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Regulatory Authority Utilities Sector

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

Downey Brand LLP

California Supreme Court Overrules Chevron-like Deference For Review of Decisions of California Public Utilities Commission

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On August 7, 2025, the California Supreme Court issued its decision in Center For Biological Diversity v. California Public Utilities Commission. The decision reversed the decision of a lower appellate court which had...more

Mayer Brown

FCC Confirms Utilities Demand Response Communications are Permissible Under the Telephone Consumer Protection Act

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On June 9, 2025, the Federal Communications Commission (“Commission”) issued a declaratory ruling clarifying that utilities may send non-telemarketing, time-sensitive “demand-response” calls and texts to customers who have...more

Morgan Lewis - Power & Pipes

Pennsylvania PUC Final Policy Statement on Utility Rate Design for EV Charging Becomes Effective

In November 2023, the Pennsylvania Public Utility Commission (PUC) issued a proposed policy statement to encourage Pennsylvania’s electric distribution companies (EDCs) to develop distribution and default service rate...more

Holland & Knight LLP

FERC Chairman Chides PJM Over Preemption Dispute on Regional Transmission Project

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During the Federal Energy Regulatory Commission's (FERC) open meeting on April 17, 2025, Chairman Mark Christie vigorously criticized PJM Interconnection LLC (PJM) for arguing that its regional transmission project approval...more

Snell & Wilmer

Formula for the Future: The Arizona Corporation Commission’s Move Towards Formula Rates

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In December 2024, the Arizona Corporation Commission (ACC or the Commission) adopted a Formula Rate Plan (FRP) Policy Statement, allowing regulated utilities to propose a mechanism for annual rate adjustments through a...more

Dorsey & Whitney LLP

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

Dorsey & Whitney LLP on

Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more

Snell & Wilmer

Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

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The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more

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