Thought Leadership Multimedia
The energy sector is currently undergoing seismic change and with that change comes tremendous opportunity. You will find below our energy video series, which features nationally recognized Troutman Pepper partners as they discuss a vast array of unique and complex challenges that face the energy industry.
Jim Calvert & Steve Hewiston
Harnessing Technology in Litigation: Insights from Troutman Pepper eMergeJosh Combs & Allison Pryor
Capacity Crunch Series Continued: Balancing Reliability, Unprecedented Load Growth & Affordability in the Energy Transition (Part 2)Josh Combs & Allison Pryor
Capacity Crunch Series Continued: Balancing Reliability, Unprecedented Load Growth & Affordability in the Energy Transition (Part 1)Jim Koenig & Chris Jones
Power, Privacy, and Protection: Unpacking Security Challenges in the Energy SectorDrew Wooldridge & Josh Combs
Charging Transportation Electrification Forward: Identifying Opportunities & Regulatory Solutions in the Rapidly Evolving EV MarketBrooks Smith & Brian Harms
The Vital Importance of Pipeline and Transmission Infrastructure to DecarbonizationWilliam Droze & Kadeisha West
Navigating Power Allocation and Customer Choice in a Regulated LandscapeBrian Harms & Josh Combs
The Capacity Crunch, Part One: Reliability and Decarbonization in the Short TermJosh Combs & Charlie Suessmith
The Capacity Crunch, Part Two: Public Utilities, Resource Planning & Deployment, and the IRAJosh Combs & Charlie Suessmith
The Capacity Crunch, Part Three: Unpacking the Power of the IRA: The Potential Game-Changing Opportunities for UtilitiesBrian Harms & Fred Wilson
The Challenges and Opportunities of Interconnection and Transmission of Renewable EnergyNavigating the Energy Landscape: Experience in Action
Jim Calvert & Steve Hewiston
Harnessing Technology in Litigation: Insights from Troutman Pepper eMerge
Join Steve Hewitson, Partner, and Jim Calvert, Principal at Troutman Pepper eMerge, as they explore the transformative role of technology in complex regulatory proceedings and litigation. This insightful discussion covers the benefits of streamlined processes and centralized data management, as well as the exciting developments involving AI. Learn how innovative solutions are building trust, enhancing efficiency, and fostering better outcomes.
1. Technology’s role in litigation
• How eMerge’s combination of experience and technologies can reduce friction and build trust with the requesting parties during the discovery process.
2. Streamlining transactions with technology
• How centralized data management can increase efficiencies and accuracy throughout key transactions, such as mergers.
3. Technological Innovations and AI
• How the advancements in AI technology are enabling attorneys to focus on big-picture thinking and high level strategy.
Carl Bivens, Kyle Kohler & Nickolas Guttman
Navigating Complexities in Tax Equity Transactions
Explore the complexities of tax equity transactions in the energy sector with Troutman Pepper’s attorneys Carl Bivens, Nick Guttman, and Kyle Kohler. Through real life case studies, learn about the challenges faced during due diligence, title, and survey issues, as well as the importance of interdisciplinary collaboration. Gain insights into how pragmatic solutions and thorough preparation can lead to successful outcomes in energy projects.
Case study: solar panels on adjacent property
Case study: unintended land ownership in M&A transactions
Ensuring environmental compliance and liability protection
Josh Combs & Allison Pryor
Capacity Crunch Series Continued: Balancing Reliability, Unprecedented Load Growth & Affordability in the Energy Transition (Part 2)
Join Troutman Pepper energy attorneys Allison Pryor and Josh Combs as they explore how utilities, regulators, and stakeholders are working to balance unprecedented load growth, reliability, and affordability amidst the ongoing capacity crunch. This video in the series focuses specifically on affordability, energy efficiency, the role of natural gas, and key considerations for regulators and decision-makers.
Benefit of customer programs and pilot program collaboration
Natural gas as continued bridge during crunch and important tool in all of the above strategy
Regulatory considerations and takeaways for balancing rapid demand, affordability, and reliability
Greg Len & Bill Belanger
Navigating Intellectual Property Challenges in the Renewable Energy Sector
Join Troutman Pepper Partners Bill Belanger and Greg Len for an insightful discussion on the evolving landscape of intellectual property (IP) within the renewable energy sector. Discover the increasing trend of patent infringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations. Learn about the risks and opportunities for businesses, and hear compelling stories of how strategic IP management can lead to successful business outcomes.
How can the International Trade Commission (ITC) be used to protect a company’s IP?
What types of IP protections might an energy client need?
What are the anticipated trends in IP for energy companies?
What are the risks and opportunities for companies involving IP?
Anne Loomis & Minday McGrath
Navigating Clean Hydrogen Tax Credits: Insights and Implications
Dive into the complexities of clean hydrogen production and the associated tax credits with Troutman Pepper Partners Anne Loomis and Mindy McGrath. In this video, they explore the Inflation Reduction Act’s new production tax credit for clean hydrogen, the stringent requirements set by the IRS, and the potential impact on the industry. Learn about the three pillars of eligibility, the challenges faced by developers, and the future of hydrogen as a sustainable energy source.
What is the importance of incentivizing the production of clean hydrogen?
How do companies qualify for the new production tax credit?
How has the IRS’s position on the “three pillars” affected the industry?
What are the potential obstacles to the development of hydrogen technologies?
Jim Koenig & Chris Jones
Power, Privacy, and Protection: Unpacking Security Challenges in the Energy Sector
In an era where privacy and security are paramount, understanding the range of potential vulnerabilities and risks faced by energy producers and EV manufacturers is crucial. Join Troutman Pepper Partners Jim Koenig and Chris Jones as they shed light on these concerns, discuss mitigation strategies, and explore opportunities with artificial intelligence (AI).
What are the potential areas of vulnerability for power companies?
How well is energy sector doing in protecting their operations and data?
What are the privacy and security challenges associated with battery technology?
What are the opportunities and potential risks associated with AI in the energy sector?
Drew Wooldridge & Josh Combs
Charging Transportation Electrification Forward: Identifying Opportunities & Regulatory Solutions in the Rapidly Evolving EV Market
The rapidly evolving electric vehicle (EV) market presents electric utilities, EV service providers, private developers, and other stakeholders with several challenges and opportunities. These complex, and often novel, regulatory and legislative issues require constructive collaboration and creative solutions to identify opportunities and maximize benefits. In this video, Troutman Pepper Partner Drew Wooldridge and Associate Josh Combs delve into the key issues shaping the market, and offer practical insights for navigating this dynamic ecosystem.
EV charging infrastructure, ownership, and adoption-related issues and trends
Andrea Wortzel & Byron Kirkpatrick
Powering Through the Environmental Challenges of EV Development
Join Troutman Pepper Partners Andrea Wortzel and Byron Kirkpatrick as they delve into the burgeoning world of Electric Vehicle (EV) plant development in the southeastern U.S. and beyond. In addition to exploring the factors contributing to the region’s explosive growth, they examine the wide range of permitting and environmental challenges that developers and operators face.
How has the southeastern U.S. become a destination for EV development?
What are the key permitting requirements developers need to consider?
What environmental issues does the EV industry need to address?
Andrea Wortzel, Melissa Horne, & Vaughn Morrison
The Rise in Greenwashing Claims
Claims of ‘greenwashing’ – allegations that companies overstate the environmental benefits of renewable energy and other projects – continue to rise. Troutman Pepper’s Andrea Wortzel, Melissa Horne, and Vaughn Morrison analyze the increase in greenwashing claims and related scrutiny by regulators and the plaintiffs’ bar, and highlight best practices for complying with regulations and accurately reporting environmental and other ESG performance.
How Greenwashing Claims Are Brought
FTC, SEC, and California Regulatory Requirements
Brooks Smith & Brian Harms
The Vital Importance of Pipeline and Transmission Infrastructure to Decarbonization
While energy production gets a lot of attention, how that energy gets to end users is just as important. In this video, Troutman Pepper’s Brooks Smith and Brian Harms look at natural gas pipelines and other energy transmission infrastructure, including the importance of ensuring infrastructure can meet energy demands, the challenges of aging pipelines, renewable energy and transmission needs, siting and land use concerns, and more.
The Importance of Pipeline Infrastructure
Renewable Energy and Pipelines
Brian Fineman & William Droze
Energy Contracting and the Hidden Power of the Force Majeure Clause
What is force majeure, and how might it impact an energy deal? In this video, Troutman Pepper Partners Brian Fineman and William Droze discuss key considerations — from risk allocation and assumptions to dispute resolution and reputation management.
Defining force majeure and its application in the energy sector
The importance of force majeure and responding to a claim
Mitigating risk when faced with force majeure
Contracting strategies for optimal results
Reputational risk, optics, and third-party considerations
How to approach a force majeure claim
The value of legal advice when a force majeure is claimed
Risk allocation and the value of legal advice when contracting
Brooks Smith & Brian Harms
The Continuing Impact of Coal Ash
Coal ash – the byproduct of two centuries of burning coal to generate power – continues to roil the U.S. energy sector. Troutman Pepper’s Brian Harms and Brooks Smith discuss the dilemmas facing utilities and other energy sector companies in managing the environmental, regulatory, and financial risks presented by coal ash as the U.S. transitions to clean energy sources.
Introduction to the coal ash problem
The difficulties of repurposing coal-fired plants
Billion-dollar questions of liability and capacity
William Droze & Kadeisha West
Navigating Power Allocation and Customer Choice in a Regulated Landscape
The landscape for utilities and their customers in the power allocation space is heavily regulated. Minimum load requirements, contested rights, and myriad other issues must be understood — and handled effectively — to achieve the desired results. In this video, Partner William Droze and Associate Kadeisha West examine the regulatory and circumstantial factors that play a role in customer choice, and whether utilities should compete for a load.
Potential disputes arising from customer choice
Brian Harms & Josh Combs
The Capacity Crunch, Part One: Reliability and Decarbonization in the Short Term
The capacity crunch brings with it a host of issues and tensions, particularly between the concepts of reliability and decarbonization in the short term. In part one of this three-part series, Troutman Pepper Partner Brian Harms and Associate Josh Combs discuss the practical considerations and current opportunities that utilities, developers, and other stakeholders should consider as the country transitions to stronger decarbonization goals while still keeping the lights on.
The impact of stakeholder decision-making
The “all of the above” strategy
Utility planning and forecast updates
The IRA’s new paths for meeting demand
Advantages of PPAs vs. self-build
Legacy resources: a bridge to innovation
Josh Combs & Charlie Suessmith
The Capacity Crunch, Part Two: Public Utilities, Resource Planning & Deployment, and the IRA
The IRA provides a suite of federal incentives and funding opportunities potentially relevant to all industry participants, including public utilities, public utility holding companies, independent power producers, and financing parties.
In part two of our Capacity Crunch series, Troutman Pepper associates Josh Combs and Charlie Suessmith explore how the IRA impacts renewable energy resource economics, public utility resource planning and procurement, as well as overall renewable development.
IRA energy storage tax credits and economics
Josh Combs & Charlie Suessmith
The Capacity Crunch, Part Three: Unpacking the Power of the IRA: The Potential Game-Changing Opportunities for Utilities
The IRA presents new and unique opportunities to utilities, and leveraging these economic benefits may be a game changer for the entire marketplace. In this video, Troutman Pepper Associates Josh Combs and Charlie Suessmith consider the landscape and how it may impact utilities.
The economic incentives for utilities provided by the IRA
The new tax transfer market and its impact on decision-making
Miles Kiger & Jennifer Panahi
New Opportunities for Boosting Grid Security
Recent rulemaking on cybersecurity by the FERC underscores the importance of managing grid stability and security. In this video, Troutman Pepper Associates Miles Kiger and Jennifer Panahi discuss FERC’s new rate incentives and their eligibility requirements for public and nonpublic utilities as well as transmission owners.
Marc Machlin & Katherine O'Konski
Distributed Generation 2.0: What You Need to Know
As expanded opportunities such as tax incentives continue to impact the landscape, it is important to understand the fundamentals – such as the players, their roles, and their relative risk profiles. In this video, Troutman Pepper Partner Marc Machlin and Associate Katherine O’Konski explore the current business and legal issues affecting distributed generation and transmission.
What is Distributed Generation?
Tax Incentives for Distributed Generation
Gregory Len, Daniel Archuleta & Wes Hansen
The Future of the Hydrogen Industry
In this episode of our show, Hydrogen Industry’s Present and Future, Gregory Len and Daniel Archuleta, together with Wes Hansen from Ivys Energy Solutions, explore the current landscape for hydrogen, its uncertain pathway to growth, as well as key considerations stakeholders should understand about the future of the hydrogen market.
Ivys Energy Solutions Background
Developments, Benefits, and News Around Hydrogen
Where Hydrogen is Headed and Key Considerations
Emerging Opportunities, Challenges, and Real-World Considerations in Hydrogen
Andrew Thurmond & Clayton De Arment
Renewable Natural Gas – The Next Frontier
What is renewable natural gas, and what opportunities does it present? In this video, Troutman Pepper Partners Andrew Thurmond and Clayton De Arment explain the mechanics of making RNG, the various market participants and their monetization strategies, the key business agreements involved with bringing RNG to market, and considerations such as investment tax credits and environmental risks.
Chris Jones & Adrienne Thompson
Electricity Markets: A Regional Perspective
As the U.S. electricity sector continues to evolve, so too do regional electricity markets across the country. In this video, Troutman Pepper Partners Adrienne Thompson and Chris Jones provide a thorough overview of these market differences to help clients consider their investment and participation options.
Bi-Lateral vs. RTO/ISO Structures in the West
Expanding Energy Imbalance Markets in the West
Amie Colby & Bill Derasmo
How Battery Technology Is Changing the Game
From the genesis of the popular Battery + Storage Podcast to the current interconnection issues, Troutman Pepper Partners Amie Colby and Bill Derasmo discuss a wide range of leading-edge topics impacting battery and storage that will help stakeholders in the energy sector plan for what’s ahead.
Origin Story Battery and Storage Podcast
Brian Harms & Fred Wilson
The Challenges and Opportunities of Interconnection and Transmission of Renewable Energy
The boost enabled by the Inflation Reduction Act has, to some extent, been counterbalanced by a range of transitional issues. In this video, Troutman Pepper Partners Brian Harms and Fred Wilson discuss these top-of-mind concerns, from interconnection and its impact on project viability to transmission and costly network upgrades.
Challenges for Developers and Transmission Owners in Renewable Energy Space
Interconnection Queue Reform and Transmission Planning
Challenges and Opportunities for Cost and Schedule Mitigation
Don’t Forget about the Politics
Regulatory Agency Support Allowing for Unique Solutions to Unique Challenges
Christine Byrnes & Anne Loomis
Tax Issues for Co-location of Energy Storage with Solar or Wind
The Inflation Reduction Act (IRA) changed the game when it comes to battery storage and its qualifications for investment tax credits (ITC). Partners Christine Byrnes and Anne Loomis discuss the eligibility of energy storage for ITC, as well as the rules that apply to co-locating energy storage with other energy property or qualified facilities. Whether transferring tax credits or claiming adders, how can tax equity investors benefit this year?
Battery storage and ITC eligibility
How has the market reacted to the ITC for energy storage technology?
Can solar take PTC and co-located storage take ITC? Do the same rules apply to tech-neutral ITC’s?
Craig Kline & Adam Kobos
Value Creation in the Transferable Tax Market
The availability of transferable tax credits brings opportunities for an investor to reduce tax burden, while also facilitating investments in renewables. How can dealmakers best unlock the potential value that awaits, while also ensuring that risks are minimized?
Renewables & investors and transferrable tax credits
IRS uncertainty and the effect on the tax credit market
Risk of eligibility for tax on the seller of the tax credit
How much diligence does a transferee need to do?
Will there be direct tax equity after direct pay and transferability?
Monetizing 10-year PTC’s – what does that look like for an investor?
At what point in time do you start valuing the transferred tax credit?
Construction loans & bridge loans – will there be an equivalent in transferrable tax credits?
Anne Loomis & John Leonti
Optimizing Investments in Energy Storage
Greater flexibility in deal structuring, and the ability to sell tax credits, are two of several new options for project sponsors and investors presented by the Inflation Reduction Act. In this video, Partners Anne Loomis and John Leonti offer insights into the various ways investors and sponsors can leverage these and other opportunities.
Dan Anziska & Vaughn Morrison
The State of Energy Storage: What You Need to Know
From supply chain management to the incentives presented by the Inflation Reduction Act, developers and manufacturers face a constellation of issues. In this video, Troutman Pepper Partners Dan Anziska and Vaughan Morrison explore the current state of the energy storage market, and offer strategies and predictions for 2024 and beyond.
Current state of the global supply chain and building out the domestic supply chain
The benefits of the Inflation Reduction Act (IRA) on energy storage and manufacturing
The opportunities under the IRA for domestic suppliers
The Uyghur Forced Labor Prevention Act (UFLPA), developers, and risk allocation
Department of Energy (DOE) expectations for the DOE grant process