News & Analysis as of

Proposed Regulation Utilities Sector

Latham & Watkins LLP

Understanding New York’s Proposed Mandatory Greenhouse Gas Reporting Program: Key Insights and Comparative Analysis

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On March 26, 2025, the New York State Department of Environmental Conservation (NYSDEC) announced proposed regulations that would establish a mandatory greenhouse gas (GHG) reporting program for fuel suppliers, waste haulers...more

Latham & Watkins LLP

Ofgem Approves Great Britain’s Grid Connections Reform

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The reform aims to prioritise “ready” and “needed” projects for grid connection. On 15 April 2025, the energy regulator for Great Britain, Ofgem, made its final decision to reform the electricity grid connection process,...more

Williams Mullen

UPDATE: Virginia Department of Environmental Quality Releases Virginia Stormwater Management Handbook

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On March 18, 2024, we issued an alert addressing Virginia Department of Environmental Quality’s (VDEQ’s) recently proposed Virginia Stormwater Management Handbook, Version 1.0 (Handbook). The proposed Handbook is available...more

Eversheds Sutherland (US) LLP

Section 45V: Treasury and IRS issue guidance on the Clean Hydrogen Production Tax Credit

On December 26, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued proposed regulations (Proposed Regulations) pertaining to the clean hydrogen production credit (Clean Hydrogen...more

Foley Hoag LLP - Energy & Climate Counsel

New York Releases Preliminary Outline of Cap-and-Invest Program

On December 20, 2023, the New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) released a pre-proposal outline of New York State’s...more

Holland & Knight LLP

Eyes on Energy Tax Update: First Quarter 2023

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Eyes on Energy Tax Update is a regular publication of the Holland & Knight Energy Tax Team that provides highlights of important energy tax developments. ...more

Sheppard Mullin Richter & Hampton LLP

Federal Trade Commission Petitioned To Investigate Electric Utilities

On May 18, a coalition of 235 consumer, environmental, and public interest groups penned a petition urging the Federal Trade Commission (“FTC”) to investigate alleged anticompetitive business practices undertaken by electric...more

Nossaman LLP

[Webinar] Turning the Tide on Cybersecurity for the Water Sector - November 16th, 11:00 am - 12:00 pm PT

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Cyberattacks on organizations worldwide surged 40% in 2021. September 2021 broke records for the number of weekly cyberattacks, topping all other months since January 2020. Currently, one out of every 61 organizations...more

Foley & Lardner LLP

New Regulations Expand CFIUS’s National Security Authorities to U.S. Energy Sector Investments

Foley & Lardner LLP on

Changes May Impact Foreign Acquisition of Critical Infrastructure and Real Estate Necessary for Solar, Wind, and Other Energy Projects - On February 13, 2020, the U.S. Treasury implemented updated regulations that could...more

Downey Brand LLP

California Air and Climate Vol. 11: CARB Continues Roll-Out to Reduce Emissions from Vessels in California Ports and Targets...

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CARB Continuing Roll-Out of Revised Regulations to Reduce Emissions from Ocean-Going Vessels in California Ports - On December 5, 2019, the California Air Resources Board (CARB) will hold a public hearing in Oakland,...more

Holland & Knight LLP

Michigan Workgroup Issues Health-Based Drinking Water Value Recommendations for PFAS in Next Step Toward Establishing Enforceable...

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On June 27, 2019, the Michigan Science Advisory Workgroup (the Workgroup) issued its Health-Based Drinking Water Value Recommendations for PFAS in Michigan. In late March 2019, Gov. Gretchen Whitmer announced the formation of...more

Perkins Coie

Utility Regulatory Commissions in Wisconsin and Iowa Chart Path on Electric Vehicle Infrastructure

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Two midwestern states are taking up the issue of how to address the expansion of electric vehicles (or EVs) in their jurisdictions. The Iowa Utilities Board recently proposed regulations addressing whether EV charging...more

Eversheds Sutherland (US) LLP

Proposed 163(j) regulations provide needed guidance to utilities

On November 26, 2018, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued much-anticipated proposed regulations (Proposed Regulations) under section 163(j) of the Internal Revenue Code of...more

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

Aligning PURPA with the Modern Energy Landscape: National Association of Regulatory Utility Commissioners Federal Energy...

The National Association of Regulatory Utility Commissioners (“NARUC”) issued an October 11th paper titled: Aligning PURPA with the Modern Energy Landscape – A Proposal to FERC (“Proposal”) ...more

Buchalter

California Regulatory Happenings - August 2018

Buchalter on

On 10/4/17, the ALJ issued a ruling requesting comment on a staff proposal for implementing AB 1923 provisions related to interconnection rules for bioenergy feed-in tariff under the California RPS. Comments were due by...more

Eversheds Sutherland (US) LLP

Proposed 168(k) regulations offer several surprises for utilities and present challenges with uncertainties left unaddressed

The proposed regulations under section 168(k) issued by Treasury and the Internal Revenue Service (IRS) on August 3, 2018, not only presented utilities with some surprises, but also raised concerns as a result of unaddressed...more

Buchalter

California Regulatory Happenings - June 2018

Buchalter on

On 5/26/17, the ALJ issued a proposed decision implementing new compliance requirements for the RPS program in response to SB350. These new rules for long-term contracts start with the compliance period beginning 1/1/21. The...more

Mintz - Energy & Sustainability Viewpoints

Update on Massachusetts SMART Program: Where Are We Now?

It has been over two years since Governor Baker enacted the Solar Massachusetts Renewable Target (SMART) Program, and nearly one year since the state’s Department of Energy Resources (DOER) released its final set of proposed...more

Allen Matkins

Implications of Energy Use Disclosure Law on California Real Estate Transactions

Allen Matkins on

The California Energy Commission recently released its proposed regulations under Assembly Bill 802 (AB 802) to replace the now defunct Assembly Bill 1103 (AB 1103), codified as Public Resource Code Section 25402.10. The key...more

Akin Gump Strauss Hauer & Feld LLP

Proposed Bill Would Require State Public Utility Regulatory Authorities to Consider the Cost of Distributed Generation

On March 13, Sen. Jeff Flake (R-AZ) introduced the Ratepayer Fairness Act (RFA). The RFA would amend the Public Utility Regulatory Policies Act of 1978 (PURPA) to require that state public utility regulatory authorities and...more

Brownstein Hyatt Farber Schreck

Denver Proposes Mandatory Energy Benchmarking and Implementation of Efficiency Measures

The Energize Denver Task Force, a task force created in December 2015 by the City and County of Denver, recently recommended specific energy efficiency benchmarking measures for commercial and multifamily residential...more

Bracewell LLP

Proposed Regulations Could Have a Substantial Effect on Special District Issuers, Especially Developer Districts

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In an important development for special districts, including water districts, road districts, and other utility districts, on February 22, 2016, the Internal Revenue Service (“IRS”) released proposed Treasury Regulations (the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Issues Proposed Policy Statement on “Hold Harmless” Commitments in Federal Power Act Section 203 Proceedings

The Federal Energy Regulatory Commission (FERC) last week issued a proposed policy statement to clarify FERC’s allowance of “hold harmless” commitments in applications filed under Section 203 of the Federal Power Act (FPA)....more

Katten Muchin Rosenman LLP

CFTC Proposes to Amend De Minimis Threshold for Swaps with Utility Providers

The Commodity Futures Trading Commission has proposed to amend the “special entity” de minimis exception from swap dealer designation to exclude certain swaps with public utility providers. The proposed regulations are...more

Stinson - Corporate & Securities Law Blog

CFTC Proposes Rule to Exclude Municipal Utilities from $25 Million De Minimis Swap Dealer Threshold

Today the CFTC published its proposed rule that would exclude most swaps used by municipal utilities for hedging purposes from counting against the $25 million swap dealer de minimis threshold that currently applies to swaps...more

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