News & Analysis as of

Electricity

Troutman Pepper Locke

FERC Clears the Way for the California Independent System Operator’s Extended Day-Ahead Market

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On August 29, 2025, FERC issued three orders accepting tariff revisions proposed by PacifiCorp and Portland General Electric (“PGE”) to enable both utility’s participation in the California Independent System Operator...more

Stoel Rives - Renewable + Law

D.C. Circuit Affirms FERC’s Definition of “Power Production Capacity” in Broadview Solar

On September 9, 2025, the D.C. Circuit in Solar Energy Industries Association v. FERC affirmed FERC’s prior decisions in Broadview Solar, holding that a qualifying facility’s capacity under the Public Utility Regulatory...more

Troutman Pepper Locke

NextEra Receives FERC Waiver to Facilitate Nuclear Plant Restart in Iowa

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On August 25, 2025, the Federal Energy Regulatory Commission (“FERC”) granted NextEra Duane Arnold, LLC (“NEDA”) a waiver of certain sections of the Midcontinent Independent System Operator, Inc.’s (“MISO”) tariff to use...more

Husch Blackwell LLP

SPP Proposes to Speed Up Interconnection Process for High Impact Large Loads

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On September 4, 2025, the Board of Directors of Southwest Power Pool (SPP), the regional transmission organization (RTO) responsible for much of the central United States, passed Revision Request 696 (RR 696), paving the way...more

Husch Blackwell LLP

MISO to Adjust Settlement Statements for the 2025/26 Planning Resource Auction

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MISO announced at its August 20 Resource Adequacy Subcommittee stakeholder meeting that it had found a software coding error affecting calculations for capacity resource payments dating back to 2017 for the 2018-2019 planning...more

Jones Day

JONES DAY TALKS®: Real Assets Roundup Episode 4: Legal and Energy Challenges of Powering Data Centers

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The demand for data centers driven by AI and cloud migration have strained the energy infrastructure. As power consumption exceeds availability, the legal and business challenges of securing power, building out infrastructure...more

Pullman & Comley, LLC

Connecticut Landlords Beware: RUBs Billing is Illegal in Multiunit Properties

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A little more than a year after Ratio Utility Billing (RUB) was declared illegal by the Connecticut Supreme Court, some landlords are still using it. Moreover, some billing vendors are still advertising RUB billing for...more

Holland & Knight LLP

La CREG define reglas de subasta para el cargo por confiabilidad en Colombia

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La Comisión de Regulación de Energía y Gas (CREG) de Colombia expidió la Resolución CREG 101 079 de 2025. Con esta se viabiliza la subasta de asignación de las obligaciones de energía firme (OEF) del cargo por confiabilidad...more

Spilman Thomas & Battle, PLLC

Extending the Lives of Fossil Fuel Power Plants Based on Arguably Tenuous Assumptions May Increase Power Prices

In July, the Trump administration’s Department of Energy (DOE) issued a report on the adequacy of electric generation resources to meet the current and projected demand for electricity. The DOE report ostensibly supports the...more

White & Case LLP

Grid Operators Propose Innovative Measures to Manage Electricity Demand from Data Centers

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As the demand for artificial intelligence grows at a rapid pace, regional transmission organizations in the US are designing new solutions to connect data centers to the power grid....more

A&O Shearman

Highlights of the New Sections 45Y and 48E Wind and Solar Beginning-of-Construction Guidance

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On July 4, 2025, Public Law 119-21, commonly known as the One Big Beautiful Bill Act (the “OBBBA”), became law and enacted significant changes to various renewable energy incentives, including the clean electricity production...more

Stoel Rives LLP

CPUC Opens Rulemaking to Modernize Rule 21 Interconnection Procedures

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The California Public Utilities Commission (CPUC or Commission) has launched a new rulemaking to update Electric Tariff Rule 21 (Rule 21). This proceeding was initiated through an Order Instituting Rulemaking (OIR) adopted at...more

White & Case LLP

German Federal Court of Justice Upholds Building Cost Subsidies for Battery Storage Operators

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The German Federal Court of Justice (Bundesgerichtshof; "BGH") recently ruled that operators of battery energy storage systems ("BESS") must pay building cost subsidies (Baukostenzuschüsse) in the same way as other grid...more

Holland & Knight LLP

Will New Jersey Reregulate Utility Rates?

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With New Jersey's gubernatorial election campaign season underway, increasingly high energy costs have become a contentious, high-profile issue. Some blame the state's focus on alternative energy over traditional fossil...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Power Check: Watt's Going on with the Grid: Bank of America Institute Report

The Bank of America Institute (“Institute”) issued a July 22nd report titled: Power check: Watt’s going on with the grid? (“Report”)....more

Troutman Pepper Locke

D.C. Circuit Upholds PJM’s $12 Million Nonperformance Penalties Against Energy Harbor for Failing to Perform When Called Upon...

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On July 11, 2025, the D.C. Circuit upheld PJM Interconnection L.L.C.’s (“PJM”) assessment of $12 million in penalties against Energy Harbor, LLC (“Energy Harbor”) for failing to perform when called upon by PJM during a major...more

Troutman Pepper Locke

FERC Launches FPA 206 Investigation to Assess Necessity of the WECC Soft Price Cap

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On July 15, 2025, FERC initiated an investigation, pursuant to section 206 of the Federal Power Act (“FPA”), to assess whether the Western Electricity Coordinating Council’s (“WECC”) soft price cap on spot market energy sales...more

Troutman Pepper Locke

Ninth Circuit Upholds FERC’s Denial of RTO Incentive Adder for California Utilities Due to Mandatory CAISO Participation

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On July 11, 2025, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued an opinion in Pacific Gas & Electric Company v. FERC, addressing a challenge by Pacific Gas & Electric Company (“PG&E”), Southern...more

BCLP

The Wait for CATOS Continues, but the Picture Might Just Be Getting Clearer

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As part of the government’s wider review of the electricity transmission network via the Integrated Transmission Planning and Regulation Project, and after its successful introduction of competition to offshore transmission...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 9, Issue 7, July 2025

Volume 9, Issue 7 Welcome to our seventh issue of Currents 2025. In this issue, we look at the changing tides for coal, the new NEPA procedures, West Virginians desire for lower cost energy, southwestern Virginia's newest...more

Perkins Coie

FERC Meeting Agenda Summaries for July 2025

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's (FERC or the Commission) open meeting to be held on July 24, at 10:00 a.m. ET. The summaries below are based on publicly...more

Spilman Thomas & Battle, PLLC

One Big Beautiful Comeback: Coal-Fired Generation

In recent years, coal-fired generation has reduced significantly in relation to other energy generation. As recently as 2014, according to the Environmental and Energy Study Institute, coal produced 39 percent of electricity...more

White & Case LLP

Summary of FERC Meeting Agenda for July 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on July 24, 2025, pursuant to the sunshine notice released on July 17, 2025....more

Baker Botts L.L.P.

Texas Senate Bill 6: Understanding the Impacts to Large Loads and Co-located Generation

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During its 2025 regular session, the Texas Legislature passed Senate Bill 6 ("SB 6") to establish a regulatory framework to manage the rapid growth of consumers with high electricity demand (currently ≥ 75 MW)—referred to as...more

Carlton Fields

Seventh Circuit Affirms Broad Reading of CGL Policy’s “Radioactive Matter Exclusion” to Include EMF Radiation

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On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more

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