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Patent Law Meets Ad Law: Legal Risks of Using ‘Patented,’ ‘Proprietary’ or ‘Exclusive’ in Marketing Claims

Sierra Club v. FERC: An Application of Seven County Deference

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Weekly Blockchain Blog – August 25, 2025

James Sherer Participates in Panel at Second Annual LitForward Innovation Summit

Your connection to the latest in electricity, natural gas, and utilities news.

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<a href="https://www.bicmagazine.com/industry/powergen/wholesale-us-electricity-prices-were-relatively-low-in-2023/" target="_blank" rel="noreferrer noopener">Average U.S. wholesale power prices generally fell in 2023</a>

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Average U.S. wholesale electricity prices at most major trading hubs in the Lower 48 states generally dropped in 2023 compared with the previous year. They decreased primarily because of lower natural gas prices, mild temperatures at the beginning of the year, reduced loads in regional markets, and better hydroelectric conditions in California and the Southwest.

<a href="https://www.nrel.gov/news/program/2024/how-many-transformers-will-the-us-distribution-grid-need-by-2050.html">New research aims to identify need for distribution transformers</a>

The National Renewable Energy Laboratory is leading a Department of Energy-funded effort aimed at determining the long-term demand for distribution transformers, which are the “bedrock” of U.S. energy infrastructure. Based on data collected so far, the NREL estimates transformer capacity may need to climb 160 percent to 260 percent by 2050.

<a href="https://www.utilitydive.com/news/SPP-PJM-New-England-MISO-propose-gas-electric-coordination-improvements/708184/" target="_blank" rel="noreferrer noopener">RTOs release paper proposing how to improve gas-electric sector coordination</a>

Four regional transmission organizations released a package of recommendations aimed at improving coordination between the natural gas and electric sectors and bolstering reliability. The position paper’s 14 initiatives to boost coordination include enhancements to infrastructure operation, market improvements, and regulatory reforms.

<a href="https://www.utilitydive.com/news/epa-existing-gas-power-plant-carbon-ghg-coal/709081/" target="_blank" rel="noreferrer noopener">EPA delays plan to set emissions limits on gas-fired plants</a>

The Environmental Protection Agency said it will delay plans to set greenhouse gas emission limits for existing gas-fired power plants. The move followed resistance from utilities, who were concerned that carbon capture and other technologies to cut emissions were not commercially available. But final standards for coal-fired and new gas-fired plants are still set for spring.

<a href="https://www.utilitydive.com/news/evs-electric-vehicles-batteries-lead-inflation-reduction-act-investments-e2-report/708261/" target="_blank" rel="noreferrer noopener">Clean energy spending totaled $2.4 billion in January</a>

U.S. clean energy manufacturers announced $2.4 billion in investment in January, led by the electric vehicle and battery segments. The new spending brought the total to $114 billion, 80 percent of it in manufacturing, since the Inflation Reduction Act passed. Overall, after approval of the IRA, 278 projects have been announced, potentially creating an estimated 93,455 jobs.

<a href="https://www.utilitydive.com/news/doe-awards-grid-security-artificial-intelligence-EPRI-ConEdison-Southern-Ameren/709360/" target="_blank" rel="noreferrer noopener">DOE to award $45 million to next-generation cybersecurity projects</a>

The Department of Energy will award $45 million to next-generation cybersecurity efforts focusing on artificial intelligence, automated vulnerability detection, and machine learning. A $22 million grant will fund five projects, including one that uses AI to delete attacks on power generators and in control systems, and $3.3 million to secure distributed energy resources.

<a href="https://grist.org/energy/solar-hits-a-renewable-energy-milestone-not-seen-since-wwii/" target="_blank" rel="noreferrer noopener">As supply chain issues ease, solar hits renewable energy milestone</a>

Solar power made up most of the capacity added to the U.S. grid last year – the first time since World War II that a renewable source has comprised more than half of new additions. Just over 32 gigawatts of solar came online, surpassing the old mark of 23.6 GW set in 2021, making up 53 percent of new capacity. The increase was due in part to an easing of supply chain constraints.

<a href="https://www.utilitydive.com/news/solar-installation-capacity-manufacturing-modules/709414/" target="_blank" rel="noreferrer noopener">U.S. solar-generating capacity sets record</a>

The U.S. solar industry deployed a record 32.4 gigawatts of capacity in 2023 and nearly doubled its module manufacturing capacity to 16.1 GW. Installed solar capacity was up 51 percent year over year – the only time it has ever surpassed 30 GW in a single year. Additionally, solar comprised more than half of new capacity for the first time, making up 53 percent of the total.

<a href="https://www.utilitydive.com/news/dominion-energy-stonepeak-stake-offshore-wind-coastal/708301/" target="_blank" rel="noreferrer noopener">Dominion to sell 50 percent of noncontrolling interest in offshore wind farm</a>

Dominion Energy will sell 50 percent of its noncontrolling interest in the 2.6-gigawatt Coastal Virginia Offshore wind project to Stonepeak. Dominion “will retain full operational control of the construction and operations” of the wind farm in a deal the company’s CEO said “made sense for our customers and our shareholders.” Construction is set to finish in late 2026.

<a href="https://www.utilitydive.com/news/ferc-shared-savings-incentive-grid-enhancing-technologies-gets-welch-king-great-river/709706/" target="_blank" rel="noreferrer noopener">FERC urged to adopt “shared savings” incentive for grid-enhancing technologies</a>

Four members of Congress urged the Federal Energy Regulatory Commission to adopt a “shared savings” incentive aimed at encouraging the use of grid-enhancing technologies to improve new or existing transmission. The technologies, they said, are “typically much cheaper” and have been shown to “improve grid reliability, resiliency, flexibility, capacity, and efficiency.”

<a href="https://www.utilitydive.com/news/pump-the-brakes-on-big-transmission/708737/" target="_blank" rel="noreferrer noopener">Is it time to pump the brakes on “big transmission”?</a>

A noted energy strategist argued that a “big transmission fix” – a massive buildout of grid infrastructure to decarbonize the power sector – is an “all-in wager” that, if it fails, could take the goal of rapid electrification down with it. He said that a better approach would be to “pump the brakes” on the concept and look to various alternative approaches.

<a href="https://insidelines.pjm.com/pjm-publishes-annual-planning-report-for-2023/" target="_blank" rel="noreferrer noopener">PJM publishes annual planning report</a>

PJM released the latest edition of its Regional Transmission Expansion Planning Report detailing projects approved by its board of managers as well as continuing efforts. It outlined grid upgrades to maintain reliability; changes in the capacity mix, including the role of renewables; and implementation of policy goals in New Jersey using the State Agreement Approach.

<a href="https://www.utilitydive.com/news/ferc-west-virginia-psc-market-monitor-complaints-pjm-liaison-committee/709144/" target="_blank" rel="noreferrer noopener">FERC rejects complaints aimed at getting access to PJM committee</a>

The Federal Energy Regulatory Commission dismissed complaints from West Virginia regulators and PJM’s market monitor to get access to a committee created for communication between the grid operator’s members and its board. But one commissioner said state regulators still should have more authority in regional transmission organizations.

<a href="https://www.utilitydive.com/news/avangrid-other-utilities-urge-ferc-to-reject-false-claims-of-insufficien/708324/" target="_blank" rel="noreferrer noopener">Utilities to FERC: Reject “false” claims of poor New England transmission cost reviews</a>

Recent filings with the Federal Energy Regulatory Commission lay out a clash over how New England assesses and builds transmission projects to replace or upgrade existing infrastructure. Consumer advocates argued the projects get little scrutiny before being added to customer rates. The region’s utilities urged FERC to reject “false” claims of insufficient cost reviews.

<a href="https://energynews.us/2024/02/24/court-dismisses-appeal-to-block-drilling-and-fracking-under-ohio-park-and-wildlife-areas/" target="_blank" rel="noreferrer noopener">Judge dismisses effort to block drilling, fracking under Ohio park and wildlife areas</a>

An Ohio judge dismissed an appeal by environmentalists to block drilling and hydraulic fracturing under a state park and two wildlife areas. She agreed with arguments by the Oil and Gas Land Management Commission that the court did not have jurisdiction over the appeal and that the green groups had no standing to contest the agency’s rulings.

<a href="https://nawindpower.com/aes-indiana-acquires-106-mw-hoosier-wind-in-benton-county" target="_blank" rel="noreferrer noopener">AES Indiana closes deal to acquire 106 MW wind power project</a>

AES Indiana closed a deal to acquire the 106-megawatt Hoosier Wind Project from EDF Renewables after the transaction gained approval from the state’s Utility Regulatory Commission. The project is located on 6,500 acres of agricultural land, and its 53 turbines began producing power in 2009.

<a href="https://energynews.us/2024/02/23/ohio-county-sees-dueling-studies-on-solar-project-payments-but-only-one-disclosed-its-data/" target="_blank" rel="noreferrer noopener">New study diverges from negative analysis of Ohio solar project’s impact</a>

An independent analysis concluded that an Ohio county will get more financial benefits from a proposed solar project under payments in lieu of property taxes than it would under the property tax option. The study contrasted sharply with a November assessment that said the fee-in-lieu plan would “shortchange taxpayers.” Either option will still generate millions for the county.

<a href="https://www.nytimes.com/2024/03/07/us/texas-smokehouse-creek-fire-xcel-energy.html" target="_blank" rel="noreferrer noopener">Utility admits its facilities may have had role in Texas wildfire</a>

Texas investigators concluded that the largest wildfire in the state’s history was “ignited by powerlines.” The findings came as a utility that operates primarily in a rural area of Texas said its facilities “appear to have been involved in an ignition” of the fire. But the company pushed back on claims it was negligent in operating its equipment.

<a href="https://electrek.co/2024/03/08/virginia-could-make-almost-5b-from-this-3-5-gw-offshore-wind-farm/" target="_blank" rel="noreferrer noopener">Offshore wind farm could bring almost $5 billion in economic benefits to Virginia</a>

Avangrid’s 3.5-gigawatt offshore Kitty Hawk Wind project will have an economic impact of roughly $4.8 billion across Virginia, according to a new study. The project, located 36 miles offshore from Virginia Beach, will be able to produce enough renewable power for more than 1 million homes and businesses annually and cut emissions by more than 1.5 million metric tons.

<a href="https://www.bicmagazine.com/projects-expansions/renewable-sustainability-h2-esg/meta-and-arevon-announce-long-term-contracts-for-new-solar-energy-project/" target="_blank" rel="noreferrer noopener">Arevon, Meta sign deal for 349 MW of solar in Missouri</a>

Arevon Energy and Meta Platforms signed a pair of long-term contracts for 349 megawatts of new solar power. Arevon will own and operate the Kelso Solar Project in Missouri, helping Meta meet its energy demand in the region with renewables. The first phase of the project is expected to start at the end of 2025 and the second phase shortly thereafter.

<a href="https://grist.org/energy/texas-will-add-more-grid-batteries-than-any-other-state-in-2024/" target="_blank" rel="noreferrer noopener">Texas poised to overtake California in grid battery capacity</a>

Texas is expected to complete 6.4 gigawatts of new grid battery capacity in 2024 – up from the 5.6 GW it had at the end of 2023. Although California is still predicted to have the most capacity at year-end, if Texas maintains its current growth pace, the state could become the leader in total battery storage as soon as next year.

<a href="https://www.bicmagazine.com/industry/powergen/entergy-microsoft-doe-power-generation-sees-possibilities-nuclear/" target="_blank" rel="noreferrer noopener">As energy sector challenges grow, nuclear emerges as a viable option</a>

A critical challenge facing the energy sector is determining how energy production needs will be met as society’s demand continues to grow. A variety of issues can affect the industry’s response, including affordability, weather, technology, and reducing carbon footprints – as well as boosting collaboration and innovation. Nuclear may be one viable option.

<a href="https://www.utilitydive.com/news/nrc-licensing-rules-advanced-nuclear-reactor-smr/709464/" target="_blank" rel="noreferrer noopener">NRC seeks changes in proposed licensing rules for advanced reactors</a>

The Nuclear Regulatory Commission moved to revise its rule governing licensing applications for advanced nuclear reactor technologies. The revisions, which an industry representative said can help create a framework providing “regulatory flexibility and predictability,” include removing a number of new and potentially onerous regulatory mandates.

<a href="https://www.utilitydive.com/news/ferc-bridgepoint-energy-capital-partners-ecp/709135/" target="_blank" rel="noreferrer noopener">FERC rejects $1.1 billion private equity deal over competition concerns</a>

The Federal Energy Regulatory Commission rejected a $1.1 billion merger between Bridgepoint Energy Group, a private equity asset manager, and Energy Capital Partners, saying they did not show the deal wouldn’t hurt competition. But ECP planned to refile the application, and Bridgepoint predicted that the transaction would close in the second quarter of the year.

<a href="https://www.utilitydive.com/news/biden-taps-3-for-ferc-seats-chang-rosner-see/709039/" target="_blank" rel="noreferrer noopener">White House nominates three to join FERC</a>

The White House nominated three members to the Federal Energy Regulatory Commission: Republican Lindsay See, the West Virginia solicitor general, and Democrats Judy Chang, former undersecretary of energy and climate solutions for Massachusetts, and David Rosner, a FERC energy analyst assigned to the Senate Energy and Natural Resources Committee.

<a href="https://www.tdworld.com/utility-business/article/21284114/misos-2023-value-proposition-estimated-at-nearly-5-billion" target="_blank" rel="noreferrer noopener">MISO estimates it provided $5 billion in benefits to its operating region</a>

The Midcontinent Independent System Operator estimated it provided about $5 billion in benefits to its region last year – up 20 percent from 2022. Key contributors included $2.5 billion to $4.1 billion in resource capacity sharing, $795 million to $878 million in energy and ancillary services, and $402 million to $472 million in renewable resource optimization.

<a href="https://www.utilitydive.com/news/miso-midcontinent-tranche-2-lrtp-transmission-expansion/709576/" target="_blank" rel="noreferrer noopener">MISO releases first draft of transmission expansion plan</a>

The Midcontinent Independent System Operator released the initial draft of a planned transmission expansion that would create a 765-kilovolt “highway” across its Midwest region. The plan aims to manage what MISO expects its system will look like in 2042, and the grid operator said without the new transmission, there would be overloads and generator curtailments.

<a href="https://energynews.us/2024/03/06/the-midwests-grid-operator-is-planning-a-massive-new-transmission-buildout-will-it-be-enough/" target="_blank" rel="noreferrer noopener">MISO unveils plan for transmission buildout, but key question remains</a>

The Midcontinental Independent System Operator unveiled the next phase of its transmission projects, which includes plans for new lines spanning parts of eight states in three MISO regions. While the multibillion-dollar proposal was called “bold” and said to be headed in the right direction, one question loomed: Does it go far enough?

<a href="https://www.utilitydive.com/news/aep-ceo-sloat-removed-company-strategy-unchanged/708722/" target="_blank" rel="noreferrer noopener">AEP removes top executive after barely a year</a>

American Electric Power removed Julie Sloat as chair, president, and CEO after just over a year in those positions. One board member said it was in the “best interest” of AEP to make the change and was not due to unethical behavior, financial policy disagreements, or code of conduct violations. An analyst said Sloat just was not the right fit for the company.

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