News & Analysis as of

Utilities Sector

Best Best & Krieger LLP

The Price of Water Just Got More Complicated: San Diego’s Legal Battle Over Tiered Rates

On July 30, 2025, a divided California Court of Appeal issued its long-awaited opinion in Patz v. City of San Diego, affirming the trial court’s judgment that the City’s tiered residential water rates violated Proposition 218...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

Husch Blackwell LLP

Virginia Rules Certain Wind Energy Equipment Exempt from Sales Tax

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The Virginia Tax Commissioner issued a ruling on the sales and use taxability of wind electric generating equipment constructed by a taxpayer and used to produce electricity for sale or resale. The facts provided in the...more

Foley Hoag LLP - Energy & Climate Counsel

New York Kicks Off Bulk Energy Storage Procurement

On July 28, 2025, Governor Kathy Hochul announced the launch of New York State’s first bulk energy storage competitive solicitation. In this initial solicitation (the 2025 “Index Storage Credit Request for Proposals,” or...more

Davis Wright Tremaine LLP

FCC Adopts Rules to Promote Fast and Efficient Broadband Deployment

At its July 24, 2025, Open Meeting, with enthusiastic support from all three Commissioners, the FCC adopted a Fifth Report and Order, Fourth Notice of Proposed Rulemaking, and Orders on Reconsideration in WC Docket No. 17-84....more

Schwabe, Williamson & Wyatt PC

Oregon’s New Microgrid Legislation: Paving the Way for Energy Resilience

Oregon has taken a groundbreaking step in clean energy with the enactment of two pioneering microgrid bills—HB 2065 and HB 2066. According to the Center for Climate and Energy Solutions, there are currently 692 microgrids...more

Perkins Coie

FERC Meeting Agenda Summaries for July 2025

Perkins Coie on

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

Maynard Nexsen

Project Catalyst an Economic Development Video Podcast | Episode 16: Powering Alabama’s Economic Progress with Leigh Davis of...

Maynard Nexsen on

In this episode of Project Catalyst, hosts Tina and Tom welcome Leigh Davis, Senior Vice President of Customer Solutions and Business Development at Alabama Power Company. Leigh shares how the utility company is playing a...more

Marshall Dennehey

Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

Marshall Dennehey on

Comer v. American Transmission Systems, Inc., Civil Action No. 23-1464, 2025 WL 1530750 (W.D. Pa. May 29, 2025) - Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he...more

Baker Botts L.L.P.

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

Baker Botts L.L.P. on

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

Carlton Fields on

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

Mogin Law LLP

Supreme Court Asked to Rule on “Monopoly Broth” Theory

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The Supreme Court has been asked to review the Fourth Circuit’s Duke Energy Carolinas, LLC v. NTE Carolinas II opinion endorsing the controversial “monopoly broth” theory, which permits the aggregation of independently lawful...more

Mayer Brown

Provisional Measure Limits the CDE Budget and Creates Rebalancing Mechanism

Mayer Brown on

On July 11, 2025, the Brazilian government published Provisional Measure No. 1,304/2025 (MP), introducing significant changes to the Brazilian energy sector. Below, we highlight the main points proposed in the MP....more

Baker Botts L.L.P.

Texas Senate Bill 6: Significant Changes to Interconnection Requirements Will Impact Large Loads and Other Electric Market...

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During its recently concluded regular session, the Texas Legislature passed Senate Bill 6 (“SB 6”), which establishes new requirements and costs for the interconnection and operation of Large Load customers in Texas. The bill...more

McDermott Will & Schulte

Federal court of justice decides on construction cost subsidies for battery storage systems

On 15 July 2025, the German Federal Court of Justice (Bundesgerichtshof – “BGH”) made its awaited decision (case no. EnVR 1/24) on construction cost subsidies (Baukostenzuschüssen) for battery storage systems (“BESS”)....more

Dorsey & Whitney LLP

Energy Law: Month in Review - June 2025

Dorsey & Whitney LLP on

Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Kilpatrick

Governor Stein Vetoed North Carolina Senate Bill 266 Relating to Energy Policy. What Comes Next?

Kilpatrick on

On July 2, 2025, North Carolina Governor Josh Stein vetoed Senate Bill 266, (“SB 266”) a Bill passed by the North Carolina General Assembly on June 23, 2025. Among other things, SB 266 sought to eliminate the interim...more

Vorys, Sater, Seymour and Pease LLP

Public Utilities Commission of Ohio Authorizes Tariff for AEP Ohio’s Data Center Customers, Requires End of Moratorium on New...

The Public Utilities Commission of Ohio issued a decision on July 9, 2025 authorizing AEP Ohio to implement a new data center-specific tariff that will be applicable to many data center customers signing up for new or...more

McGuireWoods LLP

Texas Senate Bill 6 Significantly Expands Regulatory Oversight Over Large Loads in ERCOT

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Texas Senate Bill 6 (SB 6) took immediate effect upon Gov. Greg Abbott’s signature on June 21, 2025, following its passing by a super-majority in the Texas House and Senate in May. SB 6 has considerable implications for large...more

McGuireWoods LLP

Georgia’s Growth Demands New Infrastructure Blueprint: State Launches Long-Term Policy Study

McGuireWoods LLP on

With more than one million new residents expected by 2035 and a surge in industrial megaprojects statewide, Georgia finds itself at a pivotal moment for infrastructure planning. The state had rapid expansion in sectors such...more

Bracewell LLP

Texas Senate Bill 6 Ushers in Major Overhaul of Large Load Interconnection and Grid Access Rules

Bracewell LLP on

Electricity demand in Texas is growing at rates not seen in over 70 years, and is projected to continue increasing at unprecedented rates. This marked escalation is driven by population growth, electrification of oilfield...more

Foley & Lardner LLP

Senate Bill 6 Positions Texas to Better Manage Large Electrical Loads and Strengthen Grid Reliability

Foley & Lardner LLP on

S.B. 6 amends multiple sections of the Texas Utilities Code and introduces new provisions designed to ensure that large load customers fairly contribute to system costs and can be reliably managed during grid emergencies....more

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

2025 State of the Water Industry Report: American Water Works Association Announces Release

The American Water Works Association (“AWWA”) announced the release of its 2025 State of the Water Industry Report (“Report”). AWWA describes itself as the: …largest nonprofit, scientific and educational association...more

Davis Wright Tremaine LLP

Reverse Preemption Roundup: Two States Poised To Enact Pole Attachment Legislation

Pole attachment legislation is moving through the state legislatures of both Pennsylvania and New York. In Pennsylvania, House Bill 825 would direct the Pennsylvania Public Utility Commission ("PUC") to conduct a rulemaking...more

Troutman Pepper Locke

On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions

Troutman Pepper Locke on

On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (“PJM”) proposal to revise its Capacity Performance Quantifiable Risk (“CPQR”) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor...more

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