Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 JANUARY 2024

Texas Updates

K&L Gates
K&L Gates
Contributor
K&L Gates

K&L Gates

The Firm K&L Gates is an integrated, international law firm. As a single global law firm, truly...

View firm profile
Explore more from K&L Gates

Over the last several months there have been a number of developments within the Electric Reliability Council of Texas (ERCOT) region. The most significant have been the issuance...

United StatesEnergy and Natural Resources
Maria Faconti
Maria Faconti
Rebecca J. Kim
Rebecca J. Kim

Over the last several months there have been a number of developments within the Electric Reliability Council of Texas (ERCOT) region. The most significant have been the issuance of a Joint Blackstart Availability Study and the opening of a rulemaking related to generation interconnection allowance. This alert will summarize both of those developments.

FERC, NERC, AND THE TEXAS REGIONAL ENTITY ISSUE A JOINT BLACKSTART AVAILABILITY STUDY

At its opening meeting on 19 December 2023, the Federal Energy Regulatory Commission (FERC), along with North American Electric Reliability Corporation (NERC) and Texas Reliability Entity (TRE) staff, jointly presented their findings on the Blackstart and Next-Start Resource Availability Study (the Study).1 The Study was subsequently filed with the Public Utility Commission of Texas (PUCT) on 2 January 2024, in PUCT Project No. 54702. The Study was conducted in response to the electric generation failure in ERCOT caused by the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DOE’s AFFO Announces Intent To Award Up To $60 Million For Innovative Chemical, Fuel, And Fertilizer Technologies

The U.S. Department of Energy's Alternative Fuels and Feedstocks Office plans to award up to $60 million for projects that expand domestic energy production through innovative chemicals, fertilizers, fuels, and feedstock technologies. The funding opportunity will focus on three key areas: biointermediate depots, refinery integration with alternative feedstocks, and hydrogen/natural gas blending pilot sites. Applications are expected to open in November 2026 for research, development, and scale-up projects l
United StatesEnergy and Natural Resources
Bergeson & Campbell
Bergeson & Campbell
Article

Massachusetts Issues Guidance On Data Center Development Under Executive Order 658

Massachusetts Governor Maura Healey has issued Executive Order 658, establishing comprehensive permitting and regulatory standards for data centers exceeding 25 MW of peak electricity demand. The Order mandates community benefits agreements, clean energy procurement protocols, and coordination across multiple state agencies to ensure responsible development that protects ratepayers, communities, and the environment. This action positions Massachusetts alongside other states implementing stricter oversight o
United StatesEnergy and Natural Resources
Sheppard
Sheppard
Article

Texas Gov. Abbott Directs Data Center Audit; ERCOT Pauses Interconnection Process In Response

Texas Governor Greg Abbott has directed state regulators to conduct a comprehensive audit of data center projects seeking grid access, while ERCOT has paused its Batch Zero interconnection process. This regulatory shift introduces immediate uncertainty for developers regarding timelines, financing, and project approvals, signaling that political engagement has become as critical as securing land and power in the Texas data center market.
United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Article

California Enacts Seven Data Center Bills, Effective January 1, 2027: New Tariff, Entitlement, And Disclosure Rules For Hyperscalers, Developers, And Power Producers

California Governor Newsom signed seven data center bills into law on September 21, 2026, establishing a comprehensive regulatory framework that takes effect January 1, 2027. These bills create new tariff regimes administered by the California Public Utilities Commission, impose extensive reporting requirements on data center operators, and establish water disclosure mandates and CEQA treatment protocols.
United StatesEnergy and Natural Resources
Foley & Lardner LLP
Foley & Lardner LLP
Article

President Trump Signs Legislation Enacting Phased Elimination Of Federal Tax Credits For New Clean Energy Projects; Directs Treasury To "Strictly Enforce" Credit Termination For Solar And Wind Facilities

The Act restores the ITC eligibility of qualified fuel cell property that begins construction after 2025. Under the IRA, qualified fuel cell property was required to have begun construction prior to 2025 in order to be eligible for the ITC.
United StatesEnergy and Natural Resources
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

Senate Unveils Bipartisan Comprehensive Permitting Reform Bill

On September 30, 2026, Senate Environment and Public Works (EPW) Committee Chair Shelley Moore Capito (R-WV), Ranking Member Sheldon Whitehouse (D-RI), Senate Energy and Natural Resources (ENR) Committee Chair Mike Lee (R-UT), and Ranking Member Martin Heinrich (D-NM) unveiled the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA; S. 5653), a comprehensive permitting reform package aimed at accelerating approvals for energy, infrastructure, transmission, mining, manufacturing, and other major projects. The legislation represents the most significant bipartisan permitting reform effort in years and follows months of negotiations between Senate Republicans and Democrats.
United StatesEnergy and Natural Resources
Akin
Akin
Article

California Expands Sales And Use Tax To SaaS And Certain Digital Products Starting 1 January 2027

California is implementing a major tax policy shift that will subject software-as-a-service, remotely accessed software, and digital products to sales and use tax beginning January 1, 2027. The California Department of Tax and Fee Administration has proposed emergency regulations establishing sourcing rules, a $5 million threshold that shifts tax liability from retailers to purchasers, and key exemptions for custom software and certain service-based digital products.
United StatesTax
K&L Gates
K&L Gates
Article

Text-Message Marketing In Texas, One Year After SB 140

Texas Senate Bill 140 (SB 140) took effect 1 September 2025, and applies to conduct occurring on or after that date. The bill amended Section 302 of the Texas Business and Commerce Code to extend registration and disclosure requirements to text messages by expanding the definition of “Telephone solicitation,” which previously applied only to a “telephone call,” to include certain transmissions of text or graphic messages and images. In addition, SB 140 added a definition of “Telephone call” that incorporates the definition found in Section 304, which includes certain text or graphic messages and images, but excludes certain agreed-to transmissions.
United StatesMedia, Telecoms, IT, Entertainment
K&L Gates
K&L Gates
Article

China’s A-Share Market Expands Closing-Price Trading: Implications For Funds And Institutional Investors

China's stock exchanges have implemented three major trading rule changes effective July 6, 2026, designed to enhance market quality and align practices with international standards. The reforms expand after-hours trading, modify public fund pricing mechanisms, and adjust price limits for risk-warning stocks. How will these structural changes impact institutional investors, ETF efficiency, and overall market participation in China's evolving capital markets?
ChinaFinance and Banking
K&L Gates
K&L Gates
Article

Venezuela's Reopening: Investment, Infrastructure, And Technology Opportunities In A Rebuilding Latin America

Venezuela's post-Maduro reopening is creating unprecedented opportunities for foreign investors across energy, mining, telecommunications, and infrastructure sectors. With expanding OFAC sanctions relief, landmark legislative reforms, and major US companies nearing multibillion-dollar deals, the country presents investment prospects not seen in a generation—though success requires disciplined navigation of corruption, security, and regulatory risks.
United StatesInternational Law
K&L Gates
K&L Gates
Article

SEC And CFTC Open Door To Tokenized Markets After Clarity Fails To Advance

The SEC and CFTC have issued coordinated regulatory relief measures that significantly advance crypto-based trading infrastructure in US markets, bypassing Congressional gridlock on the CLARITY Act. These orders establish new frameworks for tokenized securities venues and passive software providers, potentially reshaping how digital assets are traded and accessed in regulated markets.
United StatesFinance and Banking
K&L Gates
K&L Gates