News & Analysis as of

Regulatory Requirements Electricity

McDermott Will & Emery

Federal Court of Justice Rules on Costumer Installation

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On May 13, 2025, the Federal Court of Justice (BGH) issued a long-awaited decision (EnVR 83/20) on the question of whether an energy grid can be classified as an unregulated “customer installation” (Kundenanlage). In the...more

White & Case LLP

Summary of FERC Meeting Agenda for May 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission’s monthly open meeting to be held on May 15, 2025, pursuant to the sunshine notice released on May 8, 2025. In this issue… - Electric Items -...more

White & Case LLP

NERC Tees Up Plan to Assess Grid Risks Associated with Data Centers

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The North American Electric Reliability Corporation (NERC) outlined forthcoming activities to identify and address the potential impacts to reliability as a result of the rapid expansion of data centers and other large...more

Troutman Pepper Locke

President Trump Signs Executive Order Aimed at Enhancing U.S. Electric Grid Reliability and Security

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On April 8, 2025, President Donald Trump issued the Strengthening the Reliability and Security of the U.S. Electric Grid executive order aimed at ensuring adequate and reliable electric generation in the U.S., meeting growing...more

Troutman Pepper Locke

FERC Again Rejects Co-Located Load Increase Proposal at Nuclear Facility

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On April 10, 2025, FERC addressed arguments on rehearing that clarified, but did not modify the outcome of, a November 1, 2024, order (“Rejection Order”) rejecting PJM Interconnection, L.L.C.’s (“PJM”) proposal to increase...more

Baker Botts L.L.P.

Anticipating the AI Energy Impact: IEA Highlights Growing Demand from Data Centers

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The International Energy Agency (IEA) recently released a report forecasting a significant increase in global electricity demand from data centers, driven in large part by the rapid adoption of artificial intelligence...more

Morgan Lewis

US Reliability Executive Order Directs Broad Use of DOE Emergency Powers

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President Donald Trump recently issued an executive order titled Strengthening the Reliability and Security of the United States Electric Grid, which aims to bolster electric grid reliability and address the national energy...more

Troutman Pepper Locke

FERC Accepts SPP’s Tariff Revisions Regarding Distribution of Make-Whole Payments for Self-Committed Resources

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On March 27, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) tariff revisions to remove the opportunity for resources that self-commit during the Reliability Unit Commitment Process (RUC) to avoid contributing to RUC...more

Mayer Brown

Brazil Energy Journal | Offshore Power Generation Law

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On January 10, 2025, Brazil enacted Law No. 15,097/2025, which regulates the exploitation of offshore electrical energy potential and is known as the “Offshore Windpower Law”....more

Troutman Pepper Locke

FERC Approves SPP’s RTO West Plan to Connect Eastern and Western Grids

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On March 30, 2025, FERC approved revisions to Southwest Power Pool, Inc.’s (“SPP”) Open Access Transmission Tariff (“Tariff”) and Governing Documents to allow nine entities (“Expansion Members”) in the Western Interconnection...more

Troutman Pepper Locke

FERC Accepts SPP’s Tariff Revisions Incorporating a Mark-to-Auction Mechanism for SPP’s Transmission Congestion Rights Market

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On March 20, 2025, FERC approved Southwest Power Pool, Inc.’s (“SPP”) tariff revisions to incorporate a mark-to-auction collateral requirement for SPP’s Transmission Congestion Rights (“TCR”) market. In doing so, FERC found...more

McGuireWoods Consulting

2025 Data Center Policy Report

House Bill 1601/Senate Bill 1449 – Requires Virginia localities to have any application for a rezoning, special exception, or special use permit from a High Energy Use Facility (HEUF) (which is defined as a facility that will...more

McCarter & English, LLP

MISO Proposes Short-Term Solution to Help Accelerate Generation Project Review Process

Energy markets in the United States are experiencing rapid changes on both the demand and supply sides of the equation. While various drivers such as a resurgence in manufacturing, data center buildouts for cloud computing...more

Blank Rome LLP

City’s Electric Slide Stumbles as Invalid Tax

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We often focus on whether a levy is a tax masquerading as a fee because a state tax must be fairly apportioned under United States Constitutional precedent, while a fee is not so limited. Some “fees” can be quite material in...more

White & Case LLP

New Energy Laws

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1. Introduction - As a result of the constitutional reforms regarding strategic areas and companies, as well as organizational simplification, which came into effect at the end of 2024, the following new energy laws were...more

A&O Shearman

Vietnam: impact on LNG-to-power projects of the new Electricity Law guiding Decree 56

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On March 3, 2025, the Vietnamese government issued Decree No. 56/2025/ND-CP (Decree 56) which provides detailed guidance on the implementation of a number of provisions of the new Electricity Law regarding developing power...more

Perkins Coie

FERC Meeting Agenda Summaries for March 2025

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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 March 13, at 10:00 a.m. ET. The summaries below are based on publicly...more

White & Case LLP

New Provisions for Integrating Electric Energy Storage Systems into the National Electric System

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On March 7, 2025, the Energy Regulatory Commission ("CRE") published the new "General Administrative Provisions for the Integration of Electric Energy Storage Systems to the National Electric System" (the "Provisions")....more

Robinson+Cole Data Privacy + Security Insider

Utilities Petition FCC for Updates to TCPA Guidelines to Allow “Demand Response” Calls and Texts

Edison Electric Institute (EEI), an association that represents all U.S. investor-owned electric companies, petitioned the Federal Communications Commission (FCC) to permit calls and texts under the Telephone Consumer...more

Holland & Knight LLP

Comisión Reguladora de Energía (CRE) publica las DACG de Almacenamiento en México

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La Comisión Reguladora de Energía (CRE) de México, el 7 de marzo de 2025, publicó en el Diario Oficial de la Federación el "Acuerdo de la Comisión Reguladora de Energía por el que se emiten las disposiciones administrativas...more

Troutman Pepper Locke

FERC Grants BP Energy’s Complaint Appealing CAISO Meter Data Reporting Penalty

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On February 27, 2025, FERC granted a complaint filed by BP Energy Retail Company California LLC (“BP Energy” or “Company”) under sections 206 and 306 of the Federal Power Act appealing a penalty the California Independent...more

Troutman Pepper Locke

FERC Grants Waiver Request to Prevent Termination of Interconnection Service to the Palisades Nuclear Plant

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On February 28, 2025, FERC granted a request by Holtec Palisades, LLC (“Holtec”) for waiver of certain provisions of the Midcontinent Independent System Operator, Inc. (“MISO”) Open Access Transmission, Energy and Operating...more

Morgan Lewis

How Recent FERC Orders Are Regulating Electric Storage, QFs, and Inverter-Based Resources in 2025

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Regulatory developments include FERC’s actions on electric storage resources participating in the wholesale markets, co-location of large electric loads, qualifying facility eligibility, and reliability rules for...more

Stoel Rives LLP

FERC Institutes Show Cause Proceeding to Address Co-Location Issues Related to Data Centers Running AI in PJM and Requests...

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On February 20, 2025, the Federal Energy Regulatory Commission (FERC or Commission) issued an order instituting a show cause proceeding in Docket No. EL25-49 to review issues associated with the co-location of large loads...more

Bracewell LLP

Captive Power Projects: A Summary of the Western Africa Regulatory Environment

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Recent increases in construction and financing costs are directly affecting the development of energy projects across Africa. Captive power projects (CPPs) offer the possibility of mitigating this challenging landscape for...more

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