On January 7, 2026, Senator Tom Cotton (R-AR) introduced the Decentralized Access to Technology Alternatives Act (DATA Act) (S.3585), that if adopted, would exempt isolated large loads from regulation under the Federal Power Act (FPA) and the implementing regulations of FERC and the Department of Energy (DOE). Specifically, the DATA ACT would amend the FPA to create the consumer-regulated electric utilities (CREU) category and then broadly remove qualifying CREUs from federal energy regulation.
Alexander Kaplen
Alexander advises clients on all aspects of regulatory issues. With experiences in both the public and private sectors, he applies a deep understanding of the legal, regulatory, and strategic challenges facing stakeholders in the energy sector.
FERC Approves SPP Tariff Revisions Allowing Real-Time Dispatchable Interchange Transactions
On December 10, 2025, FERC accepted Southwest Power Pool, Inc.’s (SPP) proposed tariff revision to extend its existing day-ahead market dispatchable transaction model into the real-time balancing market (RTBM). The Commission found the proposal to be just and reasonable and not unduly discriminatory or preferential, rejecting protests that raised concerns…
FERC Staff Audit Report Identifies CIP Standard Compliance Risks in FY2025
On October 20, 2025, FERC Staff issued a report outlining areas of risk to the reliability of the electric grid based on non-public Critical Infrastructure Protection (CIP) Audits of U.S. based North American Electric Reliability (NERC) registered entities’ (Registered Entities) compliance with CIP Reliability Standards during Fiscal Year 2025 (FY2025).