United States: Utilities

New York has adopted comprehensive cybersecurity regulations targeting critical infrastructure, establishing minimum security standards for water systems and public utilities to protect against escalating cyber threats. The regulations mandate incident reporting, response planning, system monitoring, and regular compliance certifications, with implementation timelines extending through 2027.

The electric grid faces unprecedented stress as electricity demand surges while infrastructure buildout lags years behind. Virtual Power Plants (VPPs) have emerged as a practical solution, aggregating distributed energy resources like home batteries, smart thermostats, and EV chargers to function collectively as dispatchable power plants. With regulatory momentum accelerating across multiple states and real-world deployments demonstrating reliability during grid emergencies, VPPs are reshaping how utilities

On July 14, 2026, Governor Kathy Hochul issued an executive order (EO or Order) pausing the issuance of discretionary permits and similar forms of approval for the construction or expansion of data centers...

On June 18, 2026, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order to PJM Interconnection, L.L.C. directing PJM and PJM transmission owners to show cause as to why PJM’s tariff should not...

On June 18, 2026, the Federal Energy Regulatory Commission (FERC) issued show cause orders to six FERC-jurisdictional regional transmission organizations and system operators (RTOs) to further advance the integration...

The Federal Energy Regulatory Commission has issued six tailored show cause orders directing regional grid operators and transmission owners to justify their current tariffs or propose changes to accommodate large load customers, including data centers and co-location arrangements. With tight 60-day deadlines, these orders address the urgent need for clear, consistent provisions to integrate large energy users onto the transmission system in a timely and non-discriminatory manner.

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.