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jaapz 8 hours ago

If that is the original intent, why did that not get added into the law? Explicitly specififying that the exception only applies to emergency backup situations would have solved this, right?

bob1029 8 hours ago | parent | next [-]

"Emergency" is a spectrum.

Would you be OK with one specific generation station temporarily emitting 3x more than legal limit (e.g., from the hours of 2pm to 6pm) if the alternative is a 5% increase in absolute probability of a multi-day regional blackout? What about a 10% increase? Where is your red line?

m463 7 hours ago | parent | next [-]

Isn't the US in a perpetual state of emergency?

https://en.wikipedia.org/wiki/List_of_national_emergencies_i...

7 hours ago | parent | prev [-]
[deleted]
Ekaros 8 hours ago | parent | prev | next [-]

My reasonable guess is that they did not want to make those case that need off-grid generation too hard to build. And never considered that anyone would build any actually significant amount of off-grid capacity. At certain threshold grid just makes economic sense. So rational actors would never do that.

Sadly AI companies are entirely irrational actors so this really was rather hard to foresee...

Sanzig 8 hours ago | parent [-]

Yep. The loophole is not hard to close, they could restrict the exemption to standby generators which only operate (1) in the event of a grid outage, and (2) for testing purposes.

For a genuine off-grid use case (eg: very rural locations), they could add a new exemption which allows installations up to X kW capacity per site where local grid connections do not exist. Set X large enough that it won't negatively impact applications like cabins or nature retreats, but small enough that it's not useful to a large operator like a datacentre.

Of course, this all requires a functional Congress... so good luck.

bpodgursky 8 hours ago | parent | prev | next [-]

Because congress passed the law in 1970 and did not expect we'd lose the ability to pass legislation that fixes minor problems with the original laws.

Since congress can't do that anymore, to maintain a functional civilization we have to turn minor loopholes in the original law into load-bearing aspects of an industrial society.

Muromec 8 hours ago | parent | prev | next [-]

Clearly codifying intent in a string of bytes is hard, especially if an alternative makes a nice sound folding into a pocket.

Marazan 8 hours ago | parent | prev [-]

The law is not a set of hard coded rules. It is an agreement between humans, tied up in unspoken conventions. The principle one being, don't be a dick. The law always breaks down when it is treated as a hard and fast set of instructions that can be "hacked" by slavish adherence to precise language.