United States: Oil, Gas & Electricity

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.

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 U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) has issued updated general licenses—General License (“GL”)...