding North Carolina data center,” n.d. datacenterdynamics.com
- 15.Data Center Dynamics, “Google pledges $1bn investment in North Carolina data centers,” n.d. datacenterdynamics.com
- 16.WFAE, “Raleigh and Cary data center moratorium,” 2026. wfae.org
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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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