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Articles by Patrick Pennella
FERC Presses Grid Operators on Data Center, Large Load Interconnections
On June 18, 2026, the Federal Energy Regulatory Commission (FERC) directed each of the six regional grid operators it regulates (the Independent System Operators (ISOs) and Regional Transmission Organizations (RTOs)) and their member transmission owners to justify or reform the terms of their tariffs related to interconnections for data center and other large energy users (Show Cause Orders).
NRC Proposes Regulatory Framework for Fusion
The NRC (or the Commission) issued a proposed rule on February 26, 2026 to regulate commercial fusion under its byproduct material framework rather than as a traditional nuclear power reactor. These regulations aim to provide regulatory certainty at a pivotal commercialization phase for fusion, reducing ambiguity and regulatory burdens for capital providers and developers.
FERC Weighs in on PJM Data Center Co-Location Rules | JD Supra
The Federal Energy Regulatory Commission (FERC) issued its long-awaited order on December 18, 2025 (the Order), directing PJM Interconnection, LLC to reform its Open Access Transmission Tariff (Tariff) rules for generators co-located with large loads, most notably data centers, after finding the current Tariff lacks sufficient clarity and consistency regarding applicable rates, terms, and conditions of service.
FERC Weighs in on PJM Data Center Co-Location Rules
The Federal Energy Regulatory Commission (FERC) issued its long-awaited order on December 18, 2025 (the Order), directing PJM Interconnection, LLC to reform its Open Access Transmission Tariff (Tariff) rules for generators co-located with large loads, most notably data centers, after finding the current Tariff lacks sufficient clarity and consistency regarding applicable rates, terms, and conditions of service.
FERC Directs Co-Location Reforms in PJM | JD Supra
The Federal Energy Regulatory Commission (FERC or the Commission) directed PJM Interconnection, LLC (PJM) on December 18, 2025 to reform its rules governing generation interconnection and transmission service for generators co-located with load. The Commission’s Order on Show Cause Proceeding (Order) found that PJM’s Open Access Transmission Tariff (Tariff) lacks sufficient rates, terms, and conditions of service that apply to such generators.
FERC Directs Co-Location Reforms in PJM
The Federal Energy Regulatory Commission (FERC or the Commission) directed PJM Interconnection, LLC (PJM) on December 18, 2025 to reform its rules governing generation interconnection and transmission service for generators co-located with load. The Commission’s Order on Show Cause Proceeding (Order) found that PJM’s Open Access Transmission Tariff (Tariff) lacks sufficient rates, terms, and conditions of service that apply to such generators.
US States Continue to Generate Nuclear Legislation | JD Supra
Throughout 2025, several US states have taken steps to facilitate development of new nuclear reactors. Complementing several recent executive orders of the US administration in support of nuclear energy, including plans to bring new test reactors online by summer 2026 as part of the Reactor Pilot Program, states such as Illinois, Nebraska, Tennessee, Texas, and Virginia have also signaled support for nuclear energy through legislation, grants, and utility initiatives.
US States Continue to Generate Nuclear Legislation
Throughout 2025, several US states have taken steps to facilitate development of new nuclear reactors. Complementing several recent executive orders of the US administration in support of nuclear energy, including plans to bring new test reactors online by summer 2026 as part of the Reactor Pilot Program, states such as Illinois, Nebraska, Tennessee, Texas, and Virginia have also signaled support for nuclear energy through legislation, grants, and utility initiatives.
Recent US Administration Actions Promote Coal Energy | JD Supra
President Donald Trump’s second inaugural address identified making America “energy dominant again” as one of four America First Priorities. Having issued several statements and executive orders in January that focused on expanding domestic energy production, the administration took action on April 8 to promote greater use of coal and clean coal technology.
Shifts in energy infrastructure permitting and climate change impact assessments
Four days after the Unleashing American Energy Executive Order was signed, FERC terminated its years-long proceeding to develop a policy statement that explains how FERC would assess the impacts of natural gas infrastructure projects on climate change in its reviews under NEPA and the Natural Gas Act (NGA).
Trump-Vance Administration Issues Executive Order to Promote American Energy | JD Supra
Donald J. Trump became the 47th president of the United States on January 20. His second inaugural address focused significantly on energy policy, where he promised to declare a national energy emergency. Making America “energy dominant again” is the second of his four America First Priorities.
CFTC Takes First Enforcement Actions on Fraud in Voluntary Carbon Markets | JD Supra
The Commodity Futures Trading Commission (CFTC) announced its first actions for fraud in the voluntary carbon markets (VCMs) on October 2, 2024. These enforcement actions demonstrate the CFTC’s continued focus on the integrity of the VCMs and the voluntary carbon credits (VCCs) transacted in those markets.
CFTC Takes First Enforcement Actions on Fraud in Voluntary Carbon Markets
The Commodity Futures Trading Commission (CFTC) announced its first actions for fraud in the voluntary carbon markets (VCMs) on October 2, 2024. These enforcement actions demonstrate the CFTC’s continued focus on the integrity of the VCMs and the voluntary carbon credits (VCCs) transacted in those markets.
CFTC Takes First Enforcement Actions on Fraud in Voluntary Carbon Markets
The Commodity Futures Trading Commission (CFTC) announced its first actions for fraud in the voluntary carbon markets (VCMs) on October 2, 2024. These enforcement actions demonstrate the CFTC’s continued focus on the integrity of the VCMs and the voluntary carbon credits (VCCs) transacted in those markets.
FERC Initiates Rulemaking to Tighten Supply Chain Controls for Electric Infrastructure | JD Supra
The Federal Energy Regulatory Commission (FERC or the Commission) issued a notice of proposed rulemaking on September 19, 2024 to tighten its existing mandatory controls for certain electric assets. The proposal reflects FERC’s increasing concern that current controls are not up to the task of preventing bad actors from infiltrating the supply chain of critical electric infrastructure, thereby creating significant risk to electric system reliability.
CFTC Issues Final Guidance on Listing Voluntary Carbon Credit Derivative Contracts
The Commodity Futures Trading Commission on September 20 issued final guidance aimed at strengthening market integrity, transparency, and liquidity for derivatives with underlying voluntary carbon credits (VCCs). The nonbinding final guidance addresses an emerging class of climate-related derivative contracts listed for trading by designated contract markets (DCMs).
FERC Initiates Rulemaking to Tighten Supply Chain Controls for Electric Infrastructure
The Federal Energy Regulatory Commission (FERC or the Commission) issued a notice of proposed rulemaking on September 19, 2024 to tighten its existing mandatory controls for certain electric assets. The proposal reflects FERC’s increasing concern that current controls are not up to the task of preventing bad actors from infiltrating the supply chain of critical electric infrastructure, thereby creating significant risk to electric system reliability.
FERC Initiates Rulemaking to Tighten Supply Chain Controls for Electric Infrastructure
The Federal Energy Regulatory Commission (FERC or the Commission) issued a notice of proposed rulemaking on September 19, 2024 to tighten its existing mandatory controls for certain electric assets. The proposal reflects FERC’s increasing concern that current controls are not up to the task of preventing bad actors from infiltrating the supply chain of critical electric infrastructure, thereby creating significant risk to electric system reliability.
Nuclear Energy Mid-Year Report: Navigating the Changing Nuclear Landscape in 2024
NUCLEAR ENERGY MID-YEAR REPORT NAVIGATING THE CHANGING NUCLEAR LANDSCAPE IN 2024 REPORT NUCLEAR ENERGY MID-YEAR REPORT: NAVIGATING THE CHANGING NUCLEAR LANDSCAPE IN 2024 The first half of 2024 has been a dynamic period for the nuclear energy industry, marked by significant legislative and regulatory developments, evolving enforcement trends, and a continued focus on innovation and public safety.
US Senate Advances Energy Infrastructure Permitting Bill | JD Supra
The US Senate Committee on Energy and Natural Resources has advanced the Energy Permitting Reform Act of 2024, a bipartisan energy bill that would facilitate permitting for energy infrastructure and mining projects. Bill S. 4753 includes the following proposed reforms: Electric Transmission Planning The bill requires the Federal Energy Regulatory Commission (FERC) to issues a new rule within 180 days of enactment that requires interregional transmission planning.
US Senate Advances Energy Infrastructure Permitting Bill
The US Senate Committee on Energy and Natural Resources has advanced the Energy Permitting Reform Act of 2024, a bipartisan energy bill that would facilitate permitting for energy infrastructure and mining projects. Bill S. 4753 includes the following proposed reforms: Electric Transmission Planning The bill requires the Federal Energy Regulatory Commission (FERC) to issues a new rule within 180 days of enactment that requires interregional transmission planning.
Adopting 7 Principles May Improve Voluntary Carbon Markets - Law360
By Levi McAllister, Pamela Wu and Patrick Pennella (June 10, 2024, 5:25 PM EDT) -- The Biden administration released a statement on May 28 that outlines principles for adoption, aimed to build high-integrity voluntary carbon markets. This VCM policy statement signals a commitment to addressing existing VCM challenges, and provides guidance on responsible VCM participation.... Law360 is on it, so you are, too.
Adopting 7 Principles May Improve Voluntary Carbon Markets, Law360
Partners Levi McAllister and Pam Wu and associate Patrick Pennella authored a Law360 Expert Analysis article discussing the Biden Administration’s recent statement outlining principles for the adoption of high-integrity voluntary carbon markets (VCMs).
Principles to Promote and Build High-Integrity Voluntary Carbon Markets
Our team has prepared a LawFlash discussing the Biden administration’s recently released Voluntary Carbon Markets Joint Policy Statement and Principles for High-Integrity Voluntary Carbon Markets. Through the Voluntary Carbon Markets (VCMs), entities that engage in activities that remove or reduce carbon emissions from the atmosphere may generate carbon credits that can be sold, and entities that emit carbon dioxide can purchase carbon credits to offset carbon emissions.
Government Releases 7 Principles Addressing High-Integrity Voluntary Carbon Markets | JD Supra
The Biden administration released the Voluntary Carbon Markets Joint Policy Statement and Principles on May 28, 2024, which outlines principles for adoption to build high-integrity voluntary carbon markets (VCMs). This VCM policy statement signals a commitment to addressing the existing challenges with the VCMs and provides guidance on responsible VCM participation. VCMs offer a voluntary mechanism for individuals, businesses, and nonprofit organizations to offset carbon dioxide emissions.
Government Releases 7 Principles Addressing High-Integrity Voluntary Carbon Markets
The Biden administration released the Voluntary Carbon Markets Joint Policy Statement and Principles on May 28, 2024, which outlines principles for adoption to build high-integrity voluntary carbon markets (VCMs). This VCM policy statement signals a commitment to addressing the existing challenges with the VCMs and provides guidance on responsible VCM participation. VCMs offer a voluntary mechanism for individuals, businesses, and nonprofit organizations to offset carbon dioxide emissions.
US Congress Holds Hearing on Spent Nuclear Fuel Disposal | JD Supra
The House Subcommittee on Energy, Climate, and Grid Security held a hearing on April 10, 2024 to examine federal responsibility for the permanent disposal of spent nuclear fuel (SNF), along with opportunities for mitigating disposal challenges—such as through reprocessing and recycling fuel—to advance nuclear energy for the nation. The US government is currently statutorily and contractually obligated to take high-level radioactive waste and SNF generated by the commercial power industry.
US Congress Holds Hearing on Spent Nuclear Fuel Disposal
The House Subcommittee on Energy, Climate, and Grid Security held a hearing on April 10, 2024 to examine federal responsibility for the permanent disposal of spent nuclear fuel (SNF), along with opportunities for mitigating disposal challenges—such as through reprocessing and recycling fuel—to advance nuclear energy for the nation. The US government is currently statutorily and contractually obligated to take high-level radioactive waste and SNF generated by the commercial power industry.
EU Investigation of Potential Airline Greenwashing Practices Underscores Risk to Global Aviation Industry | JD Supra
The European Commission and European consumer authorities announced that on April 30, 2024, they sent letters to 20 airlines alleging potentially misleading green claims and asking them to conform to EU consumer law within 30 days. At issue are the airlines’ claims that carbon dioxide emissions caused by air travel could be offset by climate projects or through the use of sustainable fuels, to which consumers could contribute by paying additional fees.
EU Investigation of Potential Airline Greenwashing Practices Underscores Risk to Global Aviation Industry
The European Commission and European consumer authorities announced that on April 30, 2024, they sent letters to 20 airlines alleging potentially misleading green claims and asking them to conform to EU consumer law within 30 days. At issue are the airlines’ claims that carbon dioxide emissions caused by air travel could be offset by climate projects or through the use of sustainable fuels, to which consumers could contribute by paying additional fees.
A New Nuclear Age: How 2023 Developments will Impact the Industry in 2024
REPORT A NEW NUCLEAR AGE HOW 2023 DEVELOPMENTS WILL IMPACT THE INDUSTRY IN 2024 www.morganlewis.com 2024 Morgan Lewis | Morgan, Lewis & Bockius LLP, a Pennsylvania limited liability partnership 1 A NEW NUCLEAR AGE: HOW 2023 DEVELOPMENTS WILL IMPACT THE INDUSTRY IN 2024 Morgan Lewis's energy lawyers regularly track developments impacting the nuclear industry on the firm's Up & Atom blog.
Parsing 2023's Energy Markets Enforcement
ADVERTISEMENT Don't want ads? Subscribe or login now. By Pamela Wu, Levi McAllister and Patrick Pennella (December 15, 2023, 5:01 PM EST) -- The Federal Energy Regulatory Commission and the Commodity Futures Trading Commission each released their annual enforcement reports for fiscal year 2023.... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
NRC Provides Emergency Preparedness Flexibility for SMRs and Advanced Reactors | JD Supra
The US Nuclear Regulatory Commission (NRC) has issued a final rule and associated regulatory guide providing an alternative avenue for small modular reactors (SMRs) and advanced reactors to satisfy emergency preparedness requirements.
2023 FERC Enforcement Report: Continued Focus on Fraud, Manipulation, Market Integrity | JD Supra
The US Federal Energy Regulatory Commission (FERC or Commission) has released its annual report on enforcement for fiscal year 2023.
NRC Provides Emergency Preparedness Flexibility for SMRs and Advanced Reactors
The US Nuclear Regulatory Commission (NRC) has issued a final rule and associated regulatory guide providing an alternative avenue for small modular reactors (SMRs) and advanced reactors to satisfy emergency preparedness requirements.
2023 FERC Enforcement Report: Continued Focus on Fraud, Manipulation, Market Integrity
The US Federal Energy Regulatory Commission (FERC or Commission) has released its annual report on enforcement for fiscal year 2023.
2023 FERC Enforcement Report: Continued Focus on Fraud, Manipulation, Market Integrity
The US Federal Energy Regulatory Commission (FERC or Commission) has released its annual report on enforcement for fiscal year 2023.
CFTC 2023 Enforcement Report Shows Uptick in Enforcement Actions | JD Supra
The Commodity Futures Trading Commission (CFTC or Commission) released its enforcement results for fiscal year 2023 on November 7, 2023. The CFTC’s Division of Enforcement filed 96 enforcement actions in 2023 charging a range of violations in a variety of markets that resulted in more than $4.3 billion in civil monetary penalties, restitution, and disgorgement.
CFTC 2023 Enforcement Report Shows Uptick in Enforcement Actions
The Commodity Futures Trading Commission (CFTC or Commission) released its enforcement results for fiscal year 2023 on November 7, 2023. The CFTC’s Division of Enforcement filed 96 enforcement actions in 2023 charging a range of violations in a variety of markets that resulted in more than $4.3 billion in civil monetary penalties, restitution, and disgorgement.
US Department of Energy Announces Selection of Seven Clean Hydrogen Hubs | JD Supra
The US Department of Energy (DOE) has announced the much-anticipated selection of seven hydrogen hub projects across the country that are eligible for $7 billion in federal investment. The selectees will now undergo an award negotiation process to obtain a commitment from DOE. This funding aims to accelerate the commercial-scale deployment of low-cost, clean hydrogen as an alternative source of energy and the creation of networks of clean hydrogen producers, consumers, and infrastructure.
US Department of Energy Announces Selection of Seven Clean Hydrogen Hubs
The US Department of Energy (DOE) has announced the much-anticipated selection of seven hydrogen hub projects across the country that are eligible for $7 billion in federal investment. The selectees will now undergo an award negotiation process to obtain a commitment from DOE. This funding aims to accelerate the commercial-scale deployment of low-cost, clean hydrogen as an alternative source of energy and the creation of networks of clean hydrogen producers, consumers, and infrastructure.
Sixth Circuit Closes the Floodgates on Tort Suits Against FERC for Dam Licensing Decisions | JD Supra
In a per curiam decision on October 3, 2023, the US Court of Appeals for the Sixth Circuit affirmed that the Federal Power Act prevents tort suits against the United States relating to damage caused by dams that are licensed by the Federal Energy Regulatory Commission (FERC). That is, liability for any injuries or damages caused by any dam licensed by FERC is solely the responsibility of the licensee, and liability cannot flow to the United States, even after dam failures.
Sixth Circuit Closes the Floodgates on Tort Suits Against FERC for Dam Licensing Decisions
In a per curiam decision on October 3, 2023, the US Court of Appeals for the Sixth Circuit affirmed that the Federal Power Act prevents tort suits against the United States relating to damage caused by dams that are licensed by the Federal Energy Regulatory Commission (FERC). That is, liability for any injuries or damages caused by any dam licensed by FERC is solely the responsibility of the licensee, and liability cannot flow to the United States, even after dam failures.
NRC Finalizing Emergency Preparedness Rule for New Reactor Designs
The Nuclear Regulatory Commission (NRC) has announced that it intends to issue, by the end of 2023, the final rule and associated regulatory guide that sets emergency preparedness requirements for new reactors. The rulemaking will allow small modular reactor (SMR) and advanced reactor license applicants to develop performance-based emergency preparedness programs as an alternative to the current offsite radiological emergency planning requirements.
NRC Finalizing Emergency Preparedness Rule for New Reactor Designs
The Nuclear Regulatory Commission (NRC) has announced that it intends to issue, by the end of 2023, the final rule and associated regulatory guide that sets emergency preparedness requirements for new reactors. The rulemaking will allow small modular reactor (SMR) and advanced reactor license applicants to develop performance-based emergency preparedness programs as an alternative to the current offsite radiological emergency planning requirements.
Nuclear Reactors Are a Clean Energy Solution for Civil Maritime
Although nuclear power has been used successfully to power US military vessels since the 1950s, use for civilian maritime purposes has never evolved beyond a few experimental designs. High initial capital costs and concerns about safety kept nuclear power for the civilian maritime fleet from reaching criticality.
Nuclear Reactors Are a Clean Energy Solution for Civil Maritime, Bloomberg Law
Partners Jane Accomando and Alex Polonsky and associate Patrick R. Pennella co-authored an Insight for Bloomberg Law discussing how innovations in nuclear technology can provide a safe and clean energy solution for civilian maritime purposes. The article provides an overview of the advantages of nuclear-powered vessels and recent advancements in reactor technology. Read the full Bloomberg Law article >> Subscription may be required.
Nuclear Energy and Hydrogen: Partners in Decarbonization | JD Supra
The Nine Mile Point nuclear power station in Oswego, New York began producing hydrogen in March 2023 as part of a demonstration project sponsored by the US Department of Energy. Although Nine Mile Point produced hydrogen solely for internal use, the project validates that reliable and emission-free nuclear energy can be used to produce clean-burning hydrogen.
Nuclear Energy and Hydrogen: Partners in Decarbonization
The Nine Mile Point nuclear power station in Oswego, New York began producing hydrogen in March 2023 as part of a demonstration project sponsored by the US Department of Energy. Although Nine Mile Point produced hydrogen solely for internal use, the project validates that reliable and emission-free nuclear energy can be used to produce clean-burning hydrogen.
Senator Manchin Proposes to Streamline Energy Infrastructure Permitting and Give FERC Jurisdiction Over Hydrogen | JD Supra
Following weeks of anticipation, US Senator Joe Manchin (D-WV) released the text of the Energy Independence and Security Act of 2022, his permitting reform legislation, on September 21, 2022.
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