On June 13, 2024, the Federal Energy Regulatory Commission (FERC) issued an “Order to Show Cause” (Order) under Section 206 of the Federal Power Act to four regional transmission organizations (RTOs) and independent system...more
At its May 13, 2024 open meeting, the Federal Energy Regulatory Commission (FERC) approved a groundbreaking final rule—Order No. 1920 —requiring public utilities to undertake new long-term regional transmission planning over...more
At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more
6/13/2024
/ Department of Energy (DOE) ,
Electricity ,
Energy Sector ,
Federal Power Act ,
FERC ,
Final Rules ,
Infrastructure Investment and Jobs Act (IIJA) ,
Land Owners ,
NEPA ,
Transmission Planning ,
Utilities Sector
P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online.
In this, our seventh annual report covering public-private...more
5/13/2024
/ Commercial Real Estate Market ,
Coronavirus/COVID-19 ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Electric Vehicles ,
Energy Projects ,
Federal Contractors ,
Higher Education Act ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Labor Shortage ,
Prevailing Wages ,
Private Activity Bonds ,
Project Delivery Methods ,
Project Labor Agreements ,
Public Private Partnerships (P3s) ,
Risk Management ,
Tax Credits ,
Transportation Industry ,
Wage Determinations (WDs)
The Texas Legislature, primarily responding to the unprecedented ERCOT system load shed event during 2021’s Winter Storm Uri, enacted far-reaching system and wholesale market reforms during its 2021 and 2023 legislative...more
On July 28, 2023, the Federal Energy Regulatory Commission (FERC) issued a landmark order that reforms the generator interconnection process in response to a clear need for nation-wide improvements due to rapidly changing...more
In a forty-page opinion issued by Chief Justice Nathan L. Hecht, the Texas Supreme Court held that the Electric Reliability Council of Texas (“ERCOT”) has sovereign immunity regarding allegations of overpricing during Winter...more
In a rulemaking issued April 6, 2023, the Public Utility Commission of Texas (“Commission”) adopted amendments to market participant registration and certification requirements.[1] The Commission’s rule amendments...more
On February 8, 2023, the State of Minnesota enacted House File 7 (“H.F. 7”) to modify electric utility standards and revises the state’s goals for generating carbon-free electricity by 2040. As discussed below, H.F. 7...more
The Public Utility Commission of Texas (Commission) plays a vital role in regulating the Electric Reliability Council of Texas (ERCOT) wholesale market, and retail energy markets throughout all of Texas. This article...more
On October 3, 2022, the Department of Energy (DOE) issued a request for information (RFI) from the public seeking input on ways the DOE can leverage its authority under the Defense Production Act (DPA) to stimulate domestic...more
On October 25, 2022, the Department of Energy (DOE) Office of Electricity (OE) issued a request for public comment on its Microgrid Program Strategy. Comments are due November 25, 2022....more
Beginning on Monday, December 5, 2022, the Federal Energy Regulatory Commission (FERC) will host a two-day, staff-led workshop on interregional transfer capability requirements for public utility transmission providers....more
On September 22, 2022, the U.S. Department of Energy (DOE) announced a $6-7 billion Funding Opportunity to begin the development of a nationwide program for the planning, construction, and operation of commercial-scale...more
The Department of Energy (DOE) issued a request for information (RFI) from the public on how the DOE could best leverage the Defense Production Act (DPA) to stimulate domestic manufacturing of clean energy technologies and...more
In the wake of increasing inflation and as a means of codifying several of the Biden administration’s legislative priorities, the Senate passed the $750 billion Inflation Reduction Act on August 7, 2022 (the “Act”), by a...more
9/14/2022
/ Biden Administration ,
Carbon Emissions ,
Clean Energy ,
Department of the Interior ,
Greenhouse Gas Emissions ,
Healthcare ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
Tax Revenues ,
Technology Sector
The Repurchase of Corporate Stock provision of the Inflation Reduction Act of 2022 (IRA), often called the stock-buyback provision, imposes a one percent excise tax on the repurchase or redemption of stock by covered...more
The Inflation Reduction Act of 2022 (IRA) includes increased Internal Revenue Service (IRS) funding in the amount of approximately $80 billion over ten years. According to a Congressional Research Service report, the law...more
On April 21, 2022 a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power...more
In March 2022, Pacific Gas & Electric (“PG&E”) announced a partnership with General Motors to create a bidirectional electric vehicle (“EV”) charging program in California that would allow homes and small businesses to be...more
On November 19, we published an article on the Federal Energy Regulatory Commission’s (“FERC”) efforts to reform transmission planning and cost allocation issues addressed in FERC’s Advance Notice of Proposed Rulemaking...more
Regulatory Update – FERC transmission planning process reform-
On July 15, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an Advanced Notice of Proposed Rulemaking (“ANOPR”) to broadly examine FERC’s...more
On May 7, 2021, pipeline operator Colonial Pipeline Company suffered a ransomware cyberattack on its namesake Colonial Pipeline. Hackers attacked computerized management equipment, effectively freezing one of the largest...more
11/18/2021
/ Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Energy Projects ,
FBI ,
First-Party Coverage ,
Hackers ,
Oil & Gas ,
Popular ,
Ransomware ,
Renewable Energy
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, a monumental $1.2 trillion bipartisan infrastructure bill. Given its wide scope, the bill will drive remarkable activity and...more
11/17/2021
/ Carbon Capture and Sequestration ,
Clean Energy ,
Electric Vehicles ,
Energy Projects ,
Grants ,
Hydropower ,
Infrastructure ,
Joe Biden ,
Nuclear Power ,
Oil & Gas ,
Renewable Energy
Pursuant to the Renewable Fuel Standard (“RFS”), the U.S. Environmental Protection Agency (“U.S. EPA”) issues annual renewable volume obligations (“RVOs”), which set the minimum aggregate volume of renewable fuel that...more