How to read the money
Income and expense are whole-filing amounts associated with this lobbyist, not personal compensation or an allocated share.
No topic inference: each bill number appears in source LDA issue text assigned to this lobbyist.
Investing in Our Communities Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed potential changes to 26 USC 6417, elective payment energy tax credits, including unspecified changes to the domestic content requirements for elective payment imposed under sections 48E (investment tax credit) and 45Y (production tax credit). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed support for S. 5453, the Grid Resiliency Tax Credit Act, to amend the Internal Revenue Code to establish a tax credit for the installation of regionally significant electric power transmission lines. Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.
Specific issues are shown only where the LDA source assigned them to this lobbyist. Targets apply to the associated filing.
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2026 · third_quarter · Q3
Discussed concerns with proposed changes to the operation of the Federal Emergency Management Agency (FEMA) as proposed by the FEMA Reform Council in its Final Report (changes to disaster designation methodology, public assistance calculations, and converting public assistance into block grants). Discussed support for H.R. 4669, the FEMA Act (all provisions), including section 101 on rebuilding public infrastructure. Discussed draft legislation to improve resilience, including support for improving FEMA resilience and hazard mitigation programs to explicitly support projects involving energy storage, microgrids, distributed energy resources, community resilience bubs, and energy resilience for critical facilities.
Source: Senate LDA
Investing in Our Communities Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed possible regulations to implement section 26 USC 7701(a)(51)(D)(i)(l)(dd), prohibited foreign entity debt test (15 percent). Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed support for simplifying the qualification for elective payment under 26 USC 6417 (no legislation). Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed support for S. 1481, the Lifting Our Communities through Advanced Liquidity for Infrastructure Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed opposition to proposed changes to tax-exempt financing to encourage the privatization of public infrastructure through asset recycling (no legislation). Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.
Water Systems PFAS Liability Protection Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and the provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Discussed H.R. 1267, the PFAS Water Systems Liability Act, regarding how utilities are passive receivers of PFAS. Discussed the zero-liquid discharge requirements for certain waste streams under the Environmental Protection Agencys Steam Electric Effluent Limitation Guidelines (EPA-HQ-OW-2009-0819). Discussed Clean Water Act section 401 water quality certification rule and its importance to the power sector (EPA-HQ-OW-2025-2929). Discussed the importance of issuing a final rule defining Waters of the United States quickly (EPA-HQ-OW-2025-0322). Discussed EPAs proposed repeal of the Greenhouse Gas Standards for Fossil Fuel Fired Electric Generating Units (EPA-HQ-OAR-2025-0124; FRL-12674-01-OAR). Discussed support for the National Environmental Policy Act and Clean Water Act provisions in S. 4994, the American Energy and Mineral Infrastructure Act, to streamline permitting under the Natural Gas Act, the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969.
New Source Review Permitting Improvement Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and the provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed H.R. 9855, the Certainty and Uniform Reviews for Reliable Energy and Transmission (CERTAIN) Act, to amend the Federal Water Pollution Control Act to make certain reforms with respect to permits and licenses under such act. Specifically discussed amending the Clean Water Act section 401 water quality certification process. Discussed support for H.R. 9855, the CERTAIN Act.
ESA Amendments Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.
ESA Amendments Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.
Maintaining and Enhancing Hydroelectricity and River Restoration Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed possible regulations to implement section 26 USC 7701(a)(51)(D)(i)(l)(dd), prohibited foreign entity debt test (15 percent). Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed support for simplifying the qualification for elective payment under 26 USC 6417 (no legislation). Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed support for S. 1481, the Lifting Our Communities through Advanced Liquidity for Infrastructure Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed opposition to proposed changes to tax-exempt financing to encourage the privatization of public infrastructure through asset recycling (no legislation). Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.
Southwestern Power Administration Fund Establishment Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed the need for action on categorical exclusions for vegetation management along power line corridors. Also discussed strict liability for utilities operating on public lands for wildfires. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed support for S. 1034/H.R. 2432, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed support for the acting commissioner of the Bureau of Reclamation to release funds in the Colorado River Dam Fund for the acquisition of wide head turbines at Hoover Dam as directed to in the report language accompanying H.R. 6938, the Energy & Water Development Appropriations Act, 2026. Discussed the need to exempt the Boulder Canyon Dam Project from the Federal Lands Recreation Enhancement Act (P.L. 108‑447), which would give the Bureau of Reclamation the ability to collect entry fees at Hoover Dam (no legislation).
PERMIT Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and the provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed H.R. 9855, the Certainty and Uniform Reviews for Reliable Energy and Transmission (CERTAIN) Act, to amend the Federal Water Pollution Control Act to make certain reforms with respect to permits and licenses under such act. Specifically discussed amending the Clean Water Act section 401 water quality certification process. Discussed support for H.R. 9855, the CERTAIN Act.
PERMIT Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and the provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Discussed H.R. 1267, the PFAS Water Systems Liability Act, regarding how utilities are passive receivers of PFAS. Discussed the zero-liquid discharge requirements for certain waste streams under the Environmental Protection Agencys Steam Electric Effluent Limitation Guidelines (EPA-HQ-OW-2009-0819). Discussed Clean Water Act section 401 water quality certification rule and its importance to the power sector (EPA-HQ-OW-2025-2929). Discussed the importance of issuing a final rule defining Waters of the United States quickly (EPA-HQ-OW-2025-0322). Discussed EPAs proposed repeal of the Greenhouse Gas Standards for Fossil Fuel Fired Electric Generating Units (EPA-HQ-OAR-2025-0124; FRL-12674-01-OAR). Discussed support for the National Environmental Policy Act and Clean Water Act provisions in S. 4994, the American Energy and Mineral Infrastructure Act, to streamline permitting under the Natural Gas Act, the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969.
ePermit Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.
ePermit Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.
FEMA Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed concerns with proposed changes to the operation of the Federal Emergency Management Agency (FEMA) as proposed by the FEMA Reform Council in its Final Report (changes to disaster designation methodology, public assistance calculations, and converting public assistance into block grants). Discussed support for H.R. 4669, the FEMA Act (all provisions), including section 101 on rebuilding public infrastructure. Discussed draft legislation to improve resilience, including support for improving FEMA resilience and hazard mitigation programs to explicitly support projects involving energy storage, microgrids, distributed energy resources, community resilience bubs, and energy resilience for critical facilities.
Fix Our Forests Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed the need for action on categorical exclusions for vegetation management along power line corridors. Also discussed strict liability for utilities operating on public lands for wildfires. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed support for S. 1034/H.R. 2432, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed support for the acting commissioner of the Bureau of Reclamation to release funds in the Colorado River Dam Fund for the acquisition of wide head turbines at Hoover Dam as directed to in the report language accompanying H.R. 6938, the Energy & Water Development Appropriations Act, 2026. Discussed the need to exempt the Boulder Canyon Dam Project from the Federal Lands Recreation Enhancement Act (P.L. 108‑447), which would give the Bureau of Reclamation the ability to collect entry fees at Hoover Dam (no legislation).
SPEED Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.
SPEED Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.
Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed the need for action on categorical exclusions for vegetation management along power line corridors. Also discussed strict liability for utilities operating on public lands for wildfires. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed support for S. 1034/H.R. 2432, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed support for the acting commissioner of the Bureau of Reclamation to release funds in the Colorado River Dam Fund for the acquisition of wide head turbines at Hoover Dam as directed to in the report language accompanying H.R. 6938, the Energy & Water Development Appropriations Act, 2026. Discussed the need to exempt the Boulder Canyon Dam Project from the Federal Lands Recreation Enhancement Act (P.L. 108‑447), which would give the Bureau of Reclamation the ability to collect entry fees at Hoover Dam (no legislation).
Rural and Municipal Utility Cybersecurity Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Rural and Municipal Utility Cybersecurity Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed general support for legislation that would remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed H.R. 6633, the High-Capacity Grid Act (all provisions), to establish a best-available transmission conductor standard for certain transmission projects under the Federal Power Act and to provide for presumptions regarding cost recovery for such conductors. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9332, the Load Forecasting Enhancement Act, to require the Federal Energy Regulatory Commission to establish regional joint boards to study electric load forecasting. Discussed technical assistance for public power utilities for load forecasting. Discussed H.R. 9340, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed Winter Storm Fern and the use of section 202(c) orders by the Department of Energy to ensure grid reliability. Discussed grid enhancing technologies and their potential ability to improve grid reliability but should only be deployed where there are clear reliability and consumer benefits (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Provided feedback on draft transmission legislation to make changes to the Federal Power Act that would, among other things, expand the Federal Energy Regulatory Commissions authority over public power utilities and increase costs for their customers. Provided feedback on draft legislation, the State Energy Oversight Act, on performance-based ratemaking. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the importance of coordination between the military and public power utilities that serve them (no legislation). Discussed issues related to defense critical electric infrastructure, including the importance of coordination between the military and Department of Energy (no legislation). Discussed existing cooperative agreements with the Department of Energy (DE-CR0000007, DE-CR0000015, and DE-CR0000026. Discussed the Executive Order on Artificial Intelligence. Discussion of distribution transformer supply chain challenges (no legislation). Discussed the impact of federal trade policies on supply chains for public power utilities (no legislation). Discussed supply chain issues facing public power utilities and the significant cost increases they are seeing for key electrical equipment that can only be acquired abroad (no legislation). Discussed the importance of the Tennessee Valley Authority to public power utilities served by it. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability, as well as ensuring a voice for public power in evaluating governance issues (FERC Docket RM26-4 and AD26-7). Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
AI Fraud Accountability Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
AI Fraud Accountability Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed general support for legislation that would remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed H.R. 6633, the High-Capacity Grid Act (all provisions), to establish a best-available transmission conductor standard for certain transmission projects under the Federal Power Act and to provide for presumptions regarding cost recovery for such conductors. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9332, the Load Forecasting Enhancement Act, to require the Federal Energy Regulatory Commission to establish regional joint boards to study electric load forecasting. Discussed technical assistance for public power utilities for load forecasting. Discussed H.R. 9340, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed Winter Storm Fern and the use of section 202(c) orders by the Department of Energy to ensure grid reliability. Discussed grid enhancing technologies and their potential ability to improve grid reliability but should only be deployed where there are clear reliability and consumer benefits (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Provided feedback on draft transmission legislation to make changes to the Federal Power Act that would, among other things, expand the Federal Energy Regulatory Commissions authority over public power utilities and increase costs for their customers. Provided feedback on draft legislation, the State Energy Oversight Act, on performance-based ratemaking. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the importance of coordination between the military and public power utilities that serve them (no legislation). Discussed issues related to defense critical electric infrastructure, including the importance of coordination between the military and Department of Energy (no legislation). Discussed existing cooperative agreements with the Department of Energy (DE-CR0000007, DE-CR0000015, and DE-CR0000026. Discussed the Executive Order on Artificial Intelligence. Discussion of distribution transformer supply chain challenges (no legislation). Discussed the impact of federal trade policies on supply chains for public power utilities (no legislation). Discussed supply chain issues facing public power utilities and the significant cost increases they are seeing for key electrical equipment that can only be acquired abroad (no legislation). Discussed the importance of the Tennessee Valley Authority to public power utilities served by it. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability, as well as ensuring a voice for public power in evaluating governance issues (FERC Docket RM26-4 and AD26-7). Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Hydropower Licensing Affordability Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed general support for legislation that would remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed H.R. 6633, the High-Capacity Grid Act (all provisions), to establish a best-available transmission conductor standard for certain transmission projects under the Federal Power Act and to provide for presumptions regarding cost recovery for such conductors. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9332, the Load Forecasting Enhancement Act, to require the Federal Energy Regulatory Commission to establish regional joint boards to study electric load forecasting. Discussed technical assistance for public power utilities for load forecasting. Discussed H.R. 9340, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed Winter Storm Fern and the use of section 202(c) orders by the Department of Energy to ensure grid reliability. Discussed grid enhancing technologies and their potential ability to improve grid reliability but should only be deployed where there are clear reliability and consumer benefits (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Provided feedback on draft transmission legislation to make changes to the Federal Power Act that would, among other things, expand the Federal Energy Regulatory Commissions authority over public power utilities and increase costs for their customers. Provided feedback on draft legislation, the State Energy Oversight Act, on performance-based ratemaking. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the importance of coordination between the military and public power utilities that serve them (no legislation). Discussed issues related to defense critical electric infrastructure, including the importance of coordination between the military and Department of Energy (no legislation). Discussed existing cooperative agreements with the Department of Energy (DE-CR0000007, DE-CR0000015, and DE-CR0000026. Discussed the Executive Order on Artificial Intelligence. Discussion of distribution transformer supply chain challenges (no legislation). Discussed the impact of federal trade policies on supply chains for public power utilities (no legislation). Discussed supply chain issues facing public power utilities and the significant cost increases they are seeing for key electrical equipment that can only be acquired abroad (no legislation). Discussed the importance of the Tennessee Valley Authority to public power utilities served by it. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability, as well as ensuring a voice for public power in evaluating governance issues (FERC Docket RM26-4 and AD26-7). Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Hydropower Licensing Affordability Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
FLOWS Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
CURRENT Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and the provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed H.R. 9855, the Certainty and Uniform Reviews for Reliable Energy and Transmission (CERTAIN) Act, to amend the Federal Water Pollution Control Act to make certain reforms with respect to permits and licenses under such act. Specifically discussed amending the Clean Water Act section 401 water quality certification process. Discussed support for H.R. 9855, the CERTAIN Act.
Southwestern Power Administration Fund Establishment Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed the need for action on categorical exclusions for vegetation management along power line corridors. Also discussed strict liability for utilities operating on public lands for wildfires. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed support for S. 1034/H.R. 2432, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed support for the acting commissioner of the Bureau of Reclamation to release funds in the Colorado River Dam Fund for the acquisition of wide head turbines at Hoover Dam as directed to in the report language accompanying H.R. 6938, the Energy & Water Development Appropriations Act, 2026. Discussed the need to exempt the Boulder Canyon Dam Project from the Federal Lands Recreation Enhancement Act (P.L. 108‑447), which would give the Bureau of Reclamation the ability to collect entry fees at Hoover Dam (no legislation).
Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed possible regulations to implement section 26 USC 7701(a)(51)(D)(i)(l)(dd), prohibited foreign entity debt test (15 percent). Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed support for simplifying the qualification for elective payment under 26 USC 6417 (no legislation). Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed support for S. 1481, the Lifting Our Communities through Advanced Liquidity for Infrastructure Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed opposition to proposed changes to tax-exempt financing to encourage the privatization of public infrastructure through asset recycling (no legislation). Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.
Fix Our Forests Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed the need for action on categorical exclusions for vegetation management along power line corridors. Also discussed strict liability for utilities operating on public lands for wildfires. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed support for S. 1034/H.R. 2432, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed support for the acting commissioner of the Bureau of Reclamation to release funds in the Colorado River Dam Fund for the acquisition of wide head turbines at Hoover Dam as directed to in the report language accompanying H.R. 6938, the Energy & Water Development Appropriations Act, 2026. Discussed the need to exempt the Boulder Canyon Dam Project from the Federal Lands Recreation Enhancement Act (P.L. 108‑447), which would give the Bureau of Reclamation the ability to collect entry fees at Hoover Dam (no legislation).
LOCAL Infrastructure Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed possible regulations to implement section 26 USC 7701(a)(51)(D)(i)(l)(dd), prohibited foreign entity debt test (15 percent). Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed support for simplifying the qualification for elective payment under 26 USC 6417 (no legislation). Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed support for S. 1481, the Lifting Our Communities through Advanced Liquidity for Infrastructure Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed opposition to proposed changes to tax-exempt financing to encourage the privatization of public infrastructure through asset recycling (no legislation). Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Discussed support for H.R. 7266, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed general support for legislation that would remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed H.R. 6633, the High-Capacity Grid Act (all provisions), to establish a best-available transmission conductor standard for certain transmission projects under the Federal Power Act and to provide for presumptions regarding cost recovery for such conductors. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9332, the Load Forecasting Enhancement Act, to require the Federal Energy Regulatory Commission to establish regional joint boards to study electric load forecasting. Discussed technical assistance for public power utilities for load forecasting. Discussed H.R. 9340, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed Winter Storm Fern and the use of section 202(c) orders by the Department of Energy to ensure grid reliability. Discussed grid enhancing technologies and their potential ability to improve grid reliability but should only be deployed where there are clear reliability and consumer benefits (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Provided feedback on draft transmission legislation to make changes to the Federal Power Act that would, among other things, expand the Federal Energy Regulatory Commissions authority over public power utilities and increase costs for their customers. Provided feedback on draft legislation, the State Energy Oversight Act, on performance-based ratemaking. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the importance of coordination between the military and public power utilities that serve them (no legislation). Discussed issues related to defense critical electric infrastructure, including the importance of coordination between the military and Department of Energy (no legislation). Discussed existing cooperative agreements with the Department of Energy (DE-CR0000007, DE-CR0000015, and DE-CR0000026. Discussed the Executive Order on Artificial Intelligence. Discussion of distribution transformer supply chain challenges (no legislation). Discussed the impact of federal trade policies on supply chains for public power utilities (no legislation). Discussed supply chain issues facing public power utilities and the significant cost increases they are seeing for key electrical equipment that can only be acquired abroad (no legislation). Discussed the importance of the Tennessee Valley Authority to public power utilities served by it. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability, as well as ensuring a voice for public power in evaluating governance issues (FERC Docket RM26-4 and AD26-7). Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Hydropower Licensing Affordability Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Rural and Municipal Utility Cybersecurity Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Grid Resiliency Tax Credit Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed potential changes to 26 USC 6417, elective payment energy tax credits, including unspecified changes to the domestic content requirements for elective payment imposed under sections 48E (investment tax credit) and 45Y (production tax credit). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed support for S. 5453, the Grid Resiliency Tax Credit Act, to amend the Internal Revenue Code to establish a tax credit for the installation of regionally significant electric power transmission lines. Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.
To direct the Administrator of the Federal Aviation Administration to include medications and medical equipment for the emergency treatment of known or suspected opioid overdose in aircraft emergency medical kits, and for other purposes.
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
To designate the facility of the United States Postal Service located at 9355 113th Street in Seminole, Florida, as the "Army SSG Ryan Christian Knauss Memorial Post Office Building".
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed general support for legislation that would remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed H.R. 6633, the High-Capacity Grid Act (all provisions), to establish a best-available transmission conductor standard for certain transmission projects under the Federal Power Act and to provide for presumptions regarding cost recovery for such conductors. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9332, the Load Forecasting Enhancement Act, to require the Federal Energy Regulatory Commission to establish regional joint boards to study electric load forecasting. Discussed technical assistance for public power utilities for load forecasting. Discussed H.R. 9340, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed Winter Storm Fern and the use of section 202(c) orders by the Department of Energy to ensure grid reliability. Discussed grid enhancing technologies and their potential ability to improve grid reliability but should only be deployed where there are clear reliability and consumer benefits (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Provided feedback on draft transmission legislation to make changes to the Federal Power Act that would, among other things, expand the Federal Energy Regulatory Commissions authority over public power utilities and increase costs for their customers. Provided feedback on draft legislation, the State Energy Oversight Act, on performance-based ratemaking. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the importance of coordination between the military and public power utilities that serve them (no legislation). Discussed issues related to defense critical electric infrastructure, including the importance of coordination between the military and Department of Energy (no legislation). Discussed existing cooperative agreements with the Department of Energy (DE-CR0000007, DE-CR0000015, and DE-CR0000026. Discussed the Executive Order on Artificial Intelligence. Discussion of distribution transformer supply chain challenges (no legislation). Discussed the impact of federal trade policies on supply chains for public power utilities (no legislation). Discussed supply chain issues facing public power utilities and the significant cost increases they are seeing for key electrical equipment that can only be acquired abroad (no legislation). Discussed the importance of the Tennessee Valley Authority to public power utilities served by it. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability, as well as ensuring a voice for public power in evaluating governance issues (FERC Docket RM26-4 and AD26-7). Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Nutria Eradication and Control Reauthorization Act of 2024
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Supporting National Security with Spectrum Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Meals for At-Risk Americans Act of 2023
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Energy Permitting Reform Act of 2024
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed general support for legislation that would remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed H.R. 6633, the High-Capacity Grid Act (all provisions), to establish a best-available transmission conductor standard for certain transmission projects under the Federal Power Act and to provide for presumptions regarding cost recovery for such conductors. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9332, the Load Forecasting Enhancement Act, to require the Federal Energy Regulatory Commission to establish regional joint boards to study electric load forecasting. Discussed technical assistance for public power utilities for load forecasting. Discussed H.R. 9340, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed Winter Storm Fern and the use of section 202(c) orders by the Department of Energy to ensure grid reliability. Discussed grid enhancing technologies and their potential ability to improve grid reliability but should only be deployed where there are clear reliability and consumer benefits (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Provided feedback on draft transmission legislation to make changes to the Federal Power Act that would, among other things, expand the Federal Energy Regulatory Commissions authority over public power utilities and increase costs for their customers. Provided feedback on draft legislation, the State Energy Oversight Act, on performance-based ratemaking. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the importance of coordination between the military and public power utilities that serve them (no legislation). Discussed issues related to defense critical electric infrastructure, including the importance of coordination between the military and Department of Energy (no legislation). Discussed existing cooperative agreements with the Department of Energy (DE-CR0000007, DE-CR0000015, and DE-CR0000026. Discussed the Executive Order on Artificial Intelligence. Discussion of distribution transformer supply chain challenges (no legislation). Discussed the impact of federal trade policies on supply chains for public power utilities (no legislation). Discussed supply chain issues facing public power utilities and the significant cost increases they are seeing for key electrical equipment that can only be acquired abroad (no legislation). Discussed the importance of the Tennessee Valley Authority to public power utilities served by it. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability, as well as ensuring a voice for public power in evaluating governance issues (FERC Docket RM26-4 and AD26-7). Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Energy Permitting Reform Act of 2024
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
A bill to amend the Internal Revenue Code of 1986 to modify the railroad track maintenance credit.
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Federal Contractor Cybersecurity Vulnerability Reduction Act of 2024
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Fair Flood Protection Act of 2024
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Establishing the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034.
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from the Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025). Discussed opposition to Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025) section 70513(b) (restrictions relating to prohibited foreign entities) provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to H.R. 1, section 70513(b) (restrictions relating to prohibited foreign entities) as passed by the House, provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to section 70512(f), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, and section 70513(a), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, in Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed Elective Pay Blueprint APPA developed for APPA members to guide them on energy tax credits. Discussed support for S. 1481, the LOCAL Infrastructure Act, to reinstate advance refunding bonds. Discussed support for S. 5212, the Enhanced Energy Recovery Act, provisions ensuring tax credits for expanding carbon capture are available via elective payment.
An act to provide for reconciliation pursuant to title II of H. Con. Res. 14.
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from the Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025). Discussed opposition to Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025) section 70513(b) (restrictions relating to prohibited foreign entities) provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to H.R. 1, section 70513(b) (restrictions relating to prohibited foreign entities) as passed by the House, provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to section 70512(f), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, and section 70513(a), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, in Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed Elective Pay Blueprint APPA developed for APPA members to guide them on energy tax credits. Discussed support for S. 1481, the LOCAL Infrastructure Act, to reinstate advance refunding bonds. Discussed support for S. 5212, the Enhanced Energy Recovery Act, provisions ensuring tax credits for expanding carbon capture are available via elective payment.
To provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund.
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the importance of maintaining adequate staffing levels at the Power Marketing Administrations (no legislation). Discussed support for H.R. 3158/S. 1570, the Hoover Dam Act, to amend the Boulder Canyon Project Act to authorize the Secretary of the Interior to expend amounts in the Colorado River Dam fund. Discussed the need for the Bureau of Reclamation to release approximately $52 million in the Colorado River Dam Fund for upgrades at Hoover Dam. Discussed support for H.R. 1001, to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund. Discussed the need for appropriate staffing at the Bureau of Reclamation to counter the impacts of staff cuts that have increased overhead rates at Hoover Dam from 12 percent to 41 percent (no legislation). Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed draft legislation to amend the Forest Land Policy and Management Act (P.L. 94-579) to amend strict liability caps for wildfires on federal lands.
GRID Power Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
GRID Power Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the implementation of Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed draft language to not require licensees to obtain approval for non-substantive alterations or additions at hydropower facilities, routine maintenance, or replacement of hydropower projects that are in response to circumstances beyond their reasonable control. (no legislation). Discussed support for S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed energy tax credits for hydropower (no legislation). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed interconnection queue reform efforts (no legislation). Discussed H.R. 1047/S. 465, the GRID Power Act to direct the Federal Energy Regulatory Commission to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs (no legislation). Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed of electricity affordability for all customers (no legislation). Discussed the potential impact of federal funding freezes (no legislation). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort.
Investing in Our Communities Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies and expressed concerns with any legislative efforts to eliminate them. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed tax credits for hydropower (no legislation). Discussed support for H.R. 1255, the Investing in Our Communities Act, to reinstate the ability to issue tax-exempt advanced refunding bonds.
Water Systems PFAS Liability Protection Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed general support for the repeal of the 2024 Carbon Pollution Standard (Docket No. EPA-HQ-OAR-2025-0124). Discussed the potential reliability impacts from the rule, as well impracticality of using carbon capture and storage technology to reduce emissions given the current state of the technology. Discussed concerns with the 2024 Effluent Limitation Guidelines Rule and the costs of various wastewater treatment technologies required to comply with the rule (Docket No. EPA-HQ-OW-2009-0819). Discussed the administrations plans to reconsider the rule and the challenges with meeting the compliance deadlines in the 2024 rule. Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act. Discussed the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into Waters of the US (WOTUS) and the provision regarding the section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Also discussed section 6, clarifying federal general permits and section 15 judicial review timelines clarity. Discussed H.R. 1267, the Water System PFAS Liability Protection Act, and the need for PFAS liability protection for electric utilities in addition to public water systems. Discussed S. Amdt. 3363 to S. 2296, the National Defense Authorization Act for Fiscal Year 2026, which would provide PFAS liability protection to public water systems and the need to include public power. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed the need to define the term relatively permanent rather than leaving it open to interpretation. Also discussed the definition of continuous surface connection and the exclusion for waste treatment systems under the Waters of the U.S. definition. (Final Clarifying Definition of Waters of the United States, RIN 2040-AG44).
New Source Review Permitting Improvement Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed general support for the repeal of the 2024 Carbon Pollution Standard (Docket No. EPA-HQ-OAR-2025-0124). Discussed the potential reliability impacts from the rule, as well impracticality of using carbon capture and storage technology to reduce emissions given the current state of the technology. Discussed concerns with the 2024 Effluent Limitation Guidelines Rule and the costs of various wastewater treatment technologies required to comply with the rule (Docket No. EPA-HQ-OW-2009-0819). Discussed the administrations plans to reconsider the rule and the challenges with meeting the compliance deadlines in the 2024 rule. Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act. Discussed the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into Waters of the US (WOTUS) and the provision regarding the section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Also discussed section 6, clarifying federal general permits and section 15 judicial review timelines clarity. Discussed H.R. 1267, the Water System PFAS Liability Protection Act, and the need for PFAS liability protection for electric utilities in addition to public water systems. Discussed S. Amdt. 3363 to S. 2296, the National Defense Authorization Act for Fiscal Year 2026, which would provide PFAS liability protection to public water systems and the need to include public power. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed the need to define the term relatively permanent rather than leaving it open to interpretation. Also discussed the definition of continuous surface connection and the exclusion for waste treatment systems under the Waters of the U.S. definition. (Final Clarifying Definition of Waters of the United States, RIN 2040-AG44).
ESA Amendments Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support of reforms to the Endangered Species Act that would change the definition of habitat (no legislation). Discussed how the Endangered Species Act impacts energy infrastructure projects (no legislation). Discussed H.R. 1897, the Endangered Species Act Amendments of 2025 (all provisions). Discussed the importance of the Endangered Species Act for public power utilities and some of the challenges the statute creates (Docket No. FWS-HQ-ES-2025-0039, FWS-HQ-ES-2025-0048, FWS-HQ-ES-2025-0029, and FWS-HQ-ES-2025-0044).
Maintaining and Enhancing Hydroelectricity and River Restoration Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
Help Hoover Dam Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the importance of maintaining adequate staffing levels at the Power Marketing Administrations (no legislation). Discussed support for H.R. 3158/S. 1570, the Hoover Dam Act, to amend the Boulder Canyon Project Act to authorize the Secretary of the Interior to expend amounts in the Colorado River Dam fund. Discussed the need for the Bureau of Reclamation to release approximately $52 million in the Colorado River Dam Fund for upgrades at Hoover Dam. Discussed support for H.R. 1001, to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund. Discussed the need for appropriate staffing at the Bureau of Reclamation to counter the impacts of staff cuts that have increased overhead rates at Hoover Dam from 12 percent to 41 percent (no legislation). Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed draft legislation to amend the Forest Land Policy and Management Act (P.L. 94-579) to amend strict liability caps for wildfires on federal lands.
Reliable Power Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
Reliable Power Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
Reliable Power Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed potential legislation regarding the Energy Threat Analysis Center and obstacles to increased public power participation. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the urgent need for a replacement for the public disclosure exemptions that were provided under the Critical Infrastructure Partnership Advisory Council to facilitate information sharing at Electricity Subsector Coordinating Council meetings (no legislation). Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed support for S. 1337, the Cybersecurity Information Sharing Extension Act (all provisions). Discussed support for H.R. 5079, the Widespread Information Management for the Welfare of Infrastructure and Government Act (all provisions). Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed support of H.R. 3657, the Hydropower Licensing Transparency Act, to direct the Federal Energy Regulatory Commission (FERC) to report annually to Congress on the status of the relicensing process for each application for a renewed hydropower dam license. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, from the 118th Congress, which would have expanded the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would have exempted Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed grid-enhancing technologies (GETS) and interconnection queue reform. Also discussed the need to ensure savings related to GETS benefits public power utilities and their customers (no bill). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Provided feedback on a draft bill to create a new must consider provision under section 111(d) of the Public Utility Regulatory Policy Act that would seek to create interconnection procedures to support microgrids. Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions, including issues in Docket AD25-7. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the North American Electric Reliability Corporations (NERC) electric reliability standards development procedures and the impact of FERC Order No. 907 (directing modifications to NERCs critical infrastructure protection standards) on the prioritization of NERCs standards development work. Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
Energy Choice Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
Baseload Reliability Protection Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
PERMIT Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed general support for the repeal of the 2024 Carbon Pollution Standard (Docket No. EPA-HQ-OAR-2025-0124). Discussed the potential reliability impacts from the rule, as well impracticality of using carbon capture and storage technology to reduce emissions given the current state of the technology. Discussed concerns with the 2024 Effluent Limitation Guidelines Rule and the costs of various wastewater treatment technologies required to comply with the rule (Docket No. EPA-HQ-OW-2009-0819). Discussed the administrations plans to reconsider the rule and the challenges with meeting the compliance deadlines in the 2024 rule. Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act. Discussed the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into Waters of the US (WOTUS) and the provision regarding the section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Also discussed section 6, clarifying federal general permits and section 15 judicial review timelines clarity. Discussed H.R. 1267, the Water System PFAS Liability Protection Act, and the need for PFAS liability protection for electric utilities in addition to public water systems. Discussed S. Amdt. 3363 to S. 2296, the National Defense Authorization Act for Fiscal Year 2026, which would provide PFAS liability protection to public water systems and the need to include public power. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed the need to define the term relatively permanent rather than leaving it open to interpretation. Also discussed the definition of continuous surface connection and the exclusion for waste treatment systems under the Waters of the U.S. definition. (Final Clarifying Definition of Waters of the United States, RIN 2040-AG44).
Vietnam Veteran Commemoration Fund Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the implementation of Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed draft language to not require licensees to obtain approval for non-substantive alterations or additions at hydropower facilities, routine maintenance, or replacement of hydropower projects that are in response to circumstances beyond their reasonable control. (no legislation). Discussed support for S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed energy tax credits for hydropower (no legislation). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed interconnection queue reform efforts (no legislation). Discussed H.R. 1047/S. 465, the GRID Power Act to direct the Federal Energy Regulatory Commission to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs (no legislation). Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed of electricity affordability for all customers (no legislation). Discussed the potential impact of federal funding freezes (no legislation). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort.
Vietnam Veteran Commemoration Fund Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
Vietnam Veteran Commemoration Fund Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
ePermit Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the Environmental Protection Agencys (EPA) efforts to review the legacy coal combustion residuals rulemakings, including compliance extension deadlines for coal combustion residual management units, as well as potential updates to the legacy rule risk assessment and support for state CCR permit programs (Docket No. EPA-HQ-OLEM-2020-0107). Discussed H.R. 4875, the Coal Ash for American Infrastructure Act (all provisions). Discussed the need for the development of a federal coal combustion residuals (CCR) permitting program, the timely review and approval of state CCR programs by EPA, and support for the beneficial reuse of CCRs. Discussed the need for EPA to develop a CCR program that allows for site-specific, risk-based considerations and promotes the beneficial use of CCRs (no legislation). Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 573, Studying NEPAs Impact on Projects Act, to direct the Council on Environmental Quality (CEQ) to annually report on the impact of NEPA on projects that require NEPA review. CEQ must publish the report on its website and submit it to certain congressional committees.
Fix Our Forests Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the importance of maintaining adequate staffing levels at the Power Marketing Administrations (no legislation). Discussed support for H.R. 3158/S. 1570, the Hoover Dam Act, to amend the Boulder Canyon Project Act to authorize the Secretary of the Interior to expend amounts in the Colorado River Dam fund. Discussed the need for the Bureau of Reclamation to release approximately $52 million in the Colorado River Dam Fund for upgrades at Hoover Dam. Discussed support for H.R. 1001, to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund. Discussed the need for appropriate staffing at the Bureau of Reclamation to counter the impacts of staff cuts that have increased overhead rates at Hoover Dam from 12 percent to 41 percent (no legislation). Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed draft legislation to amend the Forest Land Policy and Management Act (P.L. 94-579) to amend strict liability caps for wildfires on federal lands.
SPEED Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the Environmental Protection Agencys (EPA) efforts to review the legacy coal combustion residuals rulemakings, including compliance extension deadlines for coal combustion residual management units, as well as potential updates to the legacy rule risk assessment and support for state CCR permit programs (Docket No. EPA-HQ-OLEM-2020-0107). Discussed H.R. 4875, the Coal Ash for American Infrastructure Act (all provisions). Discussed the need for the development of a federal coal combustion residuals (CCR) permitting program, the timely review and approval of state CCR programs by EPA, and support for the beneficial reuse of CCRs. Discussed the need for EPA to develop a CCR program that allows for site-specific, risk-based considerations and promotes the beneficial use of CCRs (no legislation). Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 573, Studying NEPAs Impact on Projects Act, to direct the Council on Environmental Quality (CEQ) to annually report on the impact of NEPA on projects that require NEPA review. CEQ must publish the report on its website and submit it to certain congressional committees.
SPEED Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support of reforms to the Endangered Species Act that would change the definition of habitat (no legislation). Discussed how the Endangered Species Act impacts energy infrastructure projects (no legislation). Discussed H.R. 1897, the Endangered Species Act Amendments of 2025 (all provisions). Discussed the importance of the Endangered Species Act for public power utilities and some of the challenges the statute creates (Docket No. FWS-HQ-ES-2025-0039, FWS-HQ-ES-2025-0048, FWS-HQ-ES-2025-0029, and FWS-HQ-ES-2025-0044).
Coal Ash for American Infrastructure Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the Environmental Protection Agencys (EPA) efforts to review the legacy coal combustion residuals rulemakings, including compliance extension deadlines for coal combustion residual management units, as well as potential updates to the legacy rule risk assessment and support for state CCR permit programs (Docket No. EPA-HQ-OLEM-2020-0107). Discussed H.R. 4875, the Coal Ash for American Infrastructure Act (all provisions). Discussed the need for the development of a federal coal combustion residuals (CCR) permitting program, the timely review and approval of state CCR programs by EPA, and support for the beneficial reuse of CCRs. Discussed the need for EPA to develop a CCR program that allows for site-specific, risk-based considerations and promotes the beneficial use of CCRs (no legislation). Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 573, Studying NEPAs Impact on Projects Act, to direct the Council on Environmental Quality (CEQ) to annually report on the impact of NEPA on projects that require NEPA review. CEQ must publish the report on its website and submit it to certain congressional committees.
Studying NEPA’s Impact on Projects Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the Environmental Protection Agencys (EPA) efforts to review the legacy coal combustion residuals rulemakings, including compliance extension deadlines for coal combustion residual management units, as well as potential updates to the legacy rule risk assessment and support for state CCR permit programs (Docket No. EPA-HQ-OLEM-2020-0107). Discussed H.R. 4875, the Coal Ash for American Infrastructure Act (all provisions). Discussed the need for the development of a federal coal combustion residuals (CCR) permitting program, the timely review and approval of state CCR programs by EPA, and support for the beneficial reuse of CCRs. Discussed the need for EPA to develop a CCR program that allows for site-specific, risk-based considerations and promotes the beneficial use of CCRs (no legislation). Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 573, Studying NEPAs Impact on Projects Act, to direct the Council on Environmental Quality (CEQ) to annually report on the impact of NEPA on projects that require NEPA review. CEQ must publish the report on its website and submit it to certain congressional committees.
AI Fraud Accountability Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the implementation of Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed draft language to not require licensees to obtain approval for non-substantive alterations or additions at hydropower facilities, routine maintenance, or replacement of hydropower projects that are in response to circumstances beyond their reasonable control. (no legislation). Discussed support for S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed energy tax credits for hydropower (no legislation). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed interconnection queue reform efforts (no legislation). Discussed H.R. 1047/S. 465, the GRID Power Act to direct the Federal Energy Regulatory Commission to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs (no legislation). Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed of electricity affordability for all customers (no legislation). Discussed the potential impact of federal funding freezes (no legislation). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort.
Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2025
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
Fix Our Forests Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the importance of maintaining adequate staffing levels at the Power Marketing Administrations (no legislation). Discussed support for H.R. 3158/S. 1570, the Hoover Dam Act, to amend the Boulder Canyon Project Act to authorize the Secretary of the Interior to expend amounts in the Colorado River Dam fund. Discussed the need for the Bureau of Reclamation to release approximately $52 million in the Colorado River Dam Fund for upgrades at Hoover Dam. Discussed support for H.R. 1001, to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund. Discussed the need for appropriate staffing at the Bureau of Reclamation to counter the impacts of staff cuts that have increased overhead rates at Hoover Dam from 12 percent to 41 percent (no legislation). Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed draft legislation to amend the Forest Land Policy and Management Act (P.L. 94-579) to amend strict liability caps for wildfires on federal lands.
LOCAL Infrastructure Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from the Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025). Discussed opposition to Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025) section 70513(b) (restrictions relating to prohibited foreign entities) provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to H.R. 1, section 70513(b) (restrictions relating to prohibited foreign entities) as passed by the House, provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to section 70512(f), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, and section 70513(a), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, in Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed Elective Pay Blueprint APPA developed for APPA members to guide them on energy tax credits. Discussed support for S. 1481, the LOCAL Infrastructure Act, to reinstate advance refunding bonds. Discussed support for S. 5212, the Enhanced Energy Recovery Act, provisions ensuring tax credits for expanding carbon capture are available via elective payment.
Help Hoover Dam Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the importance of maintaining adequate staffing levels at the Power Marketing Administrations (no legislation). Discussed support for H.R. 3158/S. 1570, the Hoover Dam Act, to amend the Boulder Canyon Project Act to authorize the Secretary of the Interior to expend amounts in the Colorado River Dam fund. Discussed the need for the Bureau of Reclamation to release approximately $52 million in the Colorado River Dam Fund for upgrades at Hoover Dam. Discussed support for H.R. 1001, to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund. Discussed the need for appropriate staffing at the Bureau of Reclamation to counter the impacts of staff cuts that have increased overhead rates at Hoover Dam from 12 percent to 41 percent (no legislation). Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed draft legislation to amend the Forest Land Policy and Management Act (P.L. 94-579) to amend strict liability caps for wildfires on federal lands.
National Defense Authorization Act for Fiscal Year 2026
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed general support for the repeal of the 2024 Carbon Pollution Standard (Docket No. EPA-HQ-OAR-2025-0124). Discussed the potential reliability impacts from the rule, as well impracticality of using carbon capture and storage technology to reduce emissions given the current state of the technology. Discussed concerns with the 2024 Effluent Limitation Guidelines Rule and the costs of various wastewater treatment technologies required to comply with the rule (Docket No. EPA-HQ-OW-2009-0819). Discussed the administrations plans to reconsider the rule and the challenges with meeting the compliance deadlines in the 2024 rule. Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act. Discussed the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into Waters of the US (WOTUS) and the provision regarding the section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Also discussed section 6, clarifying federal general permits and section 15 judicial review timelines clarity. Discussed H.R. 1267, the Water System PFAS Liability Protection Act, and the need for PFAS liability protection for electric utilities in addition to public water systems. Discussed S. Amdt. 3363 to S. 2296, the National Defense Authorization Act for Fiscal Year 2026, which would provide PFAS liability protection to public water systems and the need to include public power. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed the need to define the term relatively permanent rather than leaving it open to interpretation. Also discussed the definition of continuous surface connection and the exclusion for waste treatment systems under the Waters of the U.S. definition. (Final Clarifying Definition of Waters of the United States, RIN 2040-AG44).
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
CIRCUIT Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
CIRCUIT Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the implementation of Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed draft language to not require licensees to obtain approval for non-substantive alterations or additions at hydropower facilities, routine maintenance, or replacement of hydropower projects that are in response to circumstances beyond their reasonable control. (no legislation). Discussed support for S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed energy tax credits for hydropower (no legislation). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed interconnection queue reform efforts (no legislation). Discussed H.R. 1047/S. 465, the GRID Power Act to direct the Federal Energy Regulatory Commission to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs (no legislation). Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed of electricity affordability for all customers (no legislation). Discussed the potential impact of federal funding freezes (no legislation). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort.
GRID Power Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the implementation of Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed draft language to not require licensees to obtain approval for non-substantive alterations or additions at hydropower facilities, routine maintenance, or replacement of hydropower projects that are in response to circumstances beyond their reasonable control. (no legislation). Discussed support for S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed energy tax credits for hydropower (no legislation). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed interconnection queue reform efforts (no legislation). Discussed H.R. 1047/S. 465, the GRID Power Act to direct the Federal Energy Regulatory Commission to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs (no legislation). Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed of electricity affordability for all customers (no legislation). Discussed the potential impact of federal funding freezes (no legislation). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort.
GRID Power Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
Port Modernization and Supply Chain Protection Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
Port Modernization and Supply Chain Protection Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the public power business model. Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the implementation of Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed draft language to not require licensees to obtain approval for non-substantive alterations or additions at hydropower facilities, routine maintenance, or replacement of hydropower projects that are in response to circumstances beyond their reasonable control. (no legislation). Discussed support for S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed energy tax credits for hydropower (no legislation). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed interconnection queue reform efforts (no legislation). Discussed H.R. 1047/S. 465, the GRID Power Act to direct the Federal Energy Regulatory Commission to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs (no legislation). Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed of electricity affordability for all customers (no legislation). Discussed the potential impact of federal funding freezes (no legislation). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort.
Basin Fund Preservation Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed concerns with third-party efforts to remove the Lower Snake River Dams and the importance of hydropower (no bill). Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed impacts staff reductions could have on the operations of the federal Power Marketing Administrations. Discussed support for S. 887, the Basin Fund Preservation Act to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund (all provisions).
Guam Emergency Alert System Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
Guam Emergency Alert System Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed potential legislation regarding the Energy Threat Analysis Center and obstacles to increased public power participation. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the urgent need for a replacement for the public disclosure exemptions that were provided under the Critical Infrastructure Partnership Advisory Council to facilitate information sharing at Electricity Subsector Coordinating Council meetings (no legislation). Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed support for S. 1337, the Cybersecurity Information Sharing Extension Act (all provisions). Discussed support for H.R. 5079, the Widespread Information Management for the Welfare of Infrastructure and Government Act (all provisions). Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed support of H.R. 3657, the Hydropower Licensing Transparency Act, to direct the Federal Energy Regulatory Commission (FERC) to report annually to Congress on the status of the relicensing process for each application for a renewed hydropower dam license. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, from the 118th Congress, which would have expanded the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would have exempted Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed grid-enhancing technologies (GETS) and interconnection queue reform. Also discussed the need to ensure savings related to GETS benefits public power utilities and their customers (no bill). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Provided feedback on a draft bill to create a new must consider provision under section 111(d) of the Public Utility Regulatory Policy Act that would seek to create interconnection procedures to support microgrids. Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions, including issues in Docket AD25-7. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the North American Electric Reliability Corporations (NERC) electric reliability standards development procedures and the impact of FERC Order No. 907 (directing modifications to NERCs critical infrastructure protection standards) on the prioritization of NERCs standards development work. Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
Enhanced Energy Recovery Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from the Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025). Discussed opposition to Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025) section 70513(b) (restrictions relating to prohibited foreign entities) provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to H.R. 1, section 70513(b) (restrictions relating to prohibited foreign entities) as passed by the House, provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to section 70512(f), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, and section 70513(a), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, in Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed Elective Pay Blueprint APPA developed for APPA members to guide them on energy tax credits. Discussed support for S. 1481, the LOCAL Infrastructure Act, to reinstate advance refunding bonds. Discussed support for S. 5212, the Enhanced Energy Recovery Act, provisions ensuring tax credits for expanding carbon capture are available via elective payment.
FEMA Loan Interest Payment Relief Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed support for H.R. 2672, the FEMA Loan Interest Payment Relief Act.
Limit, Save, Grow Act of 2023
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies to address climate change. Discussed section 242 of H.R. 2811, the Limit, Save, Grow Act of 2023, that would repeal the taxpayer election of payments, in lieu of credits, for specified energy property and production of electricity from certain renewable resources. Discussion of concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed Treasury guidance relating to utility assistance use of funding under section 5001 of the CARES Act (Coronavirus State and Local Fiscal Relief Funds) as amended by the Consolidated Appropriations Act of 2020. Discussed support for H.R. 1837, the Investing in Our Communities Act to reinstate the ability to issue tax-exempt advance refunding bonds (all provisions). Discussed support for S. 1453, the Lifting Our Communities through Advance Liquidity for Infrastructure Act (LOCAL Infrastructure Act), to reinstate the ability to issue tax-exempt advance refunding bonds (all provisions). Discussed support for potential legislation to increase the small-issuer exception from $10 million to $30 million. Discussed concerns with Proposed Rule: Section 45V Credit for Production of Clean Hydrogen; Section 48(a)(15) Election to Treat Clean Hydrogen Production Facilities as Energy Property (88 FR 8920, REG-117631-23 (additionality requirements for clean power used to generate hydrogen).
Hydropower Clean Energy Future Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed support for S. 3627, the Distribution Transformer Efficiency and Supply Chain Reliability Act of 2024 (all provisions). Discussed the need for the FAQS for the Fiscal Years 2022-2023 Funding Cycle for the Department of Energy's Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107) to be clarified regarding eligibility for joint action agencies. Discussed support for DOE's GRIP Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed ways to improve DOE outreach to smaller and rural utilities. Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 6185, the Guaranteeing Reliable Infrastructure Development (GRID) Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed making transmission investment tax credits refundable in CETA, direct pay tax credits. Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed concerns with amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues across the U.S. Discussed the development of Western markets. Discussed President Bidens Executive Order to promote the safe, secure, and trustworthy development and use of artificial intelligence (AI). Discussed the potential use of AI by electric utilities. Discussed the National Cyber Incident Response Plan. Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Also discussed concerns with how the federal permitting process is slowing the ability of NTUA and volunteers to connect additional Navajo Nation homes to the electric grid.
Hydropower Clean Energy Future Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed DOEs final energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they were improved from proposed standards. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed the Cybersecurity and Infrastructure Security Agency's Notice of Proposed Rulemaking to implement the requirements of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (Docket Number: CISA-2022-0010) and the need to avoid duplicative reporting requirements. Discussed support for the Charging and Fueling Infrastructure Grant Program under Subtitle D, sec. 11401 of the Infrastructure Investment and Jobs Act (P.L. 115-58). Discussed support for the Department of Energy Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower as a source of renewable energy for public power utilities. Discussed the importance of hydropower for grid reliability. Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed S. 4027/H.R. 7786, the SPEED and Reliability Act of 2024 (section (2)(a)(D)), on the exemption of a facility as in the national interest from review under the National Environmental Policy Act. Discussed concerns with overly stringent Build America/Buy America standards in the Infrastructure Investment and Jobs Act (P.L. 117-58) and the impact those standards have on public power utilities ability to complete grant-funded projects. Discussed the need to increase product and asset availability, price transparency, accountability, and coordination between the natural gas and electric industries to ensure electric reliability (no legislation). Discussed how FERCs Order 1920 (Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17)) was a missed opportunity to deal with cost allocation issues and joint ownership of transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues. Discussed Western markets. Discussed FERCs practice and procedure and generator interconnection issues, including implementation of Order 2023 (Docket No. RM22-14). Discussed power market mitigation for institutional investors (Docket No. AD24-60). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Discussed S. 4171, the Making Pipelines Accountable to Consumers Act (all provisions). Discussed S. 3820, the Low Income Household Water Assistance Program Establishment Act (sections 2(b) and 2(g). Discussed the White Houses 150 Comeback Communities and public power utilities can better leverage programs and policies included in the Inflation Reduction Act.
Hydropower Clean Energy Future Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed possible funding for the Department of Energy (DOE) to assist manufacturers of distribution transformers in increasing their production (no legislation). Discussed the patchwork of cyber incident reporting requirements and concerns about harmonization, including the Cybersecurity and Infrastructure Security Agencys implementation of the Cyber Incident Reporting for Critical Infrastructure Act (CISA-2022-0010). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey. Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Provided feedback on draft legislation, the Rural Grid Resilience Act, to promote microgrids and grid resilience in rural communities. Discussed the price spike in PJMs 2024 Base Residual Auction and efforts by stakeholders to postpone PJMs 2025 Base Residual Auction. Discussed how the Federal Energy Regulatory Commissions (FERC) regulations impact public power communities despite most public power utilities not being subject to FERC ratemaking regulation. Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs. Discussed concerns regarding the long lead times to interconnect new generation resources, and support for policies that prioritize interconnection for load-serving entities.
Protecting America’s Distribution Transformer Supply Chain Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed DOEs final energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they were improved from proposed standards. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed the Cybersecurity and Infrastructure Security Agency's Notice of Proposed Rulemaking to implement the requirements of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (Docket Number: CISA-2022-0010) and the need to avoid duplicative reporting requirements. Discussed support for the Charging and Fueling Infrastructure Grant Program under Subtitle D, sec. 11401 of the Infrastructure Investment and Jobs Act (P.L. 115-58). Discussed support for the Department of Energy Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower as a source of renewable energy for public power utilities. Discussed the importance of hydropower for grid reliability. Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed S. 4027/H.R. 7786, the SPEED and Reliability Act of 2024 (section (2)(a)(D)), on the exemption of a facility as in the national interest from review under the National Environmental Policy Act. Discussed concerns with overly stringent Build America/Buy America standards in the Infrastructure Investment and Jobs Act (P.L. 117-58) and the impact those standards have on public power utilities ability to complete grant-funded projects. Discussed the need to increase product and asset availability, price transparency, accountability, and coordination between the natural gas and electric industries to ensure electric reliability (no legislation). Discussed how FERCs Order 1920 (Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17)) was a missed opportunity to deal with cost allocation issues and joint ownership of transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues. Discussed Western markets. Discussed FERCs practice and procedure and generator interconnection issues, including implementation of Order 2023 (Docket No. RM22-14). Discussed power market mitigation for institutional investors (Docket No. AD24-60). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Discussed S. 4171, the Making Pipelines Accountable to Consumers Act (all provisions). Discussed S. 3820, the Low Income Household Water Assistance Program Establishment Act (sections 2(b) and 2(g). Discussed the White Houses 150 Comeback Communities and public power utilities can better leverage programs and policies included in the Inflation Reduction Act.
Protecting America’s Distribution Transformer Supply Chain Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed support for S. 3627, the Distribution Transformer Efficiency and Supply Chain Reliability Act of 2024 (all provisions). Discussed the need for the FAQS for the Fiscal Years 2022-2023 Funding Cycle for the Department of Energy's Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107) to be clarified regarding eligibility for joint action agencies. Discussed support for DOE's GRIP Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed ways to improve DOE outreach to smaller and rural utilities. Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 6185, the Guaranteeing Reliable Infrastructure Development (GRID) Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed making transmission investment tax credits refundable in CETA, direct pay tax credits. Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed concerns with amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues across the U.S. Discussed the development of Western markets. Discussed President Bidens Executive Order to promote the safe, secure, and trustworthy development and use of artificial intelligence (AI). Discussed the potential use of AI by electric utilities. Discussed the National Cyber Incident Response Plan. Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Also discussed concerns with how the federal permitting process is slowing the ability of NTUA and volunteers to connect additional Navajo Nation homes to the electric grid.
BIG WIRES Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed support for S. 3627, the Distribution Transformer Efficiency and Supply Chain Reliability Act of 2024 (all provisions). Discussed the need for the FAQS for the Fiscal Years 2022-2023 Funding Cycle for the Department of Energy's Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107) to be clarified regarding eligibility for joint action agencies. Discussed support for DOE's GRIP Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed ways to improve DOE outreach to smaller and rural utilities. Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 6185, the Guaranteeing Reliable Infrastructure Development (GRID) Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed making transmission investment tax credits refundable in CETA, direct pay tax credits. Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed concerns with amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues across the U.S. Discussed the development of Western markets. Discussed President Bidens Executive Order to promote the safe, secure, and trustworthy development and use of artificial intelligence (AI). Discussed the potential use of AI by electric utilities. Discussed the National Cyber Incident Response Plan. Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Also discussed concerns with how the federal permitting process is slowing the ability of NTUA and volunteers to connect additional Navajo Nation homes to the electric grid.
BIG WIRES Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed DOEs final energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they were improved from proposed standards. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed the Cybersecurity and Infrastructure Security Agency's Notice of Proposed Rulemaking to implement the requirements of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (Docket Number: CISA-2022-0010) and the need to avoid duplicative reporting requirements. Discussed support for the Charging and Fueling Infrastructure Grant Program under Subtitle D, sec. 11401 of the Infrastructure Investment and Jobs Act (P.L. 115-58). Discussed support for the Department of Energy Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower as a source of renewable energy for public power utilities. Discussed the importance of hydropower for grid reliability. Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed S. 4027/H.R. 7786, the SPEED and Reliability Act of 2024 (section (2)(a)(D)), on the exemption of a facility as in the national interest from review under the National Environmental Policy Act. Discussed concerns with overly stringent Build America/Buy America standards in the Infrastructure Investment and Jobs Act (P.L. 117-58) and the impact those standards have on public power utilities ability to complete grant-funded projects. Discussed the need to increase product and asset availability, price transparency, accountability, and coordination between the natural gas and electric industries to ensure electric reliability (no legislation). Discussed how FERCs Order 1920 (Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17)) was a missed opportunity to deal with cost allocation issues and joint ownership of transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues. Discussed Western markets. Discussed FERCs practice and procedure and generator interconnection issues, including implementation of Order 2023 (Docket No. RM22-14). Discussed power market mitigation for institutional investors (Docket No. AD24-60). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Discussed S. 4171, the Making Pipelines Accountable to Consumers Act (all provisions). Discussed S. 3820, the Low Income Household Water Assistance Program Establishment Act (sections 2(b) and 2(g). Discussed the White Houses 150 Comeback Communities and public power utilities can better leverage programs and policies included in the Inflation Reduction Act.
Grid Resiliency Tax Credit Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies to address climate change. Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed the likelihood of legislation to amend the tax treatment of municipal bonds. Discussed implementation of 26 USC 45U, the existing nuclear tax credit. Discussed support for direct pay of the nuclear investment tax credit (P.L. 117-169, sec. 13105). Discussed support for adding direct pay to S. 1793/H.R. 5803, the Grid Resiliency Tax Credit Act. Discussed possible changes to the three-year limit on customized commercial contracts under 16 CFR 1.141-7(f)(3) - private use rules for output facilities financed with tax-exempt bonds.
GRID Act
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed support for S. 3627, the Distribution Transformer Efficiency and Supply Chain Reliability Act of 2024 (all provisions). Discussed the need for the FAQS for the Fiscal Years 2022-2023 Funding Cycle for the Department of Energy's Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107) to be clarified regarding eligibility for joint action agencies. Discussed support for DOE's GRIP Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed ways to improve DOE outreach to smaller and rural utilities. Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 6185, the Guaranteeing Reliable Infrastructure Development (GRID) Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed making transmission investment tax credits refundable in CETA, direct pay tax credits. Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed concerns with amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues across the U.S. Discussed the development of Western markets. Discussed President Bidens Executive Order to promote the safe, secure, and trustworthy development and use of artificial intelligence (AI). Discussed the potential use of AI by electric utilities. Discussed the National Cyber Incident Response Plan. Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Also discussed concerns with how the federal permitting process is slowing the ability of NTUA and volunteers to connect additional Navajo Nation homes to the electric grid.
Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2023
Client: AMERICAN PUBLIC POWER ASSOCIATION · Firm: AMERICAN PUBLIC POWER ASSOCIATION
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed possible funding for the Department of Energy (DOE) to assist manufacturers of distribution transformers in increasing their production (no legislation). Discussed the patchwork of cyber incident reporting requirements and concerns about harmonization, including the Cybersecurity and Infrastructure Security Agencys implementation of the Cyber Incident Reporting for Critical Infrastructure Act (CISA-2022-0010). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey. Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Provided feedback on draft legislation, the Rural Grid Resilience Act, to promote microgrids and grid resilience in rural communities. Discussed the price spike in PJMs 2024 Base Residual Auction and efforts by stakeholders to postpone PJMs 2025 Base Residual Auction. Discussed how the Federal Energy Regulatory Commissions (FERC) regulations impact public power communities despite most public power utilities not being subject to FERC ratemaking regulation. Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs. Discussed concerns regarding the long lead times to interconnect new generation resources, and support for policies that prioritize interconnection for load-serving entities.
Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and the provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed H.R. 9855, the Certainty and Uniform Reviews for Reliable Energy and Transmission (CERTAIN) Act, to amend the Federal Water Pollution Control Act to make certain reforms with respect to permits and licenses under such act. Specifically discussed amending the Clean Water Act section 401 water quality certification process. Discussed support for H.R. 9855, the CERTAIN Act.
Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed potential changes to 26 USC 6417, elective payment energy tax credits, including unspecified changes to the domestic content requirements for elective payment imposed under sections 48E (investment tax credit) and 45Y (production tax credit). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed support for S. 5453, the Grid Resiliency Tax Credit Act, to amend the Internal Revenue Code to establish a tax credit for the installation of regionally significant electric power transmission lines. Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.
Filing targets: Energy, Dept of, Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, Securities & Exchange Commission (SEC)
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2026 · second_quarter · Q2
Discussed support for H.R. 7266, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed general support for legislation that would remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative National Environmental Policy Act requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed H.R. 6633, the High-Capacity Grid Act (all provisions), to establish a best-available transmission conductor standard for certain transmission projects under the Federal Power Act and to provide for presumptions regarding cost recovery for such conductors. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9332, the Load Forecasting Enhancement Act, to require the Federal Energy Regulatory Commission to establish regional joint boards to study electric load forecasting. Discussed technical assistance for public power utilities for load forecasting. Discussed H.R. 9340, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed Winter Storm Fern and the use of section 202(c) orders by the Department of Energy to ensure grid reliability. Discussed grid enhancing technologies and their potential ability to improve grid reliability but should only be deployed where there are clear reliability and consumer benefits (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Provided feedback on draft transmission legislation to make changes to the Federal Power Act that would, among other things, expand the Federal Energy Regulatory Commissions authority over public power utilities and increase costs for their customers. Provided feedback on draft legislation, the State Energy Oversight Act, on performance-based ratemaking. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the importance of coordination between the military and public power utilities that serve them (no legislation). Discussed issues related to defense critical electric infrastructure, including the importance of coordination between the military and Department of Energy (no legislation). Discussed existing cooperative agreements with the Department of Energy (DE-CR0000007, DE-CR0000015, and DE-CR0000026. Discussed the Executive Order on Artificial Intelligence. Discussion of distribution transformer supply chain challenges (no legislation). Discussed the impact of federal trade policies on supply chains for public power utilities (no legislation). Discussed supply chain issues facing public power utilities and the significant cost increases they are seeing for key electrical equipment that can only be acquired abroad (no legislation). Discussed the importance of the Tennessee Valley Authority to public power utilities served by it. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability, as well as ensuring a voice for public power in evaluating governance issues (FERC Docket RM26-4 and AD26-7). Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.
Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and the provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Discussed H.R. 1267, the PFAS Water Systems Liability Act, regarding how utilities are passive receivers of PFAS. Discussed the zero-liquid discharge requirements for certain waste streams under the Environmental Protection Agencys Steam Electric Effluent Limitation Guidelines (EPA-HQ-OW-2009-0819). Discussed Clean Water Act section 401 water quality certification rule and its importance to the power sector (EPA-HQ-OW-2025-2929). Discussed the importance of issuing a final rule defining Waters of the United States quickly (EPA-HQ-OW-2025-0322). Discussed EPAs proposed repeal of the Greenhouse Gas Standards for Fossil Fuel Fired Electric Generating Units (EPA-HQ-OAR-2025-0124; FRL-12674-01-OAR). Discussed support for the National Environmental Policy Act and Clean Water Act provisions in S. 4994, the American Energy and Mineral Infrastructure Act, to streamline permitting under the Natural Gas Act, the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969.
Discussed possible regulations to implement section 26 USC 7701(a)(51)(D)(i)(l)(dd), prohibited foreign entity debt test (15 percent). Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed support for simplifying the qualification for elective payment under 26 USC 6417 (no legislation). Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed support for S. 1481, the Lifting Our Communities through Advanced Liquidity for Infrastructure Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed opposition to proposed changes to tax-exempt financing to encourage the privatization of public infrastructure through asset recycling (no legislation). Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.
Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed the need for action on categorical exclusions for vegetation management along power line corridors. Also discussed strict liability for utilities operating on public lands for wildfires. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed support for S. 1034/H.R. 2432, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed support for the acting commissioner of the Bureau of Reclamation to release funds in the Colorado River Dam Fund for the acquisition of wide head turbines at Hoover Dam as directed to in the report language accompanying H.R. 6938, the Energy & Water Development Appropriations Act, 2026. Discussed the need to exempt the Boulder Canyon Dam Project from the Federal Lands Recreation Enhancement Act (P.L. 108‑447), which would give the Bureau of Reclamation the ability to collect entry fees at Hoover Dam (no legislation).
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.
Filing targets: Defense, Dept of (DOD), Energy, Dept of, Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), Office of Management & Budget (OMB), SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of, U.S. Forest Service
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2025 · fourth_quarter · Q4
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed support for S. 3518, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).
Discussed possible regulations to implement section 26 USC 7701(a)(51), prohibited foreign entity debt test. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts.
Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support of reforms to the Endangered Species Act that would change the definition of habitat (no legislation). Discussed how the Endangered Species Act impacts energy infrastructure projects (no legislation). Discussed H.R. 1897, the Endangered Species Act Amendments of 2025 (all provisions). Discussed the importance of the Endangered Species Act for public power utilities and some of the challenges the statute creates (Docket No. FWS-HQ-ES-2025-0039, FWS-HQ-ES-2025-0048, FWS-HQ-ES-2025-0029, and FWS-HQ-ES-2025-0044).
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, SENATE, Treasury, Dept of, U.S. Fish & Wildlife Service (USFWS), U.S. Forest Service
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2025 · third_quarter · Q3
Discussed potential legislation regarding the Energy Threat Analysis Center and obstacles to increased public power participation. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the urgent need for a replacement for the public disclosure exemptions that were provided under the Critical Infrastructure Partnership Advisory Council to facilitate information sharing at Electricity Subsector Coordinating Council meetings (no legislation). Discussed CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed support for S. 1337, the Cybersecurity Information Sharing Extension Act (all provisions). Discussed support for H.R. 5079, the Widespread Information Management for the Welfare of Infrastructure and Government Act (all provisions). Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed support of H.R. 3657, the Hydropower Licensing Transparency Act, to direct the Federal Energy Regulatory Commission (FERC) to report annually to Congress on the status of the relicensing process for each application for a renewed hydropower dam license. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, from the 118th Congress, which would have expanded the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would have exempted Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed grid-enhancing technologies (GETS) and interconnection queue reform. Also discussed the need to ensure savings related to GETS benefits public power utilities and their customers (no bill). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Provided feedback on a draft bill to create a new must consider provision under section 111(d) of the Public Utility Regulatory Policy Act that would seek to create interconnection procedures to support microgrids. Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions, including issues in Docket AD25-7. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the North American Electric Reliability Corporations (NERC) electric reliability standards development procedures and the impact of FERC Order No. 907 (directing modifications to NERCs critical infrastructure protection standards) on the prioritization of NERCs standards development work. Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
Discussed the importance of maintaining adequate staffing levels at the Power Marketing Administrations (no legislation). Discussed support for H.R. 3158/S. 1570, the Hoover Dam Act, to amend the Boulder Canyon Project Act to authorize the Secretary of the Interior to expend amounts in the Colorado River Dam fund. Discussed the need for the Bureau of Reclamation to release approximately $52 million in the Colorado River Dam Fund for upgrades at Hoover Dam. Discussed support for H.R. 1001, to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund. Discussed the need for appropriate staffing at the Bureau of Reclamation to counter the impacts of staff cuts that have increased overhead rates at Hoover Dam from 12 percent to 41 percent (no legislation). Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed draft legislation to amend the Forest Land Policy and Management Act (P.L. 94-579) to amend strict liability caps for wildfires on federal lands.
Discussed the Environmental Protection Agencys (EPA) efforts to review the legacy coal combustion residuals rulemakings, including compliance extension deadlines for coal combustion residual management units, as well as potential updates to the legacy rule risk assessment and support for state CCR permit programs (Docket No. EPA-HQ-OLEM-2020-0107). Discussed H.R. 4875, the Coal Ash for American Infrastructure Act (all provisions). Discussed the need for the development of a federal coal combustion residuals (CCR) permitting program, the timely review and approval of state CCR programs by EPA, and support for the beneficial reuse of CCRs. Discussed the need for EPA to develop a CCR program that allows for site-specific, risk-based considerations and promotes the beneficial use of CCRs (no legislation). Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 573, Studying NEPAs Impact on Projects Act, to direct the Council on Environmental Quality (CEQ) to annually report on the impact of NEPA on projects that require NEPA review. CEQ must publish the report on its website and submit it to certain congressional committees.
Discussed general support for the repeal of the 2024 Carbon Pollution Standard (Docket No. EPA-HQ-OAR-2025-0124). Discussed the potential reliability impacts from the rule, as well impracticality of using carbon capture and storage technology to reduce emissions given the current state of the technology. Discussed concerns with the 2024 Effluent Limitation Guidelines Rule and the costs of various wastewater treatment technologies required to comply with the rule (Docket No. EPA-HQ-OW-2009-0819). Discussed the administrations plans to reconsider the rule and the challenges with meeting the compliance deadlines in the 2024 rule. Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act. Discussed the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into Waters of the US (WOTUS) and the provision regarding the section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Also discussed section 6, clarifying federal general permits and section 15 judicial review timelines clarity. Discussed H.R. 1267, the Water System PFAS Liability Protection Act, and the need for PFAS liability protection for electric utilities in addition to public water systems. Discussed S. Amdt. 3363 to S. 2296, the National Defense Authorization Act for Fiscal Year 2026, which would provide PFAS liability protection to public water systems and the need to include public power. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed the need to define the term relatively permanent rather than leaving it open to interpretation. Also discussed the definition of continuous surface connection and the exclusion for waste treatment systems under the Waters of the U.S. definition. (Final Clarifying Definition of Waters of the United States, RIN 2040-AG44).
Discussed the potential impact of siting nuclear power plants, such as small modular reactors, at Department of Defense facilities currently served by local electric utilities (no legislation). Discussed the potential for policy proposals to result in the stranding of existing utility assets and the imposition of new regulatory burdens on the Department of Defense. Discussed the importance of nuclear power (no legislation).
Filing targets: Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Office of Management & Budget (OMB), SENATE, Treasury, Dept of
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2025 · second_quarter · Q2
Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.
Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from the Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025). Discussed opposition to Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025) section 70513(b) (restrictions relating to prohibited foreign entities) provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to H.R. 1, section 70513(b) (restrictions relating to prohibited foreign entities) as passed by the House, provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to section 70512(f), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, and section 70513(a), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, in Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed Elective Pay Blueprint APPA developed for APPA members to guide them on energy tax credits. Discussed support for S. 1481, the LOCAL Infrastructure Act, to reinstate advance refunding bonds. Discussed support for S. 5212, the Enhanced Energy Recovery Act, provisions ensuring tax credits for expanding carbon capture are available via elective payment.
Filing targets: Army, Dept of (Corps of Engineers), Defense, Dept of (DOD), Energy, Dept of, Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, SENATE
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2025 · first_quarter · Q1
Discussed the public power business model. Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the implementation of Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed draft language to not require licensees to obtain approval for non-substantive alterations or additions at hydropower facilities, routine maintenance, or replacement of hydropower projects that are in response to circumstances beyond their reasonable control. (no legislation). Discussed support for S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed energy tax credits for hydropower (no legislation). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed interconnection queue reform efforts (no legislation). Discussed H.R. 1047/S. 465, the GRID Power Act to direct the Federal Energy Regulatory Commission to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs (no legislation). Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed of electricity affordability for all customers (no legislation). Discussed the potential impact of federal funding freezes (no legislation). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort.
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2024 · fourth_quarter · Q4
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed possible funding for the Department of Energy (DOE) to assist manufacturers of distribution transformers in increasing their production (no legislation). Discussed the patchwork of cyber incident reporting requirements and concerns about harmonization, including the Cybersecurity and Infrastructure Security Agencys implementation of the Cyber Incident Reporting for Critical Infrastructure Act (CISA-2022-0010). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey. Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Provided feedback on draft legislation, the Rural Grid Resilience Act, to promote microgrids and grid resilience in rural communities. Discussed the price spike in PJMs 2024 Base Residual Auction and efforts by stakeholders to postpone PJMs 2025 Base Residual Auction. Discussed how the Federal Energy Regulatory Commissions (FERC) regulations impact public power communities despite most public power utilities not being subject to FERC ratemaking regulation. Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs. Discussed concerns regarding the long lead times to interconnect new generation resources, and support for policies that prioritize interconnection for load-serving entities.
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2024 · third_quarter · Q3
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed H.R. 9083, the SECURE GRID Act, to amend the Energy Policy and Conservation Act to require states to include supporting the physical security, cybersecurity, and resilience of local distribution systems in State energy security plans (all provisions). Provided feedback on draft legislation to promote the deployment of virtual power plants. Provided feedback on draft legislation to help promote the development of renewable energy microgrids in rural communities. Discussed the need for the Department of Energy (DOE) to reduce the administrative burden for grants and other federal funding opportunities through DOE, especially for smaller, less-resourced utilities. Discussed how DOE could improve collaboration with electric utilities. Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed support for S. 2356 from the 117th Congress, the Twenty-First Century Dams Act. Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey. Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet rising electricity demand. Discussed general support for permitting reform to help expedite the construction of energy infrastructure, including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed support for S. 4171, the Making Pipelines Accountable to Consumers and Taxpayers Act. Discussed concerns with H.R. 8032, the Low Income Household Water Assistance Program Establishment Act (all provisions).
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2024 · second_quarter · Q2
Discussed concerns about the effect on public power utilities as counterparties in derivative transactions with banks as a result of increased capital requirements for large bank transactions with non-publicly traded entities under proposed rule, Regulatory Capital Rule: Large Banking Organizations and Banking Organizations with Significant Trading Activity (Docket ID: OCC-2023-0008, 88 Fed. Reg. 64028 (2023) and proposed rule, Regulatory Capital Rule: Risk-Based Capital Surcharges for Global Systemically Important Bank Holding Companies; System Risk Report (FR Y-15) (Docket No. R-1814, 88 Fed. Reg. 60385).
Discussed support for H.R. 2672, the FEMA Loan Interest Payment Relief Act.
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2024 · first_quarter · Q1
Discussed concerns with increased capital requirements for large bank transactions with non-publicly traded entities under proposed rule, Regulatory Capital Rule: Large Banking Organizations and Banking Organizations with Significant Trading Activity (Docket ID: OCC-2023-0008, 88 Fed. Reg. 64028 (2023) and proposed rule, Regulatory Capital Rule: Risk-Based Capital Surcharges for Global Systemically Important Bank Holding Companies; System Risk Report (FR Y-15) (Docket No. R-1814, 88 Fed. Reg. 60385). Discussed potential legislation to allow federal home loan banks to credit enhance municipal bonds.
Discussed the Environmental Protection Agency's proposed rules to regulate greenhouse gas emissions from power plants (EPA-HQ-OAR-2023-0072) and the potential impacts to public power utilities, as well as potential impact on affordability and reliability.
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2023 · fourth_quarter · Q4
Discussed the Environmental Protection Agency's proposed rules to regulate greenhouse gas emissions from power plants (EPA-HQ-OAR-2023-0072) and the potential impacts to public power utilities, as well as potential impact on affordability and reliability. Discussed the Environmental Protection Agencys (EPA) Particulate Matter (PM) National Ambient Air Quality Standards (NAAQS) (RIN: 2060-AV52) and the need for the agency to retain the current 12 microgram per cubic meter PM2.5 annual standard. Discussed EPA suspending or deferring its decision on reconsidering the PM NAAQS until 2025.
Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies to address climate change. Discussed section 242 of H.R. 2811, the Limit, Save, Grow Act of 2023, that would repeal the taxpayer election of payments, in lieu of credits, for specified energy property and production of electricity from certain renewable resources. Discussion of concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed the need for timely guidance related to the implementation of Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702 (domestic content requirements for elective payment of energy tax credits).
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2023 · third_quarter · Q3
Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies to address climate change. Discussed section 242 of H.R. 2811, the Limit, Save, Grow Act of 2023, that would repeal the taxpayer election of payments, in lieu of credits, for specified energy property and production of electricity from certain renewable resources. Discussion of concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed the need for timely guidance related to the implementation of Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702 (domestic content requirements for elective payment of energy tax credits). Discussed S. 1793/H.R. 5803, the Grid Resiliency Tax Credit Act, to provide tax credits for the installation of regionally significant electric power transmission lines. Discussed the need to restore advance refunding bonds and support for H.R. 1837, the Investing in Our Communities Act (all provisions), and S. 1453, supporting Lifting Our Communities through Advance Liquidity for Infrastructure Act or the LOCAL Infrastructure Act (all provisions). Discussed support for legislation in the 117th Congress, H.R. 2634, the Local Infrastructure Financing Tools (LIFT) Act, section 4, to increase the small-issuer exception from $10 million to $30 million.
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2023 · second_quarter · Q2
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy (DOE) as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed how strong industry-government partnerships should be supported to prevent, prepare for, and respond to cybersecurity attacks. Discussed how the federal government should play a greater role in helping electric utilities in assessing vendor cybersecurity practices, such as establishing a federal vendor certification or accreditation program. Discussed how Congress should refrain from imposing additional cyber incident reporting mandates until the Cybersecurity Incident Reporting for Critical Infrastructure Act (CIRCIA) is fully implemented. Provided feedback on H.R. 1160, the Critical Electric Infrastructure Cybersecurity Incident Reporting Act (all provisions). Discussed draft legislation to direct state public utility commissions to establish cybersecurity baselines for distribution utilities (no bill number). Discussed efforts by DOE and other stakeholders on cybersecurity baselines for distribution utilities. Discussed funding opportunities under the Rural and Municipal Utility Advanced Cybersecurity Grant Program. Discussed potential problems with the implementation of the Rural and Municipal Utility Grant Program at DOE (Sec. 40124(d)(1)(A) of the Infrastructure Investment and Jobs Act) regarding the provision of technical assistance. Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at DOE to address the distribution transformer supply chain crisis, including President Bidens declaration to use the Defense Production Act. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed need for increased domestic manufacturing of equipment for electric utilities. Discussed H.R. 763, the Supply CHAINS Act, and if the legislation could help address the distribution transformer supply chain issue. Discussed draft legislation, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed public power utility access to additional funding for loans for renewable energy created under the Inflation Reduction Act (Pub. Law 117-169), section 22001. Discussed concerns with the DOEs draft guidance to implement section 247 (Maintaining and Enhancing Hydroelectric Incentives) in the Infrastructure Investment and Jobs Act (IIJA)(P.L. 117-58). Discussed, S. 1521, the Community and Hydropower Improvement, and provisions giving tribes mandatory conditioning authority. Discussed the importance of hydropower to rural public power communities. Provided feedback on unintroduced, updated version of legislation from the 117th Congress, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability, among other things (all provisions). Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act and changes to the Federal Power Act to expedite the construction of transmission while not saddling public power utilities with transmission costs for which they receive no benefit. Provided feedback on draft legislation, the Clean Electricity Transmission Acceleration Act (all provisions), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission. Provided feedback on draft permitting reform legislation, the Building American Energy Security Act of 2023 (provisions on transmission). Provided feedback on draft legislation, the CHARGE Act, to promote transmission (all provisions). Discussed concerns with overly broad definitions of the benefits of transmission that would result in utilities and their customers paying for transmission projects from which they derive no benefit. Also discussed the importance of keeping costs affordable for customers. Discussed the importance of keeping rates affordable as new transmission infrastructure is developed. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed the importance of containing costs for customers for building new transmission to accommodate a changing resource mix and to promote reliability and resilience. Discussed concerns with language to set minimum interregional transfer capability between regions being included transmission legislation (no specific bill). Discussed the importance of permitting reform to help build clean energy infrastructure, which will reduce greenhouse gas emissions. Discussed public power programs to promote demand response. Discussed the domestic content requirements in the Inflation Reduction Act (IRA) and Build America requirements in the IIJA, specifically the unique rules that apply to public power and the co-ops. Discussed ensuring the U.S. has adequate natural gas pipeline infrastructure needed for electric reliability. Discussed the public power business model. Discussed how public power utilities are deploying electric vehicle charging infrastructure in their communities.
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2023 · first_quarter · Q1
Discussed the Environmental Protection Agencys (EPA) Clean School Bus Program rollout, including working with public power utilities. Discussed EPAs Steam Electric Effluent Limitation Guidelines (Docket number: EPA-HQ-OW-2009-0819) and the impact it could have on public power utilities operations and costs. Discussed EPAs Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category, EPA- HQ-OW-2009-0819; RIN 240-AG23 and the need to maintain the 2020 rules cessation subcategory and Voluntary Incentive Program. Also discussed technologies to avoid for satisfying the Best Available Control technology and giving utilities in the process of installing technology to meet the 2020 rule more time to comply with any new limits. Discussed concerns with the potential impacts of EPAs Federal Good Neighbor Plan for the 2015 Ozone NAAQS (EPA- HQ-OAR-2021-0668; RIN 2060-AV51) on market allowance liquidity. Discussed need to exclude electric generating units under 25 megawatts from the rule.
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2022 · third_quarter · Q3
Discussed the importance of nuclear power to GHG reduction goals and to grid reliability.
Discussed public powers support for legislation to address climate change, including potential legislation to create a clean energy standard and what such legislation would need to include to ensure electricity remains affordable, reliable, and sustainable. Discussed what public power utilities are doing to reduce their greenhouse gas (GHG) emissions. Discussed potential GHG regulations on the power sector under section 111 of the Clean Air Act. Discussed the Environmental Protection Agency's (EPA) proceeding, GHG Emission Guidelines for Existing Sources (RIN 2060-AV10); specifically discussed concerns with coordination of suite of rules impacting the power sector. Also discussed how the direct pay provisions in the Inflation Reduction Act will help public power utilities invest in renewable technologies needed to reduce greenhouse gas emissions. Discussed EPA's proceeding, GHG New Source Performance Standards (2060-AV09); specifically discussed the need for regulatory flexibility to meet new source limits. Also discussed investments in new types of generation technology, such as reciprocating internal combustion engines. Discussed EPA's proceeding, Ozone Federal Implementation Plan (2040-AV51); specifically discussed concerns the proposal could have on bulk power system reliability given the lack of compliance flexibility. Also discussed the cost of emissions allowances. Discussed the need for permitting reform to enable the siting and construction of energy infrastructure. Discussed the Clean Water Act provisions (subtitle B) in the Energy Independence and Security Act of 2022 (no bill number). Provided feedback on S.J. Res 55, A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Council on Environmental Quality relating to National Environmental Policy Act Implementing Regulations Revisions. Discussed the potential impacts EPAs changes to the coal combustion residuals rule could have on public power utilities. Discussed legislative efforts to address environmental justice issues (no specific bills). Discussed the regulatory uncertainty created by changing rules on Waters of the United States (WOTUS), specifically on the waste treatment exclusion. Discussed revisions to WOTUS (RIN 2040-AG19), including maintaining the waste treatment exclusion. Discussed Steam Electric Effluent Limitation Guidelines (RIN 2040-AG23), including concerns with spending resources to comply with 2020 ELG rule when EPA anticipates changing the requirements before full implementation of 2020 ELG rule can occur. Also discussed setting wastewater discharge requirements for FGD wastewater based on membrane technology.
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2022 · second_quarter · Q2
Discussed grid security issues, including implementation of the mandatory cyber incident reporting legislation (included in the Consolidated Appropriations Act, 2022 (H.R. 2471)) by the Department of Homeland Securitys Cybersecurity and Infrastructure Security Administration (DHS CISA) and the need to avoid duplicative or conflicting reporting requirements. Discussed the need for DHS CISA to undertake a careful and deliberative implementation process that takes into account existing reporting mandates and to appropriately tailor reporting mandates commensurate with risk to national security. Discussed the importance of protecting the role of the Department of Energy (DOE) as the energy sectors risk management agency. Discussed H.R. 8053, the Guaranteeing Resilient Installations for Defense Act (GRID Act). Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed support for DOE temporarily waiving distribution transformer energy efficiency standards to help spread raw steel materials and increase production volumes. Discussed the strategic transformer reserve provision in section 20301 of H.R. 4521, the America COMPETES Act of 2022. Discussed support for amending section 4251 of S. 1260, the U.S. Innovation and Competition Act of 2021, to ensure that DHS works with DOE in the event of a declaration of a significant incident and to direct DHS and DOE to clarify how a significant incident declaration could impact/interact with the declaration of a grid security emergency. Discussed announcement by the Biden Administration on the Made-in-America Federal Clean Energy Procurement Program. Discussed opposition to the creation of a new must-consider requirement under the Public Utility Regulatory Policies Act of 1978 in H.R. 4521, the America Competes Act. Discussed concerns with a draft letter to FERC on demand charges for electric vehicle (EV) chargers. Discussed electric utilities role in EV charger deployment, including the ability for the electric industry to handle new demand and the importance of working with utilities to right-size projects. Provided feedback on draft legislation on electric school buses and vehicle-to-grid charging technology. Discussed upcoming federal guidance for the National Electric Vehicle Infrastructure (NEVI) formula funding program and public power EV efforts. Discussed the importance of hydropower as an electricity resource for public power utilities and support for modernizing the hydropower licensing and relicensing process. Discussed the Uncommon Dialogue effort to improve the licensing and relicensing process for hydroelectric facilities. Discussed the need for the reliable delivery of natural gas for electricity generation. Discussed possible amendment to the Natural Gas Act to allow for natural gas price emergency declaration. Discussed DOEs Implementation of the DOE National Transmission Planning Study (part of the Infrastructure Investment and Jobs Act), including the importance of having a public power representative and nominating a member to serve on the Study Technical Review Committee Modeling Subcommittee. Discussed transmission issues, including inter-regional transmission planning, cost allocation, siting, and permitting. Also discussed rising transmission costs for public power utilities and the need for joint ownership of transmission by public power utilities. In addition, discussed issues with the interconnection queue in certain regional transmission markets. Discussed the Federal Energy Regulatory Commission (FERC) Notice of Proposed Rulemaking on Transmission (RM-21-17). Discussed S. 3879, the CHARGE Act. Discussed the October Technical Conference on Transmission Planning and Cost Management (AD 22-8). Discussed the impact of MISO capacity auction results on public power utilities.
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2022 · first_quarter · Q1
Discussed the development of the upcoming 2022 Water Resources Development Act (WRDA) (no bill number); also discussed potential Buy America provisions in the bill. Discussed the importance of the Power Marketing Administrations/Army Corps of Engineers hydropower program for public power utilities and the electric grid. Discussed support for the Power Marketing Administrations and the need to protect their statutory mission. Discussed the importance of hydropower (federal and non-federal) and the need for licensing reform. Discussed S. 3719, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed federal hydropower issues, including the impact of drought on hydropower production from federal dams; markets; rates; and finances. Discussed the Western drought situation and the associated operational and financial challenges it poses to preference power. Discussed the anticipated increased costs to federal hydropower customers resulting from supplemental provided to the Army Corps of Engineers in H.R. 3684, the Infrastructure Investment and Jobs Act and from H.R. 3237, the Emergency Security Supplemental Appropriations Act - and how to fix it in the upcoming WRDA (no bill number, no draft). Discussed the problem of rising joint costs assigned by the Army Corps of Engineers to the Power Marketing Administrations and federal hydropower customers. Discussed the need to modernize the Columbia River Treaty (focus on hydropower).
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2021 · fourth_quarter · Q4
Discussed provisions in H.R. 5376, the Build Back Better Act, regarding the book tax on corporate income; support for making refundable, direct pay energy tax credits available to public power utilities; and the inclusion of tax credits for hydropower. Discussed the need for comparable incentives for various energy-related tax credits for public power utilities (i.e., refundable, direct pay tax credits). Discussed support for S. 2306, the Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2021, and its inclusion in the Senate draft of the Build Back Better Act (no bill number). Discussed provisions in H.R. 5376, the Build Back Better Act, on providing Rural Utilities Service loans and grants for renewable energy generation and retirement of debt related to fossil-fuel generation and providing refundable direct payment energy-related tax credits. Also discussed support to include language to reinstate advance refunding bonds and increase the small-issuer exception. Discussed concerns with the sequestration of direct payment bonds, including Build America Bonds. Expressed support for S. 610, the Protecting Medicare & American Farmers from Sequester Cuts Act (non-Medicare budget sequestration provisions to postpone for a year PAYGO sequestration cuts). Discussed Treasury guidance related to the taxation of household assistance provided by the Coronavirus State and Local Fiscal Recovery Funds (Pub. Law 117-2, the American Rescue Plan Act).
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2021 · third_quarter · Q3
Discussed H.R. 5192, the Clean Hydrogen Production and Investment Tax Credit Act, and the need to ensure it is available to public power utilities as a refundable, direct payment tax credit. Discussed concerns with the possible inclusion of language in the draft Infrastructure Investment and Jobs Act, to incentivize the privatization of public assets. Discussed H.R. 4720/S. 2475, the Energy Sector Innovation Tax Credit - provisions related to the transfer of credits by certain public entities. Discussed the need for comparable incentives for various energy-related tax credits for public power utilities. Discussed S. 292, the Clean Energy for America Act, and H.R. 848, the Growing Renewable Energy and Efficiency Now (GREEN) Act of 2021 - provisions relating to direct payment bonds and refundable direct payment tax credit for public power utilities. Also discussed the EV tax credit provisions and the definition of public power. Discussed support for an amendment to S. 2118, the Clean Energy for America Act, on tax credits for hydropower. Provided feedback and support for technical changes to S. 2306, the Maintaining and Enhancing River Restoration Act of 2021. Discussed tax-related provisions in the House Ways & Means Committee portion of the Build Back Better Act (eventually H.R. 5376) on providing Rural Utility Service loans and grants for renewable energy generation and retirement of debt related to fossil-fuel generation; providing refundable direct payment energy-related tax credits; reinstatement of advance refunding bonds; and increasing the small-issuer exception. Discuss the proposed investment tax credit for transmission. Discussed the need to restore advance refunding bonds and support for H.R. 2288, the Investing in Our Communities Act, and S. 479, the LOCAL Infrastructure Act. Discussed the need to increase the small-issuer exception. Discussed support for H.R. 2634, the Local Infrastructure Financing Tools Act (provision to increase the small-issuer exception). Discussed the need to ease certain private-use restrictions on municipal bonds. Discussed concerns with the sequestration of direct payment bonds, including Build America Bonds. Discussed Treasury guidance related to the taxation of household assistance provided by the Coronavirus State and Local Fiscal Recovery Funds (Pub. Law 117-2, the American Rescue Plan Act).
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2021 · second_quarter · Q2
Discussed H.R. 7516, the Clean Energy Innovation and Deployment Act, all provisions, from the 116th Congress. Discussed and provided feedback on H.R. 1512, the CLEAN Future Act, provisions in Titles II and IV. Discussed climate policy, including APPAs support for federal legislation to address the issue. Discussed potential climate-related provisions that could be included in infrastructure legislation, including a clean energy standard. Discussed what public power utilities are doing to reduce their greenhouse gas (GHG) emissions. Discussed the need for the federal government to provide robust support for research, development, and demonstration of technologies needed to reduce GHG emissions. Discussed the Council on Environmental Qualitys (CEQ) National Environmental Policy Act (NEPA) regulatory amendments. Discussed the importance of modernizing NEPA to facilitate the Biden Administration's infrastructure goals and the historical permitting delays, which have added costs to certain projects.
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2021 · first_quarter · Q1
Discussed draft legislation to protect the supply chain of certain electric grid components. Discussed concerns with potential efforts to impose additional mandatory reporting requirements on electric utilities regarding grid security. Discussed the need for federal funding for public power utilities serving defense critical facilities (i.e., those with defense critical electric infrastructure). Discussed support for language to prevent public disclosure of sensitive critical energy/electric infrastructure information in potential grid security bills. Provided feedback on S. 622, the American Jobs in Energy Manufacturing Act of 2021. Discussed the electric utility industry's efforts to protect the grid and its close work with the federal government on cyber and physical security through the Electricity Subsector Coordinating Council. Discussed APPAs cooperative agreement with the Department of Energy (DE-OE-0000811), Improving the Cyber Resiliency and Security Posture of Public Power, and how APPA used the funding to work with its members to improve their cyber hygiene. Discussed APPAs cooperative agreement with the Department of Energy (DE-CR0000007) and how APPA will use funding to help its members develop and deploy active cyber defense on public power operational technology networks. Discussed SolarWinds supply chain compromise. Discussed Executive Order on the Bulk Power System (EO 13920). Discussed APPAs work with the Department of Energy on mutual aid during national emergencies. Discussed COVID-19 vaccine prioritization for electric utility workers. Discussed future coordination with the Department of Energy on grid security issues. Discussed the impact of COVID-19 on public power utilities and how they were dealing with the pandemic from an operational standpoint; discussed what public power utilities are doing on customer shutoffs during the pandemic; discussed draft language to establish a federal moratorium on utility shutoffs; and discussed support for additional funding for the Low Income Home Energy Assistance Program (LIHEAP) in H.R. 1319, the American Rescue Plan Act. Discussed implementation of the Emergency Renters Assistance Program created by the Consolidated Appropriations Act, 2021 (Pub. Law 116-260). Discussed implementation of Community Development Block Grants - CARES Act - funding for assisting utility customers impacted by the COVID-19 pandemic (Pub. Law 116-136). Discussed provisions to extend mandatory paid sick leave and family medical leave payroll tax credits to governmental entities, provisions to provide LIHEAP to renters, and use of LIHEAP funds to pay electric customer arrearages in H.R. 1319, the American Rescue Plan Act. Discussed H.R. 786, the Supporting State and Local Leaders Act, to grant state and local governments access to payroll tax credits for paid emergency and family leave. Discussed fiscal year 2022 funding for LIHEAP (no bill). Discussed the potential inclusion of language to provide financial assistance to public power utilities negatively impacted by customer non-payments due to the COVID-19 in H.R. 1319, the American Rescue Plan Act. Discussed draft legislation, the Maintaining Access to Essential Services During COVID Emergency Act of 2021, to aid electric utilities negatively impacted by customer non-payments due to pandemic. Discussed the impacts of Winter Storm Uri on public power utilities and concerns about cost impacts to public power customers. Discussed request to President Biden to use the Natural Gas Policy Act to declare a natural gas supply emergency and to authorize the Secretary of Energy to exercise delegated authority under section 302 of the act to cap the price for purchases of natural gas from producers of natural gas or other persons to the extent authorized under the law. Discussed APPA Light Up Navajo Project to provide electric service to Navajo Nation families by using mutual aid from public power utilities to build the infrastructure needed to provide service. Discussed the need for hydropower licensing and relicensing reform (no bill) and the importance of any climate or energy legislation recognizing hydropower as a zero-emitting, renewable resource. Discussed he need for full funding for money authorized in the Energy Act of 2020 (which was then included in H.R. 133 the Consolidated Appropriations, 2021), to the Department of Energy for research, development, and demonstration of technologies needed to meet net-zero emission reduction goals. Also discussed provisions in the Energy Act of 2020 on grid modernization and electric vehicles. Discussed community solar issues and possible legislation to spur community solar. Also discussed on-bill financing for roof-top solar installations. Discussed potential energy-related provisions that could be included in an infrastructure package, including ones on transmission and promoting clean energy technologies. Provided feedback on draft legislation, the Energy Transitions Act, to support communities impacted by the closure of coal facilities. Discussed the EV MAP Act (H.R. 8807 in the 116th Congress). Provided feedback on the EV Infrastructure Rebate Act. Discussed the role of public power utilities in helping deploy electric vehicle charging infrastructure. Provided feedback on the definition of public power in H.R. 448, the Energy Resilient Communities Act. Discussed concerns with proposed transmission incentives in Federal Energy Regulatory Commission (FERC) Docket No. RM 20-10, Notice of Proposed Rulemaking on Electric Transmission Incentives Policy Under Section 219 of the Federal Power Act. Discussed support for distributed energy resources opt-in in FERC Order 2222 (Docket No. RM 18-09) on Participation of Distributed Energy Resource Aggregations in Markets Operated by Regional Transmission Organizations and Independent System Operators. Discussed concerns about rising transmission costs and federal-state jurisdiction concerns. Discussed the North American Electric Reliability Corporation (NERC) report on distributed energy resources, NERC standards efficiency review, and the E-ISAC. Discussed FERC Supplemental Notice of Technical Conference on Resource Adequacy in the Evolving Electricity Sector (Docket No. 21-10).
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2020 · fourth_quarter · Q4
Expressed support for H.R. 359/S. 2095, the Enhancing Grid Security through Public-Private Partnerships Act. Discussed the electric utility industry's efforts to protect the grid and its close work with the federal government on cyber and physical security through the Electricity Subsector Coordinating Council. Discussed cybersecurity provisions in the Fiscal Year 2021 National Defense Authorization Act (NDAA) (H.R. 6395). Discussed opposition to including language in the final NDAA bill that would require mandatory cyber incident reporting. Discussed grid security coordination between the Department of Energy and Department of Homeland Security. Discussed support for information protection provisions in S. 2094, the Enhancing State Energy Security Planning and Emergency Preparedness Act. Discussed S. 4821, a bill to amend the Homeland Security Act of 2002, to clarify that utility line technicians qualify as emergency response providers. Discussed efforts by the electric utility sector to ensure electric service during the COVID-19 pandemic, including efforts undertaken to protect utility workers, obtain testing for key utility personnel, and the need for personal protective equipment for key utility personnel. Also discussed contact tracing for utilities. Discussed APPAs cooperative agreement with the Department of Energy (DE-CR0000007) and how APPA will use funding to help its members develop and deploy active cyber defense on public power operational technology networks. Discussed federal agency efforts/advisories on ransomware and cybersecurity. Included discussion on SolarWinds. Discussed need for essential utility personnel to get access to COVID-19 vaccine. Discussed public power resiliency efforts. Discussed the impact of COVID-19 on public power utilities and how they were dealing with the pandemic from an operational standpoint; discussed what public power utilities are doing on customer shutoffs during the pandemic; discussed language to establish a federal moratorium on utility shutoffs and prevent the collection of debt included in H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act and H.R. 925, the HEROES Act. Also discussed need to extend mandatory paid sick leave and family medical leave payroll tax credits to governmental entities. Discussed the creation of a forgivable loan program to assist public power utilities negatively impacted by COVID-19. Discussed priorities for inclusion in coronavirus relief legislation - H.R. 133, the Consolidated Appropriations Act, 2021 - forgivable loan program; increased funding for Low Income Home Energy Assistance Program (LIHEAP); rental assistance program, which can also assist renters with utility bills; extension of deadline for using Coronavirus Relief Funds (and additional money for it); and providing public power utilities with comparable incentives for various energy-related tax credits. Also discussed provisions in the bill to provide funding for rural programs and opposition to efforts include language in the bill to prohibit the Federal Reserve from taking steps to ensure municipal market liquidity. Discussed the use of Coronavirus Relief Funds allocated under the CARES Act (Pub. Law 116-136) for utility customer assistance programs. Also discussed use of Paycheck Protection Program funds to pay utility bills (small businesses and nonprofits). Discussed APPA Light Up Navajo Project to provide electric service to Navajo Nation families by using mutual aid from public power utilities to build the infrastructure needed to provide service. Discussed concerns with the inclusion of language (section 5111) in H.R. 4447, the Clean Economy Jobs and Innovation Act in the Energy Act of 2020 (which was then included in H.R. 133 the Consolidated Appropriations, 2021), to direct the Federal Energy Regulatory Commission (FERC) to undertake a rulemaking on interregional transmission planning. Also discussed support for the inclusion of various energy storage provisions (Subtitle C) in the Energy Act of 2020. Also discussed provisions in the Energy Policy Act on grid modernization and electric vehicles. Discussed support for the inclusion of H.R. 3079, the Energy Savings through Public-Private Partnerships Act of 2019, in the Energy Act of 2020. Provided feedback on draft legislation, the Energy Transitions Act, to support communities impacted by the closure of coal facilities. Discussed H.R. 8626, the Energy Resilient Communities Act. Discussed public power microgrid projects. Discussed H.R. 8807, the EV MAP Act. Discussed FERC Notice of Inquiry in RM 20-19 on Potential Risks to Bulk Electric System.
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2020 · third_quarter · Q3
Discussed support for nuclear power and the need for advanced nuclear reactors.
Expressed support for making emergency supplemental funds appropriated to the Power Marketing Administrations, Army Corps of Engineers, and Bureau of Reclamation non-reimbursable in coronavirus relief legislation, including H.R. 925, the HEROS Act. Discussed support for additional funding for the Low Income Home Energy Assistance Program in H.R. 925, the HEROES Act. Discussed concerns regarding the August 24, 2020, Memorandum of Understanding between the Department of Energy, U.S. Bureau of Reclamation, and Army Corps of Engineers on Federal Hydropower. Discussed committee report language for H.R. 7613, the Energy and Water and Related Agencies Appropriations Act, 2021, to require an Energy Information Administration report on utility reporting of emissions related to retail customer usage. Discussed Pub. Law 116-94, the Energy and Water and Related Agencies Appropriations Act, 2020 - joint explanatory statement of managers on funding for cybersecurity grant programs.
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2020 · second_quarter · Q2
Discussed S. 3688, Energy Infrastructure Protection Act. Discussed the electric utility industry's efforts to protect the grid and its close work with the federal government on cyber and physical security through the Electricity Subsector Coordinating Council. Discussed potential legislation granting utilities limited third-party liability protections during a grid security emergency, including support for such legislation. Discussed support for potential Fischer amendment to the Fiscal Year 2021 National Defense Authorization Act (NDAA) to protect facilities with defense critical electric infrastructure (S. 4049). Discussed support for potential Bacon amendment to the Fiscal Year 2021 NDAA to protect facilities with defense critical electric infrastructure (H.R. 6395). Discussed H.R. 7203, GRID Act of 2020. Discussed S. 3728, Critical Infrastructure Employee Protection Act of 2020. Discussed efforts by the electric utility sector to ensure electric service during the COVID-19 pandemic, including efforts undertaken to protect utility workers, obtain testing for key utility personnel, and the need for personal protective equipment for key utility personnel. Also discussed contract tracing for utilities. Discussed APPAs cooperative agreement with the Department of Energy (DE-OE-0000811), Improving the Cyber Resiliency and Security Posture of Public Power, and how APPA is using funding to work with its members to improve their cyber hygiene. Discussed APPA's cooperative agreement with DOE's Infrastructure Security and Energy Restoration Division -Integrating State Energy Assurance and Federal Energy Emergency Response Initiatives with Local Energy Emergency Response (DE-OE0000757). Discussed Cybersecurity Solarium Commission report. Discussed Executive Order 13920, Securing the United States Bulk-Power System. Discussed H.R. 7410, the Hydropower Clean Energy Future Act. Discussed the impact of COVID-19 on public power utilities and how they were dealing with the pandemic from an operational standpoint; discussed what public power utilities are doing on customer shutoffs during the pandemic; discussed language to establish a federal moratoria on utility shutoffs and prevent the collection of debt included in H.R. 6379, the Taking Responsibility for Families and Worker Act, and H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions (HEROS) Act Discussed possible need for direct assistance for public power utilities impacted by COVID-19; discussed public priorities for coronavirus relief package following passage of H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act - direct aid, increased funding for the Low Income Home Energy Assistance Program (LIHEAP) and Coronavirus Relief Funds, and completed implementation of the Municipal Liquidity Facility. Discussed priorities for inclusion in coronavirus relief legislation - direct aid, restoration of advance refunding bonds, increasing the small-issuer exception, increased funding for LIHEAP, making emergency supplemental appropriations for the Power Marketing Administrations non-reimbursable; and providing public power utilities with comparable incentives for various energy-related tax credits. H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions (HEROS) Act.
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2020 · first_quarter · Q1
Discussed electric vehicles and the deployment of charging infrastructure by public power utilities. Also discussed electric vehicle infrastructure costs, including make-ready costs. Expressed support for S. 674, the Clean Corridors Act of 2019, and its House companion, H.R. 2616. Expressed support for inclusion of the legislation in surface transportation legislation in the House. Discussed support for nuclear power and its importance for addressing climate change. Discussed the issue of spent nuclear fuel.
Discussed support for the restoration of advance refunding bonds and H.R. 2772, the Investing in Our Communities Act. Discussed the need for comparable incentives for public power investments in clean energy and energy storage, including support for S. 1288, the Clean Energy for America Act. Discussed H.R. 2704, the Renewable Energy Transferability Act. Discussed credit transferability in H.R. 5523, the Energy Sector Innovation Act. Discussed support for H.R. 3967, the Municipal Bond Market Support Act. Discussed the sequestration of direct payment bonds and impact on public power utilities. Discussed H.R. 5409, the Incentivizing New and Valuable Energy Storage Technology (INVEST Act), and the need to ensure public power utilities have a comparable energy storage incentive. Discussed H.R. 2096, the Energy Storage Tax Incentive and Deployment Act, and the need to ensure public power utilities have a comparable energy storage incentive. Discussed tax credit refundability in the Growing Renewable Energy and Efficiency Now (GREEN) Act (draft legislation); also discussed provision in GREEN Act related to the direct payment of enhanced deduction for energy efficiency improvements by governmental owners. Discussed Internal Revenue Service private use rules relating to commercial contracts. Discussed provisions in H.R. 6201, the Families First Coronavirus Response Act, that deny payroll tax credits for government employers and impact on public power utilities. Discussed the possible inclusion of energy-related tax credits in H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act.
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2019 · fourth_quarter · Q4
Discussed electric vehicles and the deployment of charging infrastructure by public power utilities. Also discussed electric vehicle infrastructure costs, including make-ready costs. Expressed support for S. 674, the Clean Corridors Act of 2019, and the inclusion of the legislation in S. 2302, Americas Transportation Infrastructure Act of 2019. Expressed support for H.R. 2664, the All-of-the-Above Federal Building Energy Conservation Act of 2019.
Discussed potential ways to address third-party liability concerns during a grid security emergency. Discussed APPAs cooperative agreement with the Department of Energy (DE-OE-0000811), Improving the Cyber Resiliency and Security Posture of Public Power, and how APPA is using funding to work with its members to improve their cyber hygiene. Expressed support for H.R. 359 and S. 2095, the Enhancing Grid Through Public-Private Partnerships Act, to permanently authorize program assisting small- and medium-sized electric utilities with grid security. Discussed the electric utility industry's efforts to protect the grid and its close work with the federal government on cyber and physical security through the Electricity Subsector Coordinating Council. Discussed draft bulk-power system/supply chain executive order. Discussed potential amendment to the fiscal year 2020 National Defense Authorization Act, S. 1790, to protect facilities with defense critical electric infrastructure. Discussed the need to bolster the Department of Energy's ability to protect critical electric infrastructure information. Provided feedback on S. 2556, the Protecting Resources on the Electric Grid with Cybersecurity Technology Act of 2019. Provided feedback on draft legislation, the Protecting Energy Infrastructure Act,to protect critical electric infrastructure information. Discussed the work the Office of Electricity at DOE is doing on defense critical electric infrastructure. Provided feedback on H.R. 1975, the Cybersecurity Advisory Committee Authorization Act of 2019. Discussed FERC docket RM 18-9 and the need for state and local regulators to be able to consent to aggregation of distributed energy resources on distribution systems in their jurisdictions. Also discussed the particular burdens the proposed rule would have on small utilities. Discussed the impact of wholesale mandatory capacity market Minimum Offer Price rules and performance requirements on public power utilities. FERC docket EL 16-49/EL 18-178. Discussed Public Utility Regulatory Policies Act of 1978 reform being considered by the Federal Energy Regulatory Commission. FERC NOI -- Docket No. RM 19-15 and No. AD 16-16. Discussed FERC dockets ER 18-169 and ER 19-1428 on ISO-NE capacity markets and fuel security. Discussed FERC docket RM 16-23 and AD 16-20-001 on energy storage in wholesale markets. Discussed FERC docket No. PL 19-3 on transmission incentives. Discussed concerns with mandatory capacity markets in the Eastern RTOs and the need to ensure public powers ability to self-supply power in those markets. Expressed support for S. 1602, the Better Energy Storage Act of 2019, and provided feedback on H.R. 2986, the House version of the BEST Act. Provided feedback on H.R. 5428, the Grid Modernization Research and Development Act of 2019. Provided feedback on H.R. 5527, the 21st Century Power Grid Act. Provided feedback on draft legislation, the Interregional Transmission Planning Improvement Act of 2019, which is now S. 3109/H.R. 5511.
AMERICAN PUBLIC POWER ASSOCIATION via AMERICAN PUBLIC POWER ASSOCIATION
2019 · third_quarter · Q3
Discussed efforts by public power utilities to promote energy efficiency. Discussed support for H.R. 3962, the Energy Savings and Industrial Competitiveness Act of 2019. Discussed electric vehicles and the development of charging infrastructure by public power utilities. Expressed support for S. 674, the Clean Corridors Act of 2019, and the inclusion of the legislation in S. 2302, Americas Transportation Infrastructure Act of 2019. Lobbied on the need for a permanent repository for spent nuclear waste and in support of H.R. 2699, the Nuclear Waste Policy Amendments Act of 2019.
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE
Discussed support for increased funding for the Low Income Home Energy Assistance Program in fiscal year 2026 (no legislation).
Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies and expressed concerns with any legislative efforts to eliminate them. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed tax credits for hydropower (no legislation). Discussed support for H.R. 1255, the Investing in Our Communities Act, to reinstate the ability to issue tax-exempt advanced refunding bonds.
Discussed concerns with third-party efforts to remove the Lower Snake River Dams and the importance of hydropower (no bill). Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed impacts staff reductions could have on the operations of the federal Power Marketing Administrations. Discussed support for S. 887, the Basin Fund Preservation Act to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund (all provisions).
Filing targets: Energy, Dept of, HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, SENATE, Treasury, Dept of
Filing targets: Energy, Dept of, HOUSE OF REPRESENTATIVES, SENATE
Discussed support for S. 870, the ADVANCE Act (all provisions) to promote advanced nuclear technologies. Discussed the need for a solution for nuclear waste storage (no bill).
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed DOEs final energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they were improved from proposed standards. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed the Cybersecurity and Infrastructure Security Agency's Notice of Proposed Rulemaking to implement the requirements of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (Docket Number: CISA-2022-0010) and the need to avoid duplicative reporting requirements. Discussed support for the Charging and Fueling Infrastructure Grant Program under Subtitle D, sec. 11401 of the Infrastructure Investment and Jobs Act (P.L. 115-58). Discussed support for the Department of Energy Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed the importance of hydropower as a source of renewable energy for public power utilities. Discussed the importance of hydropower for grid reliability. Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed S. 4027/H.R. 7786, the SPEED and Reliability Act of 2024 (section (2)(a)(D)), on the exemption of a facility as in the national interest from review under the National Environmental Policy Act. Discussed concerns with overly stringent Build America/Buy America standards in the Infrastructure Investment and Jobs Act (P.L. 117-58) and the impact those standards have on public power utilities ability to complete grant-funded projects. Discussed the need to increase product and asset availability, price transparency, accountability, and coordination between the natural gas and electric industries to ensure electric reliability (no legislation). Discussed how FERCs Order 1920 (Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17)) was a missed opportunity to deal with cost allocation issues and joint ownership of transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues. Discussed Western markets. Discussed FERCs practice and procedure and generator interconnection issues, including implementation of Order 2023 (Docket No. RM22-14). Discussed power market mitigation for institutional investors (Docket No. AD24-60). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Discussed S. 4171, the Making Pipelines Accountable to Consumers Act (all provisions). Discussed S. 3820, the Low Income Household Water Assistance Program Establishment Act (sections 2(b) and 2(g). Discussed the White Houses 150 Comeback Communities and public power utilities can better leverage programs and policies included in the Inflation Reduction Act.
Discussed support for funding for the Low Income Home Energy Assistance Program in Fiscal Year 2025 Labor, Health, and Human Services Appropriations Act (not yet drafted legislation). Discussed support for funding through the appropriations for DOE to help address labor and materials shortages for distribution transformers (no bill). Discussed funding being included in the fiscal year 2025 Energy and Water Development Appropriations bill for the Defense Production authorities to help address the distribution transformer supply chain crisis (no bill). Discussed the effects of sequestration under the Budget Control Act and Statutory Pay as You Go Act on public power utilities. Discussed the possible waiver of the sequestration provisions of the Statutory Pay as You Go Act (2 USC 931) as relates to the American Rescue Plan Act (P.L. 117-7). Discussed funding for federal grants to states for the federal Coal Combustions Residuals Permit Program and for language to direct EPA to expedite the review and approval state permit programs.
Discussed language in H.R. 8818, the American Privacy Rights Act, that removes U.S. territories from the list of entities that are excluded from the bills provisions.
Discussed general support for the concepts included in draft legislation, the Rural Economic Development Loan Program Collateral Flexibility Act of 2024, and similar language in H.R. 8467, the Farm, Food, and National Security Act of 2024, to give the U.S. Department of Agriculture more flexibility to accept alternative forms of collateral for the Rural Economic Development Loan & Grant Program.
Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies to address climate change. Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed the likelihood of legislation to amend the tax treatment of municipal bonds. Discussed implementation of 26 USC 45U, the existing nuclear tax credit. Discussed support for direct pay of the nuclear investment tax credit (P.L. 117-169, sec. 13105). Discussed support for adding direct pay to S. 1793/H.R. 5803, the Grid Resiliency Tax Credit Act. Discussed possible changes to the three-year limit on customized commercial contracts under 16 CFR 1.141-7(f)(3) - private use rules for output facilities financed with tax-exempt bonds.
Discussed the Environmental Protection Agency's proposed rules to regulate greenhouse gas emissions from power plants (EPA-HQ-OAR-2023-0072) and the potential impacts to public power utilities, as well as potential impact on affordability and reliability. Discussed concerns with EPAs final rules to regulate greenhouse gas emissions from power plants (EPA-HQ-OAR-2023-0072) and the impact they will have on public power utilities, as well as on affordability and reliability. Discussed the creation of a federal clean energy standard and the need for Congress to provide public power utilities with regulatory certainty. Discussed S.J. Res. 92/H.R. Res. 177, a joint resolution providing for congressional disapproval of EPAs final greenhouse gas regulations for power plants. Discussed EPAs efforts to obtain quality and useful emissions information in its Air Emissions Reporting (EPA-HQ-OAR-2004-0489).
Discussed concerns with third-party efforts to remove the Lower Snake River Dams and the importance of hydropower (no bill). Discussed Columbia River Settlement Agreement and concerns with the potential impact of breaching the Lower Snake River dams on hydropower production, meeting clean energy goals, and grid reliability (no legislation). Discussed Columbia River Treaty negotiations. Discussed support for S. 3581/H.R. 6924, the Hydropower Delivery Rate-reduction Offset (HYDRO) Act. Discussed the issue of the assignment of inequitable costs by the Army Corps of Engineers to the Power Marketing Administrations and their customers. Discussed support for ensuring the Water Resources Development Act (no bill number) protects federal hydropower customers from costs issued by the Army Corps of Engineers for which they receive no benefit. Discussed language to make clear that the Power Marketing Administration Administrators retain full authority on setting rates in draft Water Resources Development Act legislation. Discussed the importance of preserving Power Marketing Administration rate making authority; the application of dam safety costs to state-of-the-art modifications; the Stockton Lake compromise on water supply and hydropower generation; and the study of power deauthorization at Willamette Valley projects in the context of future Water Resource Development Act legislation (no bill). Discussed concerns with sections 121(a) and 121(c) of H.R. 8812, the Water Resources Development Act, regarding the classification of authorized purposes at Corps projects and cost sharing. Also discussed an amendment to the legislation to create a pilot program for Corps projects in AZ, CA, and NV at which the secretary of the Army to declare water supply is an authorized purpose during drought emergencies. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities. Discussed growing threats to electric utilities from wildfires (no legislation). Discussed S. 4628, the Enhancing Mitigation and Building Effective Resilience Act (all provisions). Discussed H.R. 8160, the Breaking Irresponsible Energy and Commercial Habitats Act (all provisions). Discussed H.R. 8161, the Electric Ratepayer Funding Alternative Act (all provisions). Discussed H.R. 8159, the Abandoning Inconsistent and Rash Environmental Solutions Act (all provisions). Discussed H.R. 8156, the Queries Act (all provisions).
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, SENATE, Treasury, Dept of
Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent DOE from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed support for S. 3627, the Distribution Transformer Efficiency and Supply Chain Reliability Act of 2024 (all provisions). Discussed the need for the FAQS for the Fiscal Years 2022-2023 Funding Cycle for the Department of Energy's Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107) to be clarified regarding eligibility for joint action agencies. Discussed support for DOE's GRIP Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed ways to improve DOE outreach to smaller and rural utilities. Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act (all provisions). Discussed S. 1521, the Community & Hydropower Improvement Act (all provisions). Discussed support for S. 2994, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed H.R. 6185, the Guaranteeing Reliable Infrastructure Development (GRID) Act (all provisions). Discussed H.R. 5551/S. 2827, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed H.R. 6747, the Clean Electricity and Transmission Acceleration Act of 2023 (CETA), to direct FERC to determine the existing electricity transfer capacity between regions and to establish minimum levels of transfer capabilities between each region, and to require each transmission planning region to coordinate with its neighbors to plan for the required interregional transmission (all provisions). Discussed making transmission investment tax credits refundable in CETA, direct pay tax credits. Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussed the importance of joint ownership opportunities for public power utilities as new transmission projects are being built. Discussed how it could help reduce transmission costs for customers and build community support for transmission projects. Discussed concerns with amendment 8 to H.R. 7023, the Creating Confidence in Clean Water Permitting Act, which would make it more difficult and costly to permit certain electric transmission projects. Discussed electric transmission costs, planning, and joint ownership, including FERCs Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator Interconnection, (Docket RM21-17). Discussed resource adequacy issues across the U.S. Discussed the development of Western markets. Discussed President Bidens Executive Order to promote the safe, secure, and trustworthy development and use of artificial intelligence (AI). Discussed the potential use of AI by electric utilities. Discussed the National Cyber Incident Response Plan. Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort. Also discussed concerns with how the federal permitting process is slowing the ability of NTUA and volunteers to connect additional Navajo Nation homes to the electric grid.
Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies to address climate change. Discussed section 242 of H.R. 2811, the Limit, Save, Grow Act of 2023, that would repeal the taxpayer election of payments, in lieu of credits, for specified energy property and production of electricity from certain renewable resources. Discussion of concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed Treasury guidance relating to utility assistance use of funding under section 5001 of the CARES Act (Coronavirus State and Local Fiscal Relief Funds) as amended by the Consolidated Appropriations Act of 2020. Discussed support for H.R. 1837, the Investing in Our Communities Act to reinstate the ability to issue tax-exempt advance refunding bonds (all provisions). Discussed support for S. 1453, the Lifting Our Communities through Advance Liquidity for Infrastructure Act (LOCAL Infrastructure Act), to reinstate the ability to issue tax-exempt advance refunding bonds (all provisions). Discussed support for potential legislation to increase the small-issuer exception from $10 million to $30 million. Discussed concerns with Proposed Rule: Section 45V Credit for Production of Clean Hydrogen; Section 48(a)(15) Election to Treat Clean Hydrogen Production Facilities as Energy Property (88 FR 8920, REG-117631-23 (additionality requirements for clean power used to generate hydrogen).
Discussed support for funding for the Low Income Home Energy Assistance Program in Fiscal Year 2025 Labor, Health, and Human Services Appropriations Act (not yet drafted legislation). Discussed the effects of sequestration under the Budget Control Act and Statutory Pay as You Go Act on public power utilities. Discussed the possible waiver of the sequestration provisions of the Statutory Pay as You Go Act (2 USC 931) as relates to the American Rescue Plan Act (P.L. 117-7). Discussed the Department of Energys Fiscal Year 2024 Budget Request (Volume 3 IE), which requires most funding through DOEs Office of Indian Energy Policy and Programs to be related to the installation of renewable generation.
Discussed general support for the concepts included in draft legislation, the Rural Economic Development Loan Program Collateral Flexibility Act of 2024 and the Conservation Reserve Program Continuity and Rural Infrastructure Act of 2024, to give the U.S. Department of Agriculture more flexibility to accept alternative forms of collateral for the Rural Economic Development Loan & Grant Program and simplifying federal processes around deploying energy infrastructure.
Filing targets: Energy, Dept of, Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, Treasury, Dept of, White House Office
Discussed the public power business model. Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at the Department of Energy (DOE) to address the distribution transformer supply chain crisis. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed draft legislation to raise energy efficiency standards for certain types of distribution transformers. Discussed H.R. 4167, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent the Department of Energy from proposing or enacting new energy efficiency standards for distribution transformers for five years. Discussed support for the Department of Energy Grid Resilience and Innovation Partnerships (GRIP) Program (P.L. 117-58, sections 40101, 40103, and 40107). Discussed ways to improve DOE outreach to smaller and rural utilities. Discussed the importance of ensuring federal agencies tasked with awarding competitive loans and grants funded through the Infrastructure Investment and Jobs Act (P.L. 117-58) and Inflation Reduction Act (P.L. 117-169) are providing smaller utilities with the tools they need to apply for such funding, as well as distributing funding to public power utilities. Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed H.R. 4045, the Hydropower Clean Energy Future Act, and amendments to the legislation. Discussed H.R. 1389, the Guaranteeing Reliable Infrastructure Development (GRID) Act (all provisions). Discussed draft legislation to ensure electric system reliability. Discussed H.R. 5551, the BIG WIRES Act, to give the Federal Energy Regulatory Commission the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed the North American Electric Reliability Corporation conducting a study on interregional transfer capability as directed under the Fiscal Responsibility Act of 2023 (P.L. 118-5). Discussed the Department of Energy's transmission efforts, including its efforts to improve the siting and permitting of transmission and restarting of its program for national interest corridors. Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet emissions reduction goals. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand the Federal Energy Regulatory Commissions jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. Discussion of potential legislation on artificial intelligence (no bill). Discussed the potential use of artificial intelligence by electric utilities. Discussed draft legislation, the Grid Reliability and Integrated Data Act, and the potential impact its provisions could have on public power utilities, if enacted (no bill).
Filing targets: Energy, Dept of, HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), SENATE, White House Office
Discussed the potential impact the Environmental Protection Agencys proposed greenhouse gas rules would have on public power utilities, as well as on affordability and reliability (EPA-HQ-OAR-2023-0072).
Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy (DOE) as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the Cyber Incident Reporting Council report released by the Cybersecurity and Infrastructure Security Agency that outlines steps the federal government should take to streamline its incident reporting regulations. Expressed concerns with H.R. 1160, the Critical Electric Infrastructure Cybersecurity Incident Reporting Act (all provisions). Discussed draft legislation to impose cybersecurity baseline standards on distribution utilities (no bill number). Discussed efforts by DOE and other stakeholders on cybersecurity baselines for distribution utilities. Discussed proposed amendments to S. 2226, the Fiscal Year 2024 National Defense Authorization Act - #312 - assessment of existing large power transformers; #249 - study on energy resilience and reliability posture of military departments; #706 - Federal Information and Security Modernization Act of 2023. Discussed S. 914, the Energy Threat Analysis Center Establishment Act of 2023, to establish an energy threat analysis center within the Department of Energy (all provisions). Discussed S. 934, a bill to amend the DOE Organization Act to assign certain functions to the Assistant Secretaries of Energy relating to energy emergencies and energy security, and for other purposes. Discussed potential problems with the implementation of the Rural and Municipal Utility Grant Program at DOE (Sec. 40124(d)(1)(A) of the Infrastructure Investment and Jobs Act) regarding the provision of technical assistance. Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at DOE to address the distribution transformer supply chain crisis. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed distribution transformer standardization efforts. Discussed efforts to gather further data on distribution transformer shortage. Discussed draft legislation to raise energy efficiency standards for certain types of distribution transformers. Discussed draft legislation, the DOE Appliance and Equipment Standards Reform and Consumer Protection Act. Discussed H.R. 4167/S. 2036, the Protecting Americas Distribution Transformer Supply Chain Act, to prevent the Department of Energy from proposing or enacting new energy efficiency standards for distribution transformers for five years. Expressed concerns with the DOE Grid Resilience and Innovation Partnerships (GRIP) program application requirements, particularly for smaller utilities with limited resources. Provided feedback on how DOE should make the process simpler, more transparent, and provide assistance and support for small and/or rural public power applicants. Discussed public power utilities experiences with applying for Infrastructure Investment and Jobs Act (IIJA) grants, including the GRIP program. Discussion of concerns with domestic content requirements in Infrastructure Investment and Jobs Act (Pub. Law 117-58) and how they make it too difficult for public power utilities to access the grants. Discussed, S. 1521, the Community and Hydropower Improvement Act, and provisions giving tribes mandatory conditioning authority. Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed support for H.R. 4045, the Hydropower Clean Energy Future Act. Discussed support for S. 2994, the Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2023 (all provisions). Discussed draft legislation, the Grid Reliability and Integrated Data Act (all provisions), which could require new and mandatory data collection from utilities, especially smaller utilities. Discussed draft legislation, the BIG WIRES Act, to give the Federal Energy Regulatory Commission the authority to require the expansion of transmission facilities for reliability and establish thresholds for interregional transfer capability (all provisions). Discussed opposition to efforts to reform permitting, siting, and cost allocation processes for electric transmission that significantly expand federal authority or change the beneficiary pays principle (no bill). Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act and changes to the Federal Power Act to expedite the construction of transmission while not saddling public power utilities with transmission costs for which they receive no benefit. Discussed support for provisions in H.R. 1577, the BUILDER Act of 2023, to reform the National Environmental Policy Act, that were also included in H.R. 3746, the Fiscal Responsibility Act (Pub. L. No. 118-5).
Discussed support for H.R. 2672/S. 1180, the FEMA Loan Interest Payment Relief Act (all provisions).
Filing targets: Energy, Dept of, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Office of Management & Budget (OMB), SENATE, Treasury, Dept of, White House Office
Discussed S. 307, the Increasing Competitiveness for American Drones Act of 2023. Discussed support for allowing drones to be used beyond visual-line-of-site for inspections and damage assessments of electric infrastructure. Discussed language on counter-unmanned aerials system authorities previously included in S. 4687, Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022, from the 117th Congress, and the impacts for electric utility usage. Discussed how public power utilities are deploying electric vehicle charging infrastructure in their communities.
Discussed the importance of elective pay refundable energy tax credits for public power investments in clean energy technologies to address climate change. Discussed the implementation of the refundable direct pay tax credit provisions included in the Inflation Reduction Act (P.L. 117-169), including the requirement to meet domestic content rules and the timing of refundable elective pay tax credit elections and returns. Discussed section 242 of H.R. 2811, the Limit, Save, Grow Act of 2023, that would repeal the taxpayer election of payments, in lieu of credits, for specified energy property and production of electricity from certain renewable resources. Discussed the domestic content requirements for elective payment of energy tax credits for Internal Revenue Code section 45 production tax credit (PTC), section 45Y clean electricity PTC, section 48 investment tax credit (ITC), and section 48E clean electricity ITC; and energy community bonus credits created under the Inflation Reduction Act (P.L. 117-169). Discussed the domestic content requirements for Internal Revenue Code (IRC) section 45V(c)(2) definition of clean hydrogen and IRC section 6417 elective payment of energy tax credits (entire provision) created under the Inflation Reduction Act (P.L. 117-169). Discussed the domestic content requirements in the Inflation Reduction Act (IRA) and Build America requirements in the Infrastructure Investment and Job Act, specifically the unique rules that apply to public power and electric cooperatives. Discussed provisions in H.R. 3938, the Build It in America Act, to repeal of clean energy production credit (section 301) and to repeal of clean electricity investment credit (section 302). Discussed the need to restore advance refunding bonds and support for legislation in 117th Congress, the Investing in Our Communities Act (all provisions).
Discussed the need for an extension of time for filing comments with the Environmental Protection Agency (EPA) on its proposed rules to regulate greenhouse gas emissions from power plants. (EPA-HQ-OAR-2023-0072) Discussed how EPAs proposed rule to regulate greenhouse gas emissions from existing power plants would impact existing coal-fired units that are determined as must-run for electric reliability. Discussed the rationale provided by EPA in its proposed rules to regulate greenhouse gas emissions from power plants that carbon capture, utilization, and storage and hydrogen co-firing could be achievable given long lead times for such technologies and permitting hurdles. Discussed EPA's responsibilities under the Small Business Regulatory Flexibility Act responsibilities for regulations that impact small utilities. Expressed the need for EPA to convene Small Business Advocacy Review Panel with small utilities on its proposed rules to regulate greenhouse gas emissions from power plants.
Filing targets: Agriculture, Dept of (USDA), Energy, Dept of, Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, Treasury, Dept of
Provided feedback on the permitting reform provisions in the Transparency and Production of American Energy Act of 2023 (draft legislation), which was folded into H.R. 1, the Lower Energy Costs Act. Provided feedback on the permitting reform provisions in the Builder Act (draft legislation), which was folded into H.R. 1, the Lower Energy Costs Act. Discussed the provisions in H.R. 1, the Lower Energy Costs Act, to reform NEPA and to make it easier to deal with hazard trees near electric infrastructure on federal lands. Discussed opposition to breaching the Lower Snake River Dams. Discussed the need to modernize and renegotiate the Columbia River Treaty. Discussed Council on Environmental Quality mediation on Columbia River System operations (no legislation). Discussed the competitiveness of Bonneville Power Administration rates and how that is impacting new preference customer contracts. Discussed impacts of fish mitigation on Bonneville Power Administration rates. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities. Discussed the problem of rising joint costs assigned by the Army Corps of Engineers to the Power Marketing Administrations and their federal hydropower customers. Discussed declining hydropower production in the West and the potential impacts to grid reliability in the West and power prices for preference customers.
Discussed S. 307, the Increasing Competitiveness for American Drones Act of 2023. Discussed support for allowing drones to be used beyond visual-line-of-site for inspections and damage assessments of electric infrastructure. Discussed legislation from the 117th Congress, the Safeguarding the Homeland from Threats Posed by Unmanned Aircraft Systems Act of 2022 (sections on counter-unmanned aerial systems authorities). Discussed the Charging and Fueling Infrastructure Discretionary Grant Program, including the eligibility of public power utilities. Discussed how public power utilities are deploying electric vehicle charging infrastructure in their communities.
Discussed grid security issues, including implementation of mandatory cyber incident reporting legislation (included in the Consolidated Appropriations Act, 2022 (P.L. 117-103)) by the Department of Homeland Securitys Cybersecurity and Infrastructure Security Administration (DHS CISA) and the need to avoid duplicative or conflicting reporting requirements. Discussed the need for DHS CISA to undertake a careful and deliberative implementation process that takes into account existing reporting mandates and to appropriately tailor reporting mandates commensurate with risk to national security. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed how the federal government should play a greater role in helping electric utilities in assessing vendor cybersecurity practices, such as establishing a federal vendor certification or accreditation program. Discussed concerns with H.R. 1160, the Critical Electric Infrastructure Cybersecurity Incident Reporting Act (all provisions). Discussed draft legislation to direct state public utility commissions to establish cybersecurity baselines for distribution utilities (no bill number). Discussed public powers cybersecurity needs, capabilities, and priorities as the Department of Energy (DOE) works to implement the Rural and Municipal Utility Advanced Cybersecurity Grant Program. Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed efforts at DOE to address the distribution transformer supply chain crisis, including President Bidens declaration to use the Defense Production Act. Discussed concerns with the DOEs proposed energy efficiency standards for distribution transformers (EERE-2019-BT-STD-0018) and how they would worsen the distribution transformer supply chain crisis. Discussed the creation of a transformer manufacturing loan program (no legislation). Discussed need for increased domestic manufacturing of equipment for electric utilities. Discussed FERC-DOE technical conference on supply chain risk management (Docket AD22-12). Discussed the importance of hydropower as a source of renewable energy for public power utilities. Discussed the importance of hydropower for grid reliability. Provided feedback on unintroduced, updated version of legislation from the 117th Congress, the BIG WIRES Act, to give the Federal Energy Regulatory Commission (FERC) the authority to require the expansion of transmission facilities for reliability, among other things (all provisions). Provided feedback on FERC-related bills from the 117th Congress (all provisions): the Interregional Transmission Planning Improvement Act; the Right to Timely Rehearings at FERC Act; the Empowering RTO Stakeholders Act; the Reinforcing the Grid Against Extreme Weather Act; and the Responsive Energy Demand Unlocks Clean Energy (REDUCE) Act. Discussed support for permitting reform to help expedite the construction of energy infrastructure (no bill), including changes to the National Environmental Policy Act (NEPA) and changes to the Federal Power Act to expedite the construction of transmission while not saddling public power utilities with transmission costs for which they receive no benefit. Discussed the provisions in H.R. 1, the Lower Energy Costs Act, to reform NEPA and to make it easier to deal with hazard trees near electric infrastructure on federal lands. Discussed the development of an energy market in the West. Discussed the importance of the Low Income Home Energy Assistance Program and potential ways to strengthen the program. Discussed implementation of the Infrastructure Investment and Jobs Act (P.L. 117-58) and how funding for electric vehicle charging infrastructure, grid resilience, cybersecurity, and clean energy technologies will benefit public power utilities. Discussed concerns with the DOEs draft guidance to implement section 247 (Maintaining and Enhancing Hydroelectric Incentives) in the Infrastructure Investment and Jobs Act (P.L. 117-58). Discussed the public power business model. Discussed generation resource adequacy and the pace of electric industry change. Discussed transmission planning issues (FERC RM21-17). Discussed reliability and physical security issues (FERC Docket Nos. RD22-3; RD22-4; and RM22-12). Discussed California natural gas price spike concerns.
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Intl Trade Administration (ITA), Labor, Dept of (DOL), Natl Security Council (NSC), Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT), Treasury, Dept of
Discussed the importance of direct pay refundable energy tax credits for public power investments in clean energy technologies to address climate change. Discussed support for the provisions in H.R. 5376, the Build Back Better Act, to make refundable, direct pay energy tax credits available to public power utilities - subtitle F, parts 1 (Renewable Electricity and Reducing Carbon Emissions) and 8 (Incentives for Clean Electricity and Transportation). Discussed S. 986, the Carbon Capture, Utilization, and Storage Tax Credit Amendments Act of 2021 (direct pay provision). Discussed the need to restore advance refunding bonds and support for H.R. 2288, the Investing in Our Communities Act, and S. 479, the LOCAL Infrastructure Act. Discussed the need to increase the small-issuer exception. Discussed support for H.R. 2634, the Local Infrastructure Financing Tools Act (provision to increase the small-issuer exception). Discussed S. 1308, the American Bond Infrastructure Act, that would reinstate the ability to issue taxable direct payment bonds similar to Build America Bonds.
Discussed grid security issues, including implementation of the mandatory cyber incident reporting legislation (included in the Consolidated Appropriations Act, 2022 (H.R. 2471)) by the Department of Homeland Securitys Cybersecurity and Infrastructure Security Agency (DHS CISA) and the need to avoid duplicative or conflicting reporting requirements. Discussed the need for DHS CISA to undertake a careful and deliberative implementation process that takes into account existing reporting mandates and to appropriately tailor reporting mandates commensurate with risk to national security. Discussed draft legislation to establish cybersecurity baselines for distribution utilities. Discussed APPAs cooperative agreement with the Department of Energy (DE-OE-0000811), Improving the Cyber Resiliency and Security Posture of Public Power, and how APPA used the funding to work with its members to improve their cyber hygiene. Discussed APPA's cooperative agreement with the Department of Energy (DE-CR0000007) and how APPA will use funding to help its members develop and deploy active cyber defense on public power operational technology networks. Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed the impact the distribution transformer shortage could have on restoring power after hurricanes. Discussed support for Department of Energy temporarily waiving distribution transformer energy efficiency standards to help spread raw steel materials and increase production volumes. Discussed how the Department of Energy will carry out Defense Production Act-related activities to accelerate domestic production of key technologies, strengthen U.S. power grid reliability, and deploy clean energy. Discussed the strategic transformer reserve provision in section 20301 of H.R. 4521, the America COMPETES Act of 2022. Discussed support for the Infrastructure Investment and Jobs Act (P.L. 117-58) and how it will help public power utilities make clean energy investments. Provided feedback on draft legislation, Leveraging our Water and Energy Data to Reduce (LOWER) Energy Bills Act (no bill number), and draft legislation to establish a National Model Building Performance Standard (no bill number). Provided feedback on draft legislation, the BIDIRECTIONAL Act, to promote vehicle-to-grid technologies. Discussed draft legislation to prohibit the shutoff of electric service during extreme weather events. Discussed the need for the reliable delivery of natural gas for electricity generation. Discussed H.R. 5749, the Gas Consumer Emergency Market Protection Act, and H.R. 6084, the Energy Product Reliability Act. Discussed transmission issues, including inter-regional transmission planning, cost allocation, siting, and permitting. Also discussed rising transmission costs for public power utilities and the need for joint ownership of transmission by public power utilities. In addition, discussed issues with the interconnection queue in certain regional transmission markets. Provided feedback on draft legislation, the BIG WIRES Act, to give the Federal Energy Regulatory Commission the authority to require the expansion of transmission facilities for reliability, among other things. Discussed the need for permitting reform to enable the siting and construction of energy infrastructure. Provided feedback on the transmission provisions in the Energy Independence and Security Act of 2022 (no bill number). Discussed the Federal Energy Regulatory Commissions (FERC) proposed directive to the North American Electric Reliability Corporation (NERC) to address concerns pertaining to transmission system planning for extreme heat or cold weather events that impact the reliable operation of the Bulk-Power System (RM-22-10). Discussed the cost management proposal in FERCs Notice of Proposed Rulemaking on Transmission Planning (RM-21-17). Discussed FERC regulation of public power utilities.
Discussed opposition to breaching the Lower Snake River Dams. Discussed support for S. 3719, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed draft legislation to make changes to the National Environmental Policy Act to facilitate electric transmission siting. Discussed H.R. 9087, the Transparency and Production (TAP) of American Energy Act.
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, SENATE
Discussed concerns with a draft letter to FERC on demand charges for electric vehicle (EV) chargers. Discussed electric utilities role in EV charger deployment, including the ability for the electric industry to handle new demand and the importance of working with utilities to right-size projects. Provided feedback on draft legislation on electric school buses and vehicle-to-grid charging technology. Discussed upcoming federal guidance for the National Electric Vehicle Infrastructure (NEVI) formula funding program and public power EV efforts.
Advocated for the President to take actions to modernize the Columbia River Treaty (focus on hydropower). Discussed status of the Columbia River Treaty negotiations. Discussed support for S. 4232, a bill to address the recovery of certain costs with respect to certain Reclamation facilities in the Colorado River Basin. Discussed support for amendment to S. 4137, the Water Resources Development Act of 2022, to clarify that Congress did not intend for funding provided to the Army Corps of Engineers in the Infrastructure Investment and Jobs Act (PL 117-58) and from the Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43) to be paid back by federal hydropower customers. Discussed support for amendment to H.R. 7776, the Water Resources Development Act of 2022, to clarify that Congress did not intend for funding provided to the Army Corps of Engineers in the Infrastructure Investment and Jobs Act (PL 117-58) and from the Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43) to be paid back by federal hydropower customers. Discussed the importance of hydropower (federal and non-federal) and the need for licensing and relicensing reform. Discussed opposition to breaching the Lower Snake River Dams. Discussed S. 3719, the Southwestern Power Administration Fund Establishment Act (all provisions). Discussed federal hydropower issues, including the impact of drought on hydropower production from federal dams, markets, rates, and finances. Discussed the anticipated increased costs to federal hydropower customers resulting from supplemental provided to the Army Corps of Engineers in the Infrastructure Investment and Jobs Act (P.L. 117-58) and from P.L. 117-43, the Extending Government Funding and Delivering Emergency Assistance Act. Discussed potential legislation to make changes to the National Environmental Policy Act to facilitate electric transmission siting.
Filing targets: Army, Dept of (Corps of Engineers), Council on Environmental Quality (CEQ), Energy, Dept of, Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Natl Economic Council (NEC), SENATE, White House Office
Discussed the importance of nuclear power and the importance of the nuclear provisions included in the Energy Act of 2020.
Discussed concerns with the Federal Communication Commission's 6 GHz Report and Order (Docket/RM: 18-295, 17-183 -- Unlicensed Use of the 6 GHz Band; Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 24 GHz) and efforts to allow more unlicensed devices to operate in the spectrum band used for critical infrastructure communications. Discussed how electric utilities are using broadband technologies. Discussed the exemption in Section 224 of the Communications Act that precludes Federal Communications Commission (FCC) regulation of public power pole attachments. Expressed opposition to any attempt to repeal or weaken the exemption.
Discussed the implementation of provisions in H.R. 3684, the Infrastructure Investment and Jobs Act, to provide grants to public power utilities and other entities to deploy charging infrastructure along designated corridors on the National Highway System. Discussed what public power is doing to enable electric vehicles (EVs), including support for federal incentives included in H.R. 3684, the Infrastructure Investment and Jobs Act, and the ability of public power utilities to have access to those incentives. Discussed the role of public power utilities in helping deploy EV charging infrastructure. Also discussed public power EV rebate programs and EV fleet programs. In addition, discussed the need for flexibility and local decision making in the deployment of charging infrastructure and the importance of electric utility involvement in such deployment to ensure reliability. Discussed role of electric utilities in National Electric Vehicle Infrastructure (NEVI) program, including the need for engagement with utilities on state plans and siting decisions and the potential for federal funding to cover EV "make-ready" costs that would otherwise be borne by utility or site host. Discussed the use of drones by electric utilities for operations.
Discussed bills to require cyber incident reporting by critical infrastructure sectors to the federal government - S. 2875, the Cyber Incident Reporting Act of 2021 (all provisions); H.R. 5440, the Cyber Incident Reporting for Critical Infrastructure Act of 2021 (all provisions); S. 2407, the Cyber Incident Notification Act of 2021 (all provisions); S. 3600, the Strengthening American Cybersecurity Act (all provisions); and H.R. 2471, the Consolidated Appropriations Act of 2022 (cyber incident reporting provision in Division Y - this was eventually signed into law). Discussed implementation of cyber incident reporting legislation included in the Consolidated Appropriations Act, 2022 (H.R. 2471). Discussed the importance of protecting the role of the Department of Energy (DOE) as the energy sectors risk management agency. Discussed comments APPA filed with DOE to its Request for Information, entitled Energy Sector Supply Chain Review. Discussed industry-wide transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed the strategic transformer reserve provision in section 20301 of H.R. 4521, the America COMPETES Act of 2022. Discussed several DOE grants APPA has received to support the cybersecurity posture of public power utilities, as well as to deploy cyber and cyber-physical solutions for public power utilities. Discussed public power utilities' efforts to transition to cleaner energy technologies, efforts to advance electrification, and modernize the grid. Discussed challenges public power utilities face in these efforts; and how programs in the Infrastructure Investment and Jobs Act could be helpful to public power utilities in their efforts. Discussed DOE's Notice of Intent (NOI) on Building a Better Grid Initiative To Upgrade and Expand the Nation's Electric Transmission Grid To Support Resilience, Reliability, and Decarbonization, which seeks to implement provisions from the Infrastructure Investment and Jobs Act, including the transmission needs study, the Transmission Facilitation Program, transmission corridor authority, and resiliency programs. Discussed implementation of the provisions in the Infrastructure Investment and Jobs Act by DOE on grid modernization, cybersecurity, resilience, and electric vehicles (EVs) (in coordination with the Department of Transportation (DOT)). Discussed implementation by DOE of provisions in H.R. 3684, the Infrastructure Investment and Jobs Act, that would be helpful to public power utilities, including provisions on cybersecurity, grid modernization, resilience, and the deployment of EV charging infrastructure (in conjunction with the DOT) (sections 11401, 40101, 40107, 40121, 40123, and 40124) and public powers transition to cleaner energy resources. Discussed the implementation of provisions in H.R. 3684, the Infrastructure Investment and Jobs Act, to provide grants to public power utilities and other entities to deploy charging infrastructure along designated corridors on the National Highway System. Discussed what public power is doing to enable EVs, including support for federal incentives included in H.R. 3684, the Infrastructure Investment and Jobs Act, and the ability of public power utilities to have access to those incentives. Discussed the role of public power utilities in helping deploy EV charging infrastructure. Also discussed public power EV rebate programs and EV fleet programs. In addition, discussed the need for flexibility and local decision making in the deployment of charging infrastructure and the importance of electric utility involvement in such deployment to ensure reliability. Discussed role of electric utilities in National Electric Vehicle Infrastructure (NEVI) program, including the need for engagement with utilities on state plans and siting decisions and the potential for federal funding to cover EV "make-ready" costs that would otherwise be borne by utility or site host. Discussed support for the inclusion of language in the Infrastructure Investment and Jobs Act to increase the Bonneville Power Administrations borrowing authority. Discussed support for the RD&D provisions in the Infrastructure Investment and Jobs Act to promote hydrogen, carbon capture and storage, and energy storage technologies. Discussed support for clean energy and research and development provisions in the Energy Act of 2020 (Division Z of H.R. 133, the Consolidated Appropriations Act, 2021). Discussed the importance of hydropower as an electricity resource for public power utilities and support for modernizing the hydropower licensing and relicensing process, including support for H.R. 1588, the Hydropower Clean Energy Future Act. Discussed the need for the reliable delivery of natural gas for electricity generation. Provided feedback on H.R. 5749, the Gas Consumer Emergency Market Protection Act (all provisions). Discussed natural gas futures price spike and impact to some public power utilities. Provided feedback on potential a Federal Energy Regulatory Commission (FERC)-related bill, on regional transmission organizations, joint ownership of transmission, the need for regulatory reform on federal transmission siting, and the streamlining of hydropower relicensing process. Discussed transmission issues, including inter-regional transmission planning, cost allocation, siting, and permitting. Also discussed rising transmission costs for public power utilities and the need for joint ownership of transmission by public power utilities. In addition, discussed issues with the interconnection queue in certain regional transmission markets. Discussed support for siting and permitting reform to enable the construction of clean energy infrastructure, including transmission.
Discussed public powers concerns with the Clean Electricity Performance Program (CEPP) included in H.R. 5376, the Build Back Better Act, to require electric utilities to increase their percentage of clean electricity and the likely inability of many public power utilities to meet the annual compliance obligations. Discussed public powers support for legislation to address climate change, including potential legislation to create a clean energy standard and what such legislation would need to include to ensure electricity remains affordable, reliable, and sustainable. Discussed support for a new statutory framework for reducing greenhouse gas (GHG) emissions to address climate change. Discussed what public power utilities are doing to reduce their GHG emissions. Discussed policy considerations the Environmental Protection Agency (EPA) should take into account when developing its proposed rule to regulate GHG emissions from the power sector (RIN No. 2060-AV10; rules on Reciprocating Internal Combustion Engines; environmental justice activities, and Cross-State Air Pollution Rule Update (EPA-HQ-OAR-2020-0272)). Discussed how EPA should approach designing and harmonizing its rules to facilitate the clean energy transition to technologies that will benefit the countrys public health and environment (RIN No. 2060-AV10; rules on Reciprocating Internal Combustion Engines; environmental justice activities, and Cross-State Air Pollution Rule Update (EPA-HQ-OAR-2020-0272)). Discussed what federal agencies EPA should coordinate with as it develops regulations for the power sector (RIN No. 2060-AV10; rules on Reciprocating Internal Combustion Engines; environmental justice activities, and Cross-State Air Pollution Rule Update (EPA-HQ-OAR-2020-0272)). Discussed Environmental Protection Agency (EPA) docket EPA-HQ-OW-2021-0602 on the Revised Definition of Waters of the United States - Rule 1 and its potential impact on public power utilities. Discussed H.R. 4143, the Clean Energy Future Through Innovation Act - provisions to create a federal clean energy standard.
Filing targets: Commodity Futures Trading Commission (CFTC), Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, SENATE, Transportation, Dept of (DOT)
Discussed the role of public power utilities in helping deploy electric (EV) charging infrastructure. Also discussed public power EV rebate programs and EV fleet programs. In addition, discussed the need for flexibility and local decision making in the deployment of charging infrastructure and the importance of electric utility involvement in such deployment to ensure reliability. Discussed the implementation of provisions in H.R. 3684, the Infrastructure Investment and Jobs Act, to provide grants to public power utilities and other entities to deploy charging infrastructure along designated corridors on the National Highway System.
Discussed the potential impact of vaccine mandates on the Power Marketing Administrations and public power utilities (Executive Order #14043, Requiring Coronavirus Disease 2019 Vaccination for Federal Employees, and OSHA Emergency Temporary Standard 2021-007). Provided feedback on S. 2407, the Cyber Incident Notification Act of 2021. Provided feedback on S. 2875, the Cyber Incident Reporting Act of 2021, and H.R. 5440, the Cyber Incident Reporting for Critical Infrastructure Act of 2021 (all provisions). Discussed cybersecurity-related provisions in S. 1605, the Fiscal Year 2022 National Defense Authorization Act (i.e., on cyber incident reporting language and language on defense critical electric infrastructure). Discussed the importance of grid resilience and the role of the Electric Subsector Coordinating Council. Discussed implementation of provisions in H.R. 3684, the Infrastructure Investment and Jobs Act, that would be helpful to public power utilities, including provisions on cybersecurity, the deployment of EV charging infrastructure, and their transition to cleaner energy resources (sections 11401, 40101, 40107, 40121). Discussed barriers to public power utilities deploying renewables and policies that would be helpful for removing such barriers, such as providing public power utilities with various energy-related tax credits and money for research, development, and demonstration of emerging clean technologies. Discussed how public power utilities are enabling community solar projects. Discussed support for the inclusion of language in H.R. 3684, the Infrastructure Investment and Jobs Act, to move the Southwestern Power Administration to a self-financing model. Discussed the role of public power utilities in helping deploy electric vehicle (EV) charging infrastructure. Also discussed public power EV rebate programs and EV fleet programs. In addition, discussed the need for flexibility and local decision making in the deployment of charging infrastructure and the importance of electric utility involvement in such deployment to ensure reliability. Discussed the implementation of provisions in H.R. 3684, the Infrastructure Investment and Jobs Act, to provide grants to public power utilities and other entities to deploy charging infrastructure along designated corridors on the National Highway System. Discussed transmission issues, including inter-regional transmission planning, cost allocation, siting, and permitting. Also discussed rising transmission costs for public power utilities and the need for joint ownership of transmission by public power utilities. In addition, discussed issues with the interconnection queue in certain regional transmission markets. Discussed draft legislation to address natural gas prices, the Gas Consumer Emergency Protection Act. Discussed recommendations in the Federal Energy Regulatory Commission-North American Electric Reliability Corporation report entitled, The February 2021 Cold Weather Outages in Texas and the South Central United States.
Filing targets: Council on Environmental Quality (CEQ), Energy, Dept of, Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Natl Economic Council (NEC), Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT), Treasury, Dept of, White House Office
Discussed the role of public power utilities in helping deploy electric vehicle (EV) charging infrastructure. Also discussed public power EV rebate programs and EV fleet programs. Discussed support for language in infrastructure legislation to provide grants to public power utilities and other entities to deploy charging infrastructure along designated corridors on the National Highway System. Expressed opposition to the potential inclusion of language in H.R. 3684, the INVEST Act, that would limit electric utilities role in the deployment of EV charging infrastructure.
Discussed cybersecurity-related amendments to S. 2377, the Energy Infrastructure Act, and potential impact to public power. Discussed support for H.R. 2931, the Enhancing Grid Security Through Public-Private Partnerships Act. Discussed S. 2483, the Improving Cybersecurity of Small Organizations Act. Discussed the NCS 100-Day Industrial Control Systems (ICS) Cybersecurity Initiative. Discussed concerns with the mandatory reporting mandates in S. 2407, the Cyber Incident Notification Act of 2021. Provided feedback on S. 2875, the Cyber Incident Reporting Act of 2021, and H.R. 5449, the Cyber Incident Reporting for Critical Infrastructure Act of 2021 (all provisions). Discussed the cybersecurity provisions in H.R. 3684, the Infrastructure Investments and Jobs Act, including support for information disclosure protection provisions and additional funding to the Department of Energy (DOE) for grants to public power utilities for cyber programs (Senate version). Provided feedback on provisions of interest to public power utilities in the Energy Infrastructure Act (discussion draft), which eventually became S. 2377 (electric vehicles (EVs), clean energy technologies, grid resilience, hydropower, and wildfire mitigation). Expressed opposition to the inclusion of the text of H.R. 4027, the Efficient Grid Interconnection Act, as an amendment to S. 2377, the Energy Infrastructure Act. Also opposed an amendment to the legislation that would make changes to the Federal Power Act to change the interstate transmission siting process. Discussed amendment by Senator Mark Kelly on the purchase of energy generated by Indian tribes or tribal energy development organizations by federal Power Marketing Administrations to S. 2377, the Energy Infrastructure Act. Discussed support for provisions in H.R. 3684, the Infrastructure Investment and Jobs Act, that would be helpful to public power utilities, including provisions on cybersecurity, the deployment of EV charging infrastructure, and their transition to cleaner energy resources (sections 11401, 40101, 40107, 40121). Discussed language in H.R. 3684, the Infrastructure Investment and Jobs Act, to allow the use of private activity bonds to finance carbon capture facilities. Discussed support for an amendment to H.R. 3684, the Infrastructure Investment and Jobs Act, to move the Southwestern Power Administration to a self-financing model. Discussed the H.R. 4326, the EV Map Act and support for the legislation. Discussed the role of public power utilities in helping deploy EV charging infrastructure. Also discussed public power EV rebate programs and EV fleet programs. Discussed support for language in infrastructure legislation to provide grants to public power utilities and other entities to deploy charging infrastructure along designated corridors on the National Highway System. Discussed opposition to amendments offered, but not made in order, to H.R. 3684, the INVEST Act, that would limit electric utilities role in the deployment of EV charging infrastructure (House version of legislation). Discussed transmission issues, including interregional transmission planning, cost allocation, siting, and permitting. Also discussed rising transmission costs for public power utilities and the need for joint ownership of transmission by public power utilities. Provided feedback on transmission provisions in H.R. 1512, the CLEAN Future Act. Discussed hydropower-related amendments to S. 2377, the Energy Infrastructure Act, to ensure that dam removal provisions do not apply to federal hydropower dams.
Discussed efforts in the House to develop a Clean Electricity Performance Program (CEPP) to require electric utilities to increase their percentage of clean electricity. Discussed concerns with the impact of the CEPP, as included in the House Energy & Commerce Committee portion of the Build Back Better Act (eventually H.R. 5376), would have on public power utilities. Discussed the potential for a clean energy standard with a national goal of 80 or 100 percent clean electricity by 2030 or 2035 to result in stranded assets for public power utilities. Discussed public powers support for legislation to address climate change, including potential legislation to create a clean energy standard and what such legislation would need to include to ensure electricity remains affordable, reliable, and sustainable. Discussed what public power utilities are doing to reduce their greenhouse gas (GHG) emissions. Discussed the need for the federal government to provide robust support for research, development, and demonstration of technologies needed to reduce GHG emissions. Discussed diversity, equity, and inclusion activities by public power utilities. Discussed potential environmental justice provisions that could be included in the Build Back Better Act (portion of bill developed by the House Energy & Commerce Committee). Discussed Environmental Protection Agency (EPA) docket EPA-HQ-OAR-2018-0794) on National Emission Standards for Hazardous Air Pollutants (NESHAP): Coal- and Oil-Fired Electric Utility Steam Generating Units - Reconsideration of Supplemental Cost Finding and Residual Risk and Technology Review. Discussed EPA Docket on Stream Electric Effluent Limitation Guidelines - Notice of Rulemaking Initiative: FLR 8794-04-OW. Discussed EPA Dockets (EPA-HQ-OLEM-2019-0173 and EPA-HQ-RCRA-2009-0640) on implementation of the Coal Combustion Residuals rule and closure in place/closure by removal options and techniques.
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), SENATE, Treasury, Dept of, White House Office
Discussed potential legislation to provide a investment tax credit for transmission facilities. Discussed potential legislation to incentivize the privatization of public assets. Discussed draft version of the Energy Sector Innovation Tax Credit - provisions related to the transfer of credits by certain public entities. Discussed the availability of energy-related production and investment tax credits to public power utilities under section 45 and 48 of the U.S. Code. Discussed the need for comparable incentives for various energy-related tax credits for public power utilities. Discussed S. 292, the Clean Energy for America Act - provisions relating to direct payment bonds and refundable direct payment tax credit for public power utilities. Also discussed the EV tax credit provisions and the definition of public power. Discussed support for an amendment to S. 2119, the Clean Energy for America Act, on tax credits for hydropower. Provided feedback and support for technical changes to S. 2306, the Maintaining and Enhancing River Restoration Act of 2021. Discussed direct pay provisions for tribes and the definition of governmental entities as taxpayers in the draft and introduced versions of H.R. 848, the Growing Renewable Energy and Efficiency Now (GREEN) Act. Also discussed provisions on tax credit normalization. Discussed legislation from the 116th Congress (H.R. 5409, the Incentivizing New and Valuable Energy Storage Technology Act) to provide a tax credit for energy storage and the need for it to be available to public power utilities. Discussed H.R. 3180, the Renewable Energy Investment Act - specifically refundable direct payment tax credits for public power utilities. Discussed the need to restore advance refunding bonds and support for H.R. 2288, the Investing in Our Communities Act, and S. 479, the LOCAL Infrastructure Act). Discussed the need to increase the small-issuer exception. Discussed H.R. 2634, the Local Infrastructure Financing Tools Act - provisions on increasing the small-issuer exception, to restore advance refunding bonds, and the use of direct payment bond proceeds for purchase power agreements. Provided feedback on H.R. 2482, the Microgrid Act. Discussed provisions to extend the tax credit to public power utilities, definition of qualifying equipment, and interconnection fees. Discussed support for legislation to increase the value of the 45Q tax credit for carbon capture utilization and storage technologies. Discussed the need to ease certain private-use restrictions on municipal bonds.
Discussed potential cybersecurity legislation to require incident reporting, systemically important infrastructure, and other proposals from the Cyberspace Solarium Commission. Provided feedback on draft legislation (no bill number). Discussed concerns with potential efforts to impose additional mandatory reporting requirements on electric utilities regarding grid security. Discussed support for H.R. 2931, the Enhancing Grid Security Through Public-Private Partnerships Act. Discussed draft legislation regarding ransomware. Discussed how the Department of Energy (DOE) is approaching energy sector supply chain security, including DOEs Request for Information (RFI) to replace the Executive Order on the Bulk Power System (EO 13920). Discussed the electric utility industry's efforts to protect the grid and its close work with the federal government on cyber and physical security through the Electricity Subsector Coordinating Council. Discussed existing, mandatory and enforceable reporting standards for electric utilities. Discussed the NCS 100-Day Industrial Control Systems (ICS) Cybersecurity Initiative. Discussed concerns with the draft Warner/Rubio cyber incident reporting legislation, including opposition to mandatory reporting mandates. Discussed concerns with provisions to direct the Federal Energy Regulatory Commission (FERC) to issue a rulemaking on rate incentives for advanced cybersecurity technology. Discussed support for H.R. 2928/S. 2199, the Cybersense Act of 2021. Discussed support for H.R. 3119, the Energy Emergency Leadership Act. Discussed threats from ransomware and potential solutions (no bill number). Discussed H.R. 1833, the Department of Homeland Security ICS Enhancement Act. Discussed the cybersecurity provisions in the Energy Infrastructure Act (no bill number), including support for information disclosure protection provisions and additional funding to DOE for grants to public power utilities for cyber programs. Discussed APPA response to DOEs RFI on Energy Sector Supply Chain Security. Discussed support for an amendment offered to S. 1260, the U.S. Competition and Innovation Act, to clarify that the Department of Homeland Security (DHS) must coordinate with DOE during cyber events affecting the electric sector. Also discussed potential amendments to the bill on electric sector related issues. Discussed support for amending S. 1316, the Cyber Response and Recovery Act, to ensure DHS coordinates with DOE during cyber events affecting the electric sector. Discussed support for DOE funding public power resiliency grants (no bill number). Discussed APPAs cooperative agreement with the Department of Energy (DE-OE-0000811), Improving the Cyber Resiliency and Security Posture of Public Power, and how APPA used the funding to work with its members to improve their cyber hygiene. Discussed APPA's cooperative agreement with the Department of Energy (DE-CR0000007) and how APPA will use funding to help its members develop and deploy active cyber defense on public power operational technology networks. Discussed derivatives of DOEs Cybersecurity Capability Maturity Model (C2M2). Discussed need for Congress to look into FEMAs denial of public assistance for control room sequestration during the COVID-19 pandemic. Discussed APPA Light Up Navajo Project to provide electric service to Navajo Nation families by using mutual aid from public power utilities to build the infrastructure needed to provide service. Discussed community solar issues and possible legislation to spur community solar. Also discussed concerns with creating a must-consider requirement section 111 of the Public Utility Regulatory Policies Act (PURPA) for community solar. Discussed details on the National Community Solar Partnership and provided examples of public power utilities with community solar projects. Discussed potential legislation promote demand response programs by electric utilities. Discussed work being done by public power utilities on green hydrogen. Also discussed work APPA did with Berkeley Lawrence National Laboratory on community solar. Discussed potential energy-related provisions that could be included in an infrastructure package, including ones on transmission and promoting clean energy technologies. Discussed the role of public power utilities in helping deploy electric vehicle (EV) charging infrastructure. Also discussed public power EV rebate programs and EV fleet programs. Discussed support for language in infrastructure legislation to provide grants to public power utilities and other entities to deploy charging infrastructure along designated corridors on the National Highway System. Provided feedback on EV provisions in H.R. 1512, the CLEAN Future Act. Expressed opposition to the potential inclusion of language in H.R. 3684, the INVEST Act, that would limit electric utilities role in the deployment of EV charging infrastructure. Discussed transmission issues, including interregional transmission planning, cost allocation, siting, and permitting. Also discussed the need for joint ownership of transmission by public power utilities. Provided feedback on H.R. 2678, the Interregional Transmission Planning Improvement Act. Noted concerns about costs, cost allocation, and firm transmission rights. Discussed concerns with H.R. 616, Emergency Water Is a Human Rights Act. Discussed calls by former FERC Commissioners to have FERC mandate all electric utilities participate in regional transmission organizations. Discussed initiative on transmission by the National Association of Regulatory Utility Commissioners. Discussed revisions to National Electric Reliability Corporation (NERC) reliability standard BAL-003. Also discussed low impact assets under NERC standard CIP-002. Discussed provisions in H.R. 1848, the LIFT America Act, on EVs, transmission, and distributed energy resources. Discussed potential hydropower-related provisions in draft infrastructure legislation.
Discussed the role of public power utilities in helping deploy electric vehicle (EV) charging infrastructure. Also discussed public power EV rebate programs and EV fleet programs. Discussed support for language in infrastructure legislation to provide grants to public power utilities and other entities to deploy charging infrastructure along designated corridors on the National Highway System. Expressed opposition to the potential inclusion of language in H.R. 3684, the INVEST Act, that would limit electric utilities role in the deployment of EV charging infrastructure.
Filing targets: Agriculture, Dept of (USDA), Council on Environmental Quality (CEQ), Energy, Dept of, Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, SENATE, White House Office
Discussed efforts by public power utilities to help with electric vehicle (EV) deployment, including the deployment of charging infrastructure. Discussed support for the inclusion of the Clean Corridors Act (S. 674 in the 116th Congress) in infrastructure legislation. Discussed support for policies that allow public power utilities to help deploy electric vehicle charging infrastructure.
Discussed draft version of the Energy Sector Innovation Tax Credit - provisions related to the transfer of credits by certain public entities. Discussed the availability of energy-related production and investment tax credits to public power utilities under section 45 and 48 26 of the U.S. Code. Discussed draft version of the Clean Energy for America Act - provisions relating to direct payment bonds. Discussed draft legislation to provide a tax credit for energy storage and the need for it to be available to public power utilities. Discussed direct pay provisions for tribes and the definition of governmental entities as taxpayers in the draft and introduced versions of H.R. 848, the Growing Renewable Energy and Efficiency Now (GREEN) Act. Discussed the need for comparable incentives for various energy-related tax credits for public power utilities. Discussed the need to restore advance refunding bonds (referenced support for legislation from the 116th Congress, H.R. 2722, the Investing in Our Communities Act, and S. 479, the LOCAL Infrastructure Act). Discussed the need to increase the small-issuer exception. Provided feedback on draft legislation, the Microgrid Resilience Tax Credit Act. Discussed provisions to extend the tax credit to public power utilities. Discussed the provision in draft legislation, the Promoting Sustainable Energy Projects for Tribal Communities Act, related to tax return needed to be filed to claim credits. Discussed the need to make the energy storage tax credit available to public power utilities in the draft version of the Incentivizing New and Valuable Energy Storage Technology Act. Discussed support for the Driving America Forward Act (S. 1094 from the 116th Congress).
Discussed H.R. 7516, the Clean Energy Innovation and Deployment Act, all provisions, from the 116th Congress. Discussed H.R. 1512, the CLEAN Future Act, all provisions. Discussed climate policy, including APPAs support for federal legislation to address the issue. Discussed potential climate-related provisions that could be included in infrastructure legislation, including a clean energy standard and carbon tax. Discussed what public power utilities are doing to reduce their greenhouse gas emissions. Discussed impacts of the Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (EPA-HQ-OW-2009-0819) and Revised Definition of Waters of the U.S. (EPA-HQ-OW-2009-0149) on public power utilities.
Discussed S. 4897, the American Nuclear Infrastructure Act from the 116th Congress. Discussed concerns with draft legislation to create a small business energy efficiency grant program.
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Natl Security Council (NSC), SENATE, White House Office
Discussed allowing governmental entities, including public power utilities, to receive employer payroll tax credit for emergency paid sick leave and paid family leave in PL 116-227, the Families First Coronavirus Relief Act. Discussed H.R. 5523, the Energy Sector Innovation Tax Credit - provisions related to transfer of credit by certain public entities. Provided feedback on provisions regarding the release of annual Energy Information Administration data and impact on what tier of credit a project would qualify for. Discussed H.R. 7734/S. 4290, the Building Businesses Back Act of 2020 - provisions related making business-related tax credits refundable. Discussed provisions making energy tax credits refundable in H.R. 7330, the Growing Renewable Energy and Efficiency Now (GREEN) Act, and H.R. 2, the Moving Forward Act. Discussed extending expiring tax credits in H.R. 133, the Consolidated Appropriations Act, 2021. Discussed draft legislation to provide that certain retail utility contracts do not constitute private business use of tax-exempt bond proceeds. Discussed need for comparable incentives for various energy-related tax credits for public power utilities.
Discussed support for nuclear power and the need for advanced nuclear reactors.
Filing targets: Energy, Dept of, Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Interior, Dept of (DOI), SENATE
Discussed S. 3688, Energy Infrastructure Protection Ac of 2020. Discussed S. 4795, the Cyber Sense Act. Expressed support for House consideration of H.R. 359, the Enhancing Grid Security through Public-Private Partnerships Act; H.R. 360, the Cyber Sense Act of 2020; and H.R. 362, the Energy Emergency Leadership Act. Discussed the electric utility industry's efforts to protect the grid and its close work with the federal government on cyber and physical security through the Electricity Subsector Coordinating Council. Discussed support for potential Crow amendment to the Fiscal Year 2021 National Defense Authorization Act (NDAA) on defense critical electric infrastructure (H.R. 6395). Discussed opposition to the Richmond amendment to the House NDAA bill that would require mandatory cyber incident reporting. Discussed support for Bacon amendment to the House NDAA bill to protect facilities with defense critical electric infrastructure. Discussed King amendment on cyber exercise to the Senate National Defense Authorization Act for Fiscal Year 2021 (S. 4049). Discussed efforts by the electric utility sector to ensure electric service during the COVID-19 pandemic, including efforts undertaken to protect utility workers, obtain testing for key utility personnel, and the need for personal protective equipment for key utility personnel. Also discussed contact tracing for utilities. Discussed APPAs cooperative agreement with the Department of Energy (DE-OE-0000811), Improving the Cyber Resiliency and Security Posture of Public Power, and how APPA is using funding to work with its members to improve their cyber hygiene. Discussed funding through the Department of Energys Office of Cybersecurity, Energy Security, and Emergency Response to develop and deploy cyber and cyber-physical solutions for distribution and municipal utilities. Discussed the impact of COVID-19 on public power utilities and how they were dealing with the pandemic from an operational standpoint; discussed what public power utilities are doing on customer shutoffs during the pandemic; discussed language to establish a federal moratoria on utility shutoffs and prevent the collection of debt included in H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. Discussed the creation of a forgivable loan program to assist public power utilities negatively impacted by COVID-19. Discussed priorities for inclusion in coronavirus relief legislation - forgivable loan program, restoration of advance refunding bonds, increasing the small-issuer exception, increased funding for Low Income Home Energy Assistance Program (LIHEAP), making emergency supplemental appropriations for the Power Marketing Administrations non-reimbursable; and providing public power utilities with comparable incentives for various energy-related tax credits. H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act; H.R. 925, the HEROES Act; and the Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act. Discussed the use of Coronavirus Relief Funds allocated under the CARES Act (Pub. Law 116-136) for utility customer assistance programs. Discussed support for increased funding for Coronavirus Relief Funds and more flexibility in the use of such funds. Discussed S. 4362, the Emergency Water and Energy Is a Human Right Act. Discussed the public power business model. Discussed draft legislation - the Expanding Access to Sustainable Energy Act. Discussed support for S. 2657, the American Energy Innovation Act. Discussed impact of Hurricane Laura on public power utility in Louisiana. Discussed H.R. 3079, the Energy Savings through Public-Private Partnerships Act of 2019. Discussed views on Federal Energy Regulatory Commission (FERC) on Cybersecurity Incentives. Discussed cybersecurity issues at public power communities that also provide water service. Discussed the following FERC dockets/matters - Transmission Incentives Notice of Proposed Rulemaking (PL 19-3-00) (RM20-10); Resource Adequacy and Capacity Markets (no docket); Performance Metrics (AD19-16); and Notice of Inquiry in RM 20-12 relating to coordinated cyber-attacks.
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Office of Management & Budget (OMB), SENATE
Discussed support for nuclear power and the need for advanced nuclear reactors. Expressed support for the inclusion of H.R. 2616 (Clean Corridors Act) in the INVEST Act (H.R. 2). Provided feedback on draft legislation on building technologies research and development.
Filing targets: Energy, Dept of, Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE
Discussed potential ways to address third-party liability concerns during a national security emergency and during a national public health emergency. Discussed APPAs cooperative agreement with the Department of Energy (DE-OE-0000811), Improving the Cyber Resiliency and Security Posture of Public Power, and how APPA is using funding to work with its members to improve their cyber hygiene. Discussed APPA's cooperative agreement with DOE's Infrastructure Security and Energy Restoration Division -Integrating State Energy Assurance and Federal Energy Emergency Response Initiatives with Local Energy Emergency Response (DE-OE0000757). Expressed support for H.R. 359 and S. 2095, the Enhancing Grid Through Public-Private Partnerships Act, to permanently authorize program assisting small- and medium-sized electric utilities with grid security. Discussed S. 3045, the Cybersecurity Vulnerability and Notification Act. Discussed S. 3418, the STORM Act. Discussed the electric utility industry's efforts to protect the grid and its close work with the federal government on cyber and physical security through the Electricity Subsector Coordinating Council. Discussed potential amendment to S. 2657, the American Energy Innovation Act, and the fiscal year 2021 National Defense Authorization Act to protect facilities with defense critical electric infrastructure. Discussed the need to bolster the Department of Energy's ability to protect critical electric infrastructure information. Discussed efforts by DOE to protect Defense Critical Electric Infrastructure. Provided feedback on S. 2556, the Protecting Resources on the Electric Grid with Cybersecurity Technology Act of 2019. Provided feedback on draft legislation, the Protecting Energy Infrastructure Act, to protect critical electric infrastructure information. Discussed the work the Office of Electricity at DOE is doing on defense critical electric infrastructure. Discussed S. 2094, the Enhancing State Energy Security Planning and Emergency Preparedness Act. Discussed support for language in S. 1706/H.R. 3079, the Energy Savings through Public-Private Partnerships Act, to carve out federal hydropower facilities from the definition of eligible federal facilities that can use energy savings performance contracts. Expressed opposition to efforts to remove such language from the legislation. Discussed efforts by the electric utility sector to ensure electric service during the COVID-19 pandemic, including efforts undertaken to protect utility workers, obtain testing for key utility personnel, and the need for personal protective equipment for key utility personnel. Discussed how public power utilities are addressing the COVID-19 pandemic, including the suspension of power shutoffs. Provided feedback on language in H.R. 6379, the Take Responsibility for Workers and Families Act, on power shutoffs and debt collection. Discussed the impact the COVID-19 pandemic is having on public power utilities and potential need for federal assistance in future COVID-19 legislation. Discussed public powers priorities in H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act, including increased funding for the Low Income Home Energy Assistance Program and aid to state and local governments. Provided feedback on H.R. 5760, the Grid Security R&D Act. Expressed support for S. 2657, the American Energy Innovation Act. Discussed FERC docket RM 18-9 and the need for state and local regulators to be able to consent to aggregation of distributed energy resources on distribution systems in their jurisdictions. Also discussed the particular burdens the proposed rule would have on small utilities. Discussed the impact of wholesale mandatory capacity market Minimum Offer Price rules and performance requirements on public power utilities. FERC docket EL 16-49/EL 18-178 and ER 18-1314. Discussed FERC docket No. PL 19-3 on transmission incentives. Discussed concerns with mandatory capacity markets in the Eastern RTOs and the need to ensure public powers ability to self-supply power in those markets. Expressed support for S. 1602, the Better Energy Storage Act of 2019; provided feedback and expressed support for H.R. 2986, the House version of the BEST Act. Provided feedback on H.R. 1744, the Storage Technology for Operational Readiness and Generating Energy Act. Provided feedback on an amendment to H.R. 5428, the Grid Modernization Research and Development Act of 2019. Discussed grid modernization issues.
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Office of Management & Budget (OMB), SENATE, White House Office
Filing targets: Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Interior, Dept of (DOI), Office of Management & Budget (OMB), SENATE