United States: Utilities

The previous alert in this series traced the Federal Energy Regulatory Commission’s (FERC or the Commission) regulatory trajectory from the Talen Order through the pending Advance Notice of Proposed Rulemaking on large-load interconnection (the DOE Rulemaking Proposal), a progression from rejection to structured accommodation in just 18 months.

The first two alerts in this series traced the Federal Energy Regulatory Commission’s (FERC or the Commission) regulatory trajectory and the political economy now shaping data center power. This alert turns to the structuring question that sits at the center of every behind-the-meter generation and co-located load transaction serving data centers (collectively, BTM): how to design an arrangement that achieves the developer’s commercial objectives while managing, or, where the project configuration permits, avoiding FERC jurisdiction.

In the past 18 months, the federal regulatory posture toward data center power has moved from outright rejection to active rulemaking.

Senate Bill 8 expands Kentucky's Public Service Commission from three to five members and establishes new qualification requirements for commissioners, including mandatory legal and technical expertise.

The California Earthquake Authority's new SB 254 report proposes eliminating inverse condemnation liability for utility-caused wildfires, potentially shifting from strict liability to a fault-based negligence standard.

On March 12, 2026, the Public Utility Commission of Texas voted to publish draft rule 16 Texas Administrative Code (TAC) §25.194, which will implement Texas SB 6’s requirement that the Commission create interconnection standards for new loads of 75 MW or greater.

California is positioning itself to help run a unified, independently governed electricity market across the West. With AB 825 signed on September 19, 2025...

Public utilities rely on access to private and public land to build and maintain essential infrastructure.

Senate Bill S4876, the "New Jersey Energy Security and Affordability Act," was introduced on November 17, 2025, by Senators Bob Smith and John Burzichelli.