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Power & Pipes

FERC, CFTC, and State Energy Law Developments

Standard-Setting Agency Seeks Comment on Cybersecurity Framework for EV Charging

By Levi McAllister and Arjun Prasad Ramadevanahalli
// August 16, 2023
Electric vehicle (EV) charging relies on a complex ecosystem involving multiple entities, including utility operators, third-party data network providers, charging infrastructure owners, and the EVs themselves. The high degree of digital interconnectivity required to run that ecosystem presents significant cybersecurity risks, including the potential for data theft, physical property damage, and electric grid disruptions.
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Topics: Cybersecurity, Department of Energy, Electric Vehicles

CFTC to Police Carbon Markets Through Newly Created Task Force

By Pamela T. Wu and Levi McAllister
// June 30, 2023
The Commodity Futures Trading Commission’s (CFTC’s) Division of Enforcement announced that it has established a new task force—the Environmental Fraud Task Force—to combat environmental fraud and misconduct in derivatives and relevant spot markets, including the carbon markets.
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Topics: Carbon, CFTC, Climate Change, Decarbonization, Enforcement

CFTC to Hold Second Voluntary Carbon Markets Convening on July 19

By Pamela T. Wu and Levi McAllister
// June 27, 2023
One week after the Commodity Futures Trading Commission’s (CFTC) Whistleblower Office issued an alert seeking tips on potential fraud and manipulation in the carbon markets, the CFTC chairman announced that the second voluntary carbon markets convening will be held on July 19.
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Topics: Carbon, CFTC, Climate Change, Decarbonization, Enforcement

Key Issues for Hydrogen Fueling Infrastructure Investors and Developers

By Pamela T. Wu
// May 31, 2023
The development of hydrogen fueling infrastructure across the United States will need to keep pace with the projected production and deployment of hydrogen fuel cell vehicles. The Biden administration has made significant investments through tax incentives and grants to support the continued development of hydrogen fuel cell technologies, and the market for hydrogen fuel cell vehicles is expected to expand to more than $40 billion by 2030.
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Topics: Decarbonization, Hydrogen

Trio of Actions Set to Accelerate Zero-Emission Heavy-Duty Vehicle Markets and Fueling Infrastructure

By Pamela T. Wu and Rick R. Rothman
// May 17, 2023
The transportation sector has been identified as the single largest US source of greenhouse gas (GHG) emissions, and continues to be an area of focus in the nation’s decarbonization efforts. Due to heavy-duty vehicles contributing the second largest amount of GHG emissions in the transportation sector, there has been a continued focus on increasing the use and integration of zero-emission heavy-duty vehicles. Three recent government agency actions seek to promote and accelerate the use of heavy-duty zero-emission vehicles, including those powered by hydrogen fuel cell technologies.
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Topics: Decarbonization, EPA, Hydrogen, Inflation Reduction Act

FERC Approves Rate Incentives for Cybersecurity Investments

By J. Daniel Skees and Robert P. Goldfin
// May 03, 2023
FERC has issued its final rule paving the way for incentive-based rate treatment for electric utilities that make certain voluntary cybersecurity investments. As we first noted in 2020 when describing the proposed rule, the final rule provides a new mechanism for promoting cybersecurity of the bulk-power system by rewarding utilities for proactively enhancing their cybersecurity programs beyond the mandatory requirements of the North American Electric Reliability Corporation (NERC) Critical Infrastructure Protection (CIP) reliability standards.
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Topics: Cybersecurity, Electric Generation, Electric Transmission, Enforcement, FERC, NERC, Ratemaking, Reliability, Rulemaking, Security

Advancing Hydrogen Fuel Cell Development: Key Issues

By Pamela T. Wu
// April 03, 2023
Hydrogen fuel cell vehicles will be a key component in the nationwide effort to achieve net-zero emissions by 2050. The Biden administration’s US National Blueprint for Transportation Decarbonization, which highlighted specific decarbonization opportunities and challenges for various modes of transportation, identified hydrogen as the option with the greatest long-term opportunity for decarbonizing long-haul heavy trucks. However, adoption of hydrogen fuel cell technologies for long-haul heavy trucks is highly dependent on advancing hydrogen fuel cell technologies and expanding the hydrogen refueling infrastructure, as well as the availability of hydrogen supply, the cost of alternative types of transportation, and regulatory drivers.
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Topics: Decarbonization, Department of Energy, Electric/Autonomous Vehicles, Hydrogen

Electric Vehicle Manufacturers: Treasury Proposes Critical Mineral, Battery Component Requirements for Tax Credits

By Levi McAllister and Katelyn M. Hilferty
// March 31, 2023
The US Department of Treasury issued its long-awaited proposed guidance on March 31, 2023 to implement the critical mineral and battery component watershed requirements of the Inflation Reduction Act (IRA), which significantly revised the tax credit incentive mechanism of the Internal Revenue Code (Code) that relates to electric vehicles (EVs). Since the IRA’s enactment, the critical mineral and battery component requirements have generated tremendous interest and comment from virtually all segments of the automotive, mining, and component manufacturing industries.
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Topics: Electric Vehicles, Inflation Reduction Act

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Defining Change of Control Provisions Favorably

By Jared Wilkerson
// March 29, 2023
Not Just Boilerplate
A change of control provision gives a party certain rights under a contract, such as the right to receive payment, require consent, or terminate the contract, in the event of a specified trigger. Triggers can relate to a change in ownership or control of a counterparty, changes in policies or key personnel, etc. Change of control provisions help to ensure that an agreement does not devolve into a disadvantageous relationship between parties. Because of the significant impact a change of control provision can have on both parties, it is important that these provisions be strategically negotiated and that appropriate diligence is taken to understand any existing provisions before they are triggered.
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Topics: Not Just Boilerplate

FERC Approves Vendor-Focused Cybersecurity Protections for Low-Impact Systems

By J. Daniel Skees and Arjun Prasad Ramadevanahalli
// March 20, 2023
On March 16, FERC approved North American Electric Reliability Corporation (NERC) Reliability Standard CIP-003-9, Cyber Security – Security Management Controls, which introduces two new requirements to the suite of cybersecurity protections for low-impact bulk electric system (BES) cyber systems. The requirements focus on mitigating a supply chain risk that continues to challenge the electric industry: vendor remote access to critical electronic systems. The new rule will ensure these vendor risk mitigation requirements apply across every BES facility in the continental United States.
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Topics: Cybersecurity, NERC
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