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Home | BakerHostetler

The Bargaining Table

Perception Versus Reality: Fifth Circuit Backs Board’s Unfair Labor Practice Finding on Termination Based on ‘Perceived’ Section 7 Activity

Alexander Reid Comments on the Effect of Federal Debt on Nonprofits in Tax Notes Article

BakerHostetler Earns Kudos in the 2025 Chambers FinTech USA Ranking

Jimmy Fokas Participates in Panel at Securities Enforcement Forum New York 2025

Your connection to the latest in electricity, natural gas, and utilities news.

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<a href="#state">State Regulatory Developments</a>

<a href="#energy">Energy Industry in Transition</a>

<a href="#change">Change in Administration</a>

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<a href="https://www.utilitydive.com/news/ferc-pjm-rtep-transmission-planning-protocol/734959/" target="_blank" rel="noreferrer noopener">FERC rejects plan to alter PJM’s regional planning control</a>

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The Federal Energy Regulatory Commission rejected proposals that would have given PJM transmission owners more control over the grid operator’s transmission planning. FERC said in response to one set of proposed changes that it was concerned the plans gave owners “undue influence” over planning and expansion, “thereby reducing PJM’s independent governance.”

<a href="https://www.utilitydive.com/news/costly-lesson-supply-demand-pjm-electricity-capacity-shortage-dispatchable-generation/734440/" target="_blank" rel="noreferrer noopener">Industry leader offers approaches for dealing with PJM capacity shortages</a>

The recent PJM capacity auction, which resulted in record-setting prices, signaled the supply of electricity must grow to bring prices down, said the head of a national energy trade group. But the opposite is happening, she added, because coal-fired plants are retiring at an “alarming pace.” She offered five ideas to address capacity shortages and avoid grid reliability problems.

<a href="https://www.utilitydive.com/news/pjm-load-forecast-data-center-dominion-virginia/735056/" target="_blank" rel="noreferrer noopener">PJM sees summer, winter peak loads climbing through 2045</a>

PJM said it expects summer and winter peak loads to climb by an annual average of 2 percent and 3.2 percent through 2045, respectively, up from its previous outlook of 1.6 percent and 1.8 percent. The revision was driven by “large load adjustments,” mainly from newly planned data centers. The forecast includes roughly 50,000 megawatts in new large loads by around 2032.

<a href="https://www.utilitydive.com/news/pseg-ferc-enforcement-pjm-local-supplemental-transmission/734819/" target="_blank" rel="noreferrer noopener">PSE&amp;G to pay $6.6M for inaccurate data on PJM transmission line</a>

Public Service Electric and Gas will pay $6.6 million to settle allegations that it gave PJM inaccurate information about the need for a $546 million local transmission project. The fine was assailed by one critic as being “barely a penalty for what remains a highly profitable investment” and indicates that “no one is checking utilities’ work” on these projects.

State Regulatory Developments

<a href="https://www.statenews.org/government-politics/2024-12-12/nuclear-energy-bill-goes-to-ohio-governor-with-state-park-fracking-provisions" target="_blank" rel="noreferrer noopener">Ohio legislators send nuclear, state park fracking bill to governor</a>

Ohio lawmakers sent the governor a bill that adds natural gas as a resource and nuclear reactions to the state’s definition of “green” energy. They also put provisions into the measure that extended the standard terms for hydraulic fracturing under state parks to five years compared to the current three-year time frame.

<a href="https://energynews.us/2024/12/03/as-climate-policy-shifts-to-states-east-coast-partnership-offers-model-for-multi-state-collaboration/" target="_blank" rel="noreferrer noopener">Landmark greenhouse gas initiative mulls changes, expanded participation</a>

A pioneering regional greenhouse gas initiative on the East Coast is weighing changes or expanding participation to ensure the continued delivery of benefits to its 11 member states. With President-elect Donald Trump’s vow to roll back federal climate action – leaving it up to cities, states and the private sector – the mission of the program has grown even more crucial.

Energy Industry in Transition

<a href="https://www.utilitydive.com/news/shocking-forecast-us-electricity-load-could-grow-128-gw-over-next-5-years-Grid-Strategies/734820/" target="_blank" rel="noreferrer noopener">‘Shocking’ surge in U.S. power demand forecast</a>

A new report forecast that U.S. power demand will grow 15 percent by 2029, rising by up to 128 gigawatts – representing a fivefold increase in load growth predictions over the past two years. The estimate, which was called “shocking,” was fueled by increased consumption from data centers and manufacturing, and will largely come from six regions of the country.

<a href="https://energynews.us/2024/12/04/duke-energy-data-access-rules-poised-to-help-north-carolina-communities-meet-climate-goals/" target="_blank" rel="noreferrer noopener">Duke seeks to change data access rules to help N.C. communities hit climate goals</a>

Duke Energy has proposed a plan to improve data access rules, giving North Carolina customers more access to information that can help their communities meet climate goals. The rules have earned widespread support and potentially have broad application, including for municipalities, large customers, homeowners, solar companies and county officials.

<a href="https://www.power-eng.com/energy-storage/batteries/storage-is-booming-and-batteries-are-cheaper-than-ever-can-it-stay-this-way/" target="_blank" rel="noreferrer noopener">U.S. energy storage is surging, but can the pace be maintained?</a>

The United States added 3,806 megawatts and 9,931 megawatt hours of energy storage in the third quarter of 2024 – a Q3 record and an increase of 80 percent and 58 percent, respectively, year over year. Utility-connected batteries led the growth, bringing on 3,431 MW/9,188 MWh. But as storage booms and battery costs drop, a question lingers: Can this pace be maintained?

<a href="https://energynews.us/2024/12/12/commentary-to-keep-the-lights-on-the-midwest-needs-an-all-of-the-above-power-grid/" target="_blank" rel="noreferrer noopener">‘All-the-above’ strategy urged for Midwest transmission grid</a>

Two energy experts argue that the Midwestern transmission grid must adopt an “all-the-above” focus in order to withstand extreme weather, support rapid demand growth and ensure reliable, low-cost power. They argue that deploying advanced grid technologies can help meet near-term demand growth while new regional and interregional lines are being planned and built.

<a href="https://www.canarymedia.com/articles/batteries/duke-energy-to-knock-down-coal-plant-and-build-its-biggest-battery-yet" target="_blank" rel="noreferrer noopener">Duke Energy to knock down coal-fired plant, build large battery on the site</a>

Duke Energy is set to knock down a coal plant and build its largest grid battery on the same site. When completed, the new system – expected to be completed by October 2027 – will deliver 167 megawatts/668 megawatt hours, matching the instantaneous capacity of the demolished coal-fired unit. The move further signals that big batteries are coming to North Carolina.

<a href="https://www.cpr.org/2024/12/03/xcel-energy-proposed-evening-time-of-use-rates-hike/" target="_blank" rel="noreferrer noopener">Xcel seeks to raise evening time-of-use rates in Colorado</a>

Xcel Energy is asking Colorado regulators to increase its time-of-use rates for consumption in the evening. If the increase is approved, customers would pay the higher rates from 3 p.m. to 9 p.m. on non-holiday weekdays in the summer and from 5 p.m. to 9 p.m. in the winter. Ratepayer advocates criticized the effort and proposed an alternative plan.

<a href="https://solarindustrymag.com/u-s-solar-manufacturing-surges" target="_blank" rel="noreferrer noopener">U.S. solar manufacturing capacity sets record</a>

Solar manufacturing capacity in the United States set a record in the third quarter, according to a new report, in part due to new or expanded factories in four states. Capacity rose by 9.3 gigawatts and is now almost 40 GW. The report added that at full capacity, solar factories can now produce enough equipment to serve almost all U.S. demand for the resource.

<a href="https://www.utilitydive.com/news/ustr-biden-tariff-increase-wafers-polysilicon-tungsten/735300/" target="_blank" rel="noreferrer noopener">Biden orders tariffs of up to 50 percent on some Chinese solar components</a>

The Biden administration ordered tariffs of up to 50 percent on some solar energy components from China. Solar wafers and polysilicon imports will be subject to a 50 percent tariff rate while tungsten products – including steel bars and sheets – will face a 25 percent rate. The increases will go into effect on Jan. 1.

<a href="https://www.utilitydive.com/news/nzaoa-calls-for-mandated-scope-3-emissions-disclosures/735107/" target="_blank" rel="noreferrer noopener">Required disclosures of scope 3 emissions urged</a>

The U.N.-convened Net-Zero Asset Owner Alliance called for mandated scope 3 emissions disclosures. Scope 3 emissions, which are indirect and occur in the value chain, and include upstream and downstream releases, make up around 75 percent of all company emissions across sectors. A goal is to enable alliance members to better assess and decarbonize their portfolios.

Change in Administration

<a href="https://www.eenews.net/articles/reality-of-repealing-green-credits-sinks-in-for-divided-gop/" target="_blank" rel="noreferrer noopener">Downside of eliminating green energy tax credits starts to sink in with GOP</a>

As the reality settles in that billions of dollars in the Inflation Reduction Act’s energy and climate subsidies may be cut, Republican lawmakers and business groups are raising concerns over the wisdom of the move. GOP leaders may ultimately have to convince their members to back the eliminations of tax incentives that benefit their districts.

<a href="https://www.eenews.net/articles/trump-wants-agencies-on-a-short-leash-what-does-that-mean-for-ferc/" target="_blank" rel="noreferrer noopener">Trump campaign vow could put independence of FERC at risk</a>

In his campaign, Donald Trump vowed to bring independent government regulatory agencies under White House control. If the president-elect follows through on his promise, the Federal Energy Regulatory Commission – long an example of nonpartisan oversight – could be at risk. Trump has multiple options at his disposal that would have the effect of influencing FERC.

<a href="https://energynews.us/2024/12/05/north-carolina-town-sues-duke-energy-for-climate-deception/" target="_blank" rel="noreferrer noopener">N.C. town sues Duke Energy, charging climate ‘deception’</a>

The Town Council of Carrboro, N.C., filed the first climate “deception” lawsuit against an electric utility in the country, accusing Duke Energy of undertaking a campaign to deny and cover up the dangers of fossil fuel emissions. The suit alleges Duke knowingly spread false information and thus “materially slowed the transition” to renewables.

<a href="https://www.utilitydive.com/news/blackrock-vanguard-state-street-sued-texas-red-states-anticompetitive-coal-practices/734424/" target="_blank" rel="noreferrer noopener">States sue three large asset managers, calling them a ‘cartel to rig the coal market’</a>

A group of Republican-led states filed a lawsuit against the three largest U.S. asset managers, alleging they are “conspiring to artificially constrict” the coal market. They accused the firms of purchasing “substantial” holdings in public coal companies and then pressuring those firms to cut production, with one attorney general calling it a “cartel to rig the oil market.”

<a href="https://www.utilitydive.com/news/ferc-ketchup-caddy-miso-demand-response-fraud/734844/" target="_blank" rel="noreferrer noopener">FERC levels $27M penalty in MISO demand response fraud</a>

The Federal Energy Regulatory Commission ordered a Texas-based company and its owner to pay roughly $27 million for using fraudulent demand response resources to make offers into the Midcontinent Independent System Operator’s capacity market. FERC estimated that the bogus offers caused $17.6 million in losses and “potentially risked the reliability of the MISO grid.”

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