News & Analysis as of

Power Infrastructure

Troutman Pepper

FERC Dismisses Challenges Related to Market-to-Market Coordination over Data Center-Constrained Flowgate

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On September 10, 2024, FERC issued an Order denying two complaints. The first complaint was filed on January 23, 2023 by Montana-Dakota Utilities Company (“MDU”) against Midcontinent Independent System Operator, Inc....more

Troutman Pepper

Eighth Circuit Applies FERC’s Filed Rate Doctrine to Reject Allegations that SPP Breached an Oral Contract Made During Winter...

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On August 5, 2024, the United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) denied Associated Electric Cooperative, Inc.’s (“AECI”) petition for review of a Federal Energy Regulatory Commission (“FERC”)...more

Troutman Pepper

Complying With Information Requests: Utility Makes Novel Proposal to “Snitch” on Suspected Cannabis Growers

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Last week, the Maine Public Utilities Commission (the commission) heard an unusual pitch: an electric utility proposed to voluntarily report to law enforcement if residential utility usage suggested illegal marijuana grow...more

Bennett Jones LLP

Alberta Next—What's next for Energy and Environment in Alberta

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Members of the Bennett Jones' Energy and Energy Regulatory groups attended the Calgary Chamber of Commerce’s recent “Alberta Next Series on Energy and the Environment” event, eager to hear from industry leaders and policy...more

DarrowEverett LLP

Betting the Farm on Solar: Leasing and Due Diligence Considerations

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While imagery of the American Dream used to be picturesque farm towns, robust bounties and families gathered around the table for a meal, values have shifted, and once-robust farming communities have become forgotten lands,...more

Mayer Brown

Implementation Plan to Vietnam’s PDP8 Released

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Following the release of Vietnam’s eighth national power development plan (“PDP8”) in mid-2023, the Prime Minister has now approved the implementation plan to PDP8 under Decision No. 262/QD-TTg (“Decision 262”). As the name...more

Troutman Pepper

Changes to Eagle Take Permitting Finalized by Fish and Wildlife Service

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Effective April 12, a new eagle take permitting regime will be in place. The eagle take permitting scheme has been criticized because of its overly conservative and burdensome requirements. These concerns culminated in a...more

Mayer Brown

Sustainable data centers—The German Energy Efficiency Act: What data center operators need to consider now and in the future

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The German Energy Efficiency Act (the “Act”) came into force at the end of 2023. As of January 1, 2024, energy efficiency obligations apply specifically to data centers. The Act provides for new rules on energy efficiency,...more

K&L Gates LLP

Texas Updates

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Over the last several months there have been a number of developments within the Electric Reliability Council of Texas (ERCOT) region. The most significant have been the issuance of a Joint Blackstart Availability Study and...more

BCLP

Update on UK Energy Reforms

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The Government’s energy infrastructure reform programme continues to gather pace following publication of multiple important documents this autumn. In this Insight we discuss the recent progress and new announcements setting...more

Perkins Coie

DOE Study Finds US Must Double Regional Transmission Capacity To Meet 2035 Clean Energy Goal

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Last week, the U.S. Department of Energy (DOE) released its National Transmission Needs Study (Needs Study), which concludes that there is a pressing need for additional transmission infrastructure. That need is expected to...more

BCLP

NSIP operational reform consultation: will it improve the process?

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The Government is currently consulting on operational changes to the NSIP consenting process that have the potential to make significant improvements to parts of the DCO process. In this Insight we outline the changes...more

Troutman Pepper

The Next Phase of RNG Is Here, Now What?

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The utility industry is rapidly adopting biomethane, also known as renewable natural gas or “RNG,” to supplement traditional natural gas as a fuel source for both electric generation and heating purposes. Previously, RNG...more

Troutman Pepper

FERC Reverses Course, Rejects SPP Byway Cost Allocation Proposal for Second Time

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On July 13, 2023, FERC on rehearing set aside its prior order that had accepted Southwest Power Pool, Inc.’s (“SPP”) proposal to establish a case-by-case process to allocate, on a regional, postage-stamp basis, all of the...more

Troutman Pepper

D.C. Circuit Backs FERC in New York Cost Allocation Dispute, Giving FERC Broad Deference under the Rule of Reason

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On July 7, 2023, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion rejecting petitioner Hecate Energy Green County 3 LLC’s (“Hecate”) claim that the New York Independent System...more

Troutman Pepper

FERC Affirms Finding of Affiliation Over Appointment of Director

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On July 3, 2023, FERC affirmed its earlier determination that Bluescape Energy Partners, LLC’s (“Bluescape”) appointment of a non-independent director to Evergy Inc.’s (“Evergy”) Board of Directors overcomes the rebuttable...more

Foley Hoag LLP - Security, Privacy and the...

Cyberattacks on the Energy Sector Continue to Rise

Cyberattacks on the energy sector have been rapidly growing since 2017, and we saw an all-time high of cyberattack events on the sector in 2022. The energy sector is particularly vulnerable due to these types of attacks due...more

Pillsbury Winthrop Shaw Pittman LLP

A Hat Tip to the Manufacturing, R&D and Electric Power Industries: California Bill Would Provide Income Tax Credits for Sales and...

California’s Existing Partial Exemption for Statewide Sales and Use Tax Paid on Qualified Tangible Personal PropertyRTC section 6377.1 exempts from certain state sales and use taxes the sale of, and the storage, use or other...more

Bradley Arant Boult Cummings LLP

Key Takeaways for the Energy Industry from the 2023 Texas Legislative Session: What Passed and What Failed

Monday, May 29, 2023, marked the official end of the 88th regular session of the Texas Legislature. It was an especially active session for the energy industry, which saw the passage of several bills that, if signed into law...more

A&O Shearman

Vietnam’s Power Development Plan VIII – Initial Impressions

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Vietnam’s long-awaited Power Development Plan VIII (“PDP8”) was approved by the Prime Minister on 15 May 2023 with immediate effect, a milestone in the country’s journey towards energy transition. According to Vietnamese law,...more

Holland & Knight LLP

Plazo para presentar declaración de interés subasta de asignación energía OEF en Colombia

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Como fue anunciado por la Comisión de Regulación de Energía y Gas (CREG) de Colombia a principios del año en curso, se llevará a cabo una nueva subasta de expansión con el objetivo de garantizar la confiabilidad del...more

(ACOEL) | American College of Environmental...

Permitting Reform Redux

In an earlier blog, I commented on this Administration’s “Action Plan” to accelerate infrastructure development following enactment of the Inflation Reduction Act (IRA) [New Action Plan], and Senator Manchin’s related...more

Dinsmore & Shohl LLP

Utility Companies Face Credit Risk from Bankruptcies of Crypto Miners

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From television commercials to naming rights for arenas, the topic of cryptocurrency has been hard to avoid.  While cryptocurrency may be virtual, its creation or ’mining’ occurs in the real world.  This mining poses a credit...more

Wiley Rein LLP

[Webinar] 2023 Federal Infrastructure Series: Following The Money: An Update On Federal Infrastructure Programs - February 28th,...

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Please join us for the inaugural episode of Wiley’s Federal Infrastructure Webinar series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the federal...more

Holland & Knight LLP

DOE Loan Programs Office: 2023 Updates, Overview and Key Insights

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Following the first two years of the Biden Administration, and fresh off of the successful passage of the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA), the U.S. Department of Energy Loan...more

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