The Capacity Crunch, Part Two: Public Utilities, Resource Planning & Deployment, and the IRA - Energy Law Insights
Nota Bene Podcast Episode 133: What’s Driving the Shift Toward Renewable Energy? with Paul Kaufman and Ben Huffman
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
A federal Judge for the United States District Court for the Northern District of Oklahoma recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims...more
Pennsylvania Senate Bill 102 Moves Forward- On May 12, 2025, Pennsylvania Senate Bill 102 was referred to the Pennsylvania Senate Appropriations Committee. The draft legislation had originally been referred to the...more
Last week, Tim Sullivan, CEO of the New Jersey Economic Development Authority (NJEDA), and Christine Guhl-Sadovy, president of the New Jersey Board of Public Utilities (BPU), presented their fiscal year (FY) 2026 budget...more
Massachusetts recently stepped closer to its first major solicitation for long-term energy storage contracts under its new Section 83E authority. On May 5, the MA Department of Energy Resources (DOER), in partnership with the...more
On May 15, 2025, Pennsylvania’s Independent Regulatory Review Commission (IRRC) approved final-form regulations proposed by the Pennsylvania Public Utility Commission (PUC or Commission) regarding the use of a fully projected...more
Key Takeaways: During a recent Pennsylvania Utility Commission (PUC) hearing to evaluate how the rise in data centers is impacting energy demand, grid reliability and utility regulation, stakeholders emphasized fair cost...more
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
The Court of Appeals of Tennessee (“Court”) addressed in an April 22nd Opinion an issue arising out of the right to provide water services in a particular area. See MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE...more
The American Public Power Association (“APPA”) announced the public power utilities that earned the Reliable Public Power Provider (“RP3”) designation. APPA states that this designation is provided to public power...more
We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more
The 114th Tennessee General Assembly concluded its first regular session on April 22, making it one of the most fast-paced sessions in recent years. Despite this compressed timeline, our government relations team successfully...more
On November 12, 2024, the California Public Utilities Commission (CPUC) issued Decision (D.) 24-11-003, "Establishing a Regulatory Framework for Telephone Corporations Providing Interconnected Voice over Internet Protocol...more
The American Public Power Association (“APPA”) announced that 202 utilities earned its Safety Award of Excellence (“Award”) for safe operating practices in 2024. Utilities from across the United States are stated to...more
In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more
The Georgia Supreme Court has denied a request by Sawnee EMC to take up and consider a final appeal in a long-running lawsuit over the right to serve an electric vehicle (EV) charging station. The case arose from Georgia...more
New York AG Letitia James has appointed Geoff Burgan as communications director. He previously served in the U.S. Department of Commerce as the communications director for the CHIPS for America program....more
House Bill 1701 has been introduced that would add a Subchapter 1 to Arkansas Title 14, Chapter 239 titled: Oversight of Wastewater and Sewer Retail Providers. The Bill’s sponsors include: Representative Gonzales...more
As many property owners already know, the Massachusetts Department of Energy Resources (DOER) has begun sending letters to building owners informing them of their obligation to report energy usage for buildings over 20,000...more
At its latest open meeting on February 20, 2025, the Federal Energy Regulatory Commission (FERC) issued an order directing PJM Interconnection, L.L.C. (PJM) and the PJM Transmission Owners (PJM TOs) to demonstrate why the PJM...more
The Federal Energy Regulatory Commission (FERC) recently issued an order (Co-location Order) finding that the treatment of load that co-locates behind generating facilities’ points of interconnection with the grid in the PJM...more
On February 20, 2025, FERC denied Great Basin Transmission, LLC’s (“Great Basin”) request for two transmission incentives for Great Basin’s Southwest Intertie Project-North Transmission Line and associated upgrades to Great...more
When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability? For quite some time, inverse condemnation liability appeared to be...more
PA Crisis Management Agencies Face Funding, Recruitment Challenges -Pennsylvania’s emergency management and fire response agencies are grappling with potential federal funding cuts and recruitment issues, which could impact...more
In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more
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