Publications for Power Law Committee
Power Law: Editorial March 2025
John Vellone, outgoing Newsletter Editor of the IBA Power Law Committee, and Krzysztof Cichocki, incoming Newsletter Editor of the IBA Power Law Committee, introduce the latest collection of articles from Committee members.
Released on Mar 18, 2025
Can behind-the-meter structures solve the impending power bottleneck caused by AI data centres?
The development of AI data centres has been identified as one of the primary drivers of anticipated growth in the power sector in the next decade. Given the scale of these projects and the concentrated usage of electricity, behind-the-meter power generation structures are being mooted to expedite delivery of AI data centre projects while minimising cost-shifting to users of the grid. Although there have been positive developments at the federal level which may facilitate the buildout of new generating assets, state and local laws will remain a primary consideration on whether behind-the-meter structures can be successfully deployed in a given location.
Released on Mar 18, 2025
Powering the future: the evolving intersection of data centres and energy law in Portugal
This article explores the intersection of Portuguese legislation on energy and the rapid expansion of data centre infrastructure, focusing on existing mechanisms and recent legal developments that address grid access, renewable integration, and energy efficiency. As data centres become increasingly strategic, their connection to energy law, though largely implicit in the current framework, is gaining relevance, paving the way for future regulatory refinements that balance digital infrastructure growth with energy transition goals.
Released on Mar 18, 2025
The intersection of AI and power law in Mexico: legal implications for a sustainable energy transition
Mexico’s energy transition, marked by a shift to renewable energy and technological innovation, represents the perfect moment to enhance the role of Artificial Intelligence (AI) in the power sector. However, this integration may raise significant legal challenges, including data governance, cybersecurity, regulatory compliance and particularly how to address such challenges in the energy policies while enhancing AI optimisation.
Released on Mar 18, 2025
Data centres and AI: legal challenges between sustainability and energy efficiency in an Italian and EU context
This article examines the dual role of data centres as enablers of digital transformation and significant contributors to global energy consumption. It reviews European Union and Italian regulations aimed at promoting sustainable data centre operations, including the European Green Deal and the EU’s ‘Fit for 55’ plan.
Released on Mar 18, 2025
Avoiding gridlock: how Canada can use AI to expand and improve its hydroelectric future
The rapid evolution of artificial intelligence (AI) is affecting Canada’s energy sector. The advancement of new tools, particularly generative AI (Gen AI) resources, are forcing operators and governments to address legal gaps quickly and invest in new infrastructure across the hydroelectric industry. These changes are likely to result in significant benefits to the Canadian economy, driving billions of dollars in investment and ushering in a transformative shift in the workforce.
Released on Mar 18, 2025
A new investment protection regime in Argentina and its impact on the development of megaprojects in the technology sector
This article provides an analysis of the new legal and regulatory framework arising from the approval of the Law of Bases and Starting Points for the Freedom of Argentines 27,742 and the Incentive Regime for Large Investments (the RIGI) as an investment protection mechanism for megaprojects in the technology sector.
Released on Mar 18, 2025
Power Law: Editorial November 2024
John Vellone, Newsletter Editor of the IBA Power Law Committee introduces the latest collection of articles from Committee members.
Released on Nov 6, 2024
Navigating the regulatory landscape for distributed solar power projects in Nigeria
Nigeria’s abundant sunlight presents a significant opportunity for distributed solar power (DSP) to address its energy challenges. This article analyses the regulatory framework governing DSP projects in Nigeria, focusing on policies, incentives, and challenges affecting project development and investment. By identifying key opportunities and barriers, this article offers practical recommendations to optimise the regulatory environment for stimulating DSP growth, enhancing grid integration, and promoting sustainable energy development.
Released on Nov 6, 2024
Distributed energy resources in Portugal: challenges, opportunities, and the way forward
This short article analyses the legal and regulatory challenges and opportunities of distributed energy generation in Portugal. It focuses on the implications of Decree-Law No 15/2022, which enables consumer participation in a decentralised energy model, and addresses regulatory complexities, licensing delays, financial barriers, and the impact on grid infrastructure. Additionally, it highlights legislative and public policy initiatives aimed at facilitating distributed energy resources, emphasising the need for effective action to leverage Portugal’s renewable energy potential.
Released on Nov 6, 2024
Distributed energy resources in Switzerland
Switzerland is introducing a new legal structure the local electricity community (LEC) in 2024 as part of its energy transition. The aim of is to enable groups of individuals or legal entities to become collectively involved in projects for the production and consumption of renewable electricity, such as solar, wind or biomass. This article looks at this new legal structure in terms of how it works in practice, its relevance and its implications for Switzerland’s energy transition.
Released on Nov 6, 2024
Navigating the global landscape of distributed energy resources: opportunities, challenges, and legal considerations
This article explores the opportunities and challenges of distributed energy sources, emphasising legal issues and their resolutions. Distributed energy systems are designed to generate electricity close to consumption points, optimising network efficiency and reducing transmission losses. While various primary sources can be utilised, solar energy stands out due to its widespread availability, scalability, and decreasing costs. The article discusses key challenges, including spatial limitations for solar installations and the impact of network transmission requirements on the core principles of distributed generation. It also examines legal and financial obstacles, including expropriation restrictions and financing complexities, offering innovative regulatory and financial solutions.
Released on Nov 6, 2024
Distributed energy resources in the United States
Structural deficiencies in the operation of the bulk power system coupled with anticipated growth in electricity demand are resulting in the emergence of new technologies and business structures to address immediate and forecasted needs. The regulatory landscape is adapting quickly in order to address new and emerging realities in the power sector. As policies and regulations vary on a state and local level, practitioners must remain up to date with regulatory and technological developments in order to advise their clients properly.
Released on Nov 6, 2024
Global opportunities and challenges of DERs: a focus on legal issues and their solutions in Mexico
This article explores the global opportunities and challenges of Distributed Energy Resources (DERs), with a focus on legal issues and solutions specific to Mexico. It highlights how DERs, such as solar photovoltaics, can enhance energy access, environmental sustainability, and grid resilience. The article addresses regulatory complexities, grid management issues, and market access challenges, emphasising the need for legal and infrastructural adaptations. Recommendations include increasing generation limits, modernising infrastructure, and investing in technology to support DER integration and sustainability in Mexico.
Released on Nov 6, 2024
Initiatives and challenges for the introduction of distributed energy systems
The Japanese government has recently taken further action to promote renewable energy to achieve carbon neutrality by 2050. One of the actions is to promulgate relevant legislation accelerating the introduction of distributed energy systems from locally available resources, including the adoption of a new licence, reform of the grid operation mechanism and development of the FIT/FIP system. However, there has been some hurdles to expanding renewable energy as local communities have raised concerns regarding security, disaster prevention and the environment, including decommissioning arrangements. This article outlines the efforts being made in the Japanese legislation in relation to these issues.
Released on Nov 6, 2024
Opportunities and challenges for distributed energy resources in Chile
In Chile, distributed energy resources are divided into two categories: power plants up to 9 MW connected via distribution or transmission lines and smaller net billing facilities up to 300 kW connected solely through distribution lines within the service area of distribution companies. As of 2024, the installed capacity of these resources has rapidly expanded, driven primarily by solar projects. However, challenges have arisen, including transmission congestion, regulatory changes, infrastructure limitations and curtailments. Recent regulatory updates are promoting the use of energy storage as a solution to these issues, enabling better grid management and continued growth in distributed energy generation.
Released on Nov 6, 2024
Power Law: Editorial June 2024
John Vellone, Newsletter Editor of the IBA Power Law Committee introduces the latest collection of articles from Committee members.
Released on Jun 19, 2024
Polish legal framework for nuclear small modular reactors
The article describes the existing Polish regulations on nuclear small modular reactors (SMRs) and presents the regulations contained in the Atomic Law and the Nuclear Special Act. On the basis of these legal acts, the main stages of the investment process are introduced, including the types of administrative permits required for this type of investment. The article draws attention to legal restrictions as well as other types of barriers to the development of SMR technology in Poland and also discusses the status of the first SMR projects in Poland.
Released on Jun 16, 2024
Overview on the current SMR’s development status in Mexico
Mexico is exploring the potential of Small Modular Reactors (SMRs) to enhance its nuclear energy capabilities. The Political Constitution assigns the responsibility for electric energy planning and control to the federal government, emphasising the strategic role of transmission and distribution. Key agencies such as the Ministry of Energy, the National Commission on Nuclear Safety and Safeguards (CNSNS) and the Federal Electricity Commission (CFE) are pivotal in this effort. While no specific SMR plans have been detailed, these bodies are actively involved in discussions and evaluations. The National Institute for Nuclear Research (ININ) also supports nuclear energy initiatives, including SMRs, to meet energy demands and reduce fossil fuel reliance. Despite the lack of a formal timeline, Mexico’s energy strategy shows promise for integrating SMRs into its clean energy future.
Released on Jun 16, 2024
Navigating new horizons: the legal framework for SMRs in Pakistan
This article investigates the possibility of Small Modular Reactors (SMRs) as a solution to Pakistan’s growing energy demands amidst challenges such as rising inflation, natural disasters and debt default. Highlighting the country’s reliance on imported fuel and the consequent circular debt, the article advocates for a move to nuclear energy, specifically the use of SMRs with Chinese aid through the China-Pakistan Economic Corridor (CPEC). The article describes China-Pakistan nuclear cooperation and the need for the Pakistan Atomic Energy Commission (PAEC) and the Pakistan Nuclear Regulatory Authority (PNRA) to provide a legal and regulatory framework to enable safe SMR deployment.
Released on Jun 16, 2024
Legal perspectives on SMRs in Canada
Canada is targeting net-zero carbon emissions by 2050. Small modular nuclear reactors (SMRs) are emerging as a potentially pivotal technology to achieving Canada’s emission targets. Several SMR projects are in development and offer a means to decarbonise the electricity grid, connect isolated Canadian communities, support Canada’s mining industry and potentially support medical applications. SMRs offer significant potential but development remains challenging and further evidence is required for deployment at scale. In this context, developments in regulation, licensing and design review will significantly impact the future of Canada’s emerging SMR industry.
Released on Jun 16, 2024
Türkiye: legal framework of small modular nuclear reactors and applications
The first initiatives regarding nuclear energy in Türkiye date back to approximately 70 years ago. Since this period, significant steps have been taken at various stages, culminating in the current state of nuclear energy development. A prime example of this progression is the collaboration between the Government of Türkiye and the Government of Russia to establish and operate the Mersin-Akkuyu nuclear power plant, including its ongoing construction. Additionally, similar projects are currently underway in Sinop and İğneada-Kırklareli. Consequently, the importance Türkiye places on nuclear energy indicates a potential shift towards Small Modular Nuclear Reactors (SMRs). Studies related to SMRs are being conducted by both governmental and private institutions.
Released on Jun 16, 2024
Power Law: Editorial February 2024
John Vellone, Newsletter Editor of the IBA Power Law Committee introduces the latest collection of articles from Committee members.
Released on Feb 19, 2024
The rise of utility-scale storage in Canada
Utility-scale energy storage in Canada is undergoing a transformative shift, marked by a surge in market engagement over the past three years. In Canada, provinces wield a strong constitutional authority in energy matters. Ontario, the country’s most populous province has taken a pioneering stance in addressing increasing energy demands and an imminent capacity shortfall. The Independent Electricity System Operator (IESO) has embarked on ambitious procurements to secure a significant future capacity increase of utility-scale storage. The evolution of storage technology, coupled with public investment and policy updates, underscores its pivotal role in decarbonisation, cost reduction, and grid resiliency.
Released on Feb 19, 2024
Italy: the rise of utility-scale energy storage technologies
Energy transition – the need to achieve progressive and complete decarbonisation by 2050 – presents Italy with important challenges in increasing energy production from renewable resources on the one hand, and the necessary progressive increase in the availability of utility-scale energy storage capacity on the other. The Italian legislator has acted to guarantee a long-term supply system of new storage capacity by introducing a mechanism based on competitive, transparent and non-discriminatory auctions. The system recognises the right to an annual remuneration, in exchange for the provision of the awarded capacity as part of the national energy market.
Released on Feb 19, 2024
The rise of utility-scale energy storage technologies in Mexico
This article addresses Mexico’s strides in energy storage amid a lack of clear legislation. With a focus on renewable sources, it highlights the nation’s 31.2 per cent installed capacity for renewable electricity generation. Despite growth, challenges persist, including the absence of defined legal frameworks and regulatory bodies. Many businesses adopt energy storage, but hurdles such as transmission rates and market limitations hinder cost-effective deployment. The text emphasises the global urgency for regulatory clarity, highlighting Mexico’s role in lithium resources. It concludes by noting a 2019 Draft Legislation/Bill that has not yet been published, underlining the immediate need for comprehensive regulation to bolster sustainable energy practices in Mexico.
Released on Feb 19, 2024
The rise of utility-scale power storage technologies in Pakistan
Renewable energy is heavily reliant on environmental conditions, making energy storage technologies crucial in addressing this challenge. This article discusses the increasing use of utility-scale power storage technologies in Pakistan and the associated legislative framework.
Released on Feb 19, 2024
Insights into the legal environment for large-scale energy storage in Poland
Given the need to decarbonise the Polish economy while maintaining grid stability, energy storage is expected to become an essential element of the Polish energy sector in the next few years. The current legal framework already provides a basis for starting operations in Poland and participating in the rapidly growing market. Further legislative changes may be expected to facilitate the development of the market.
Released on Feb 19, 2024
The Portuguese legal framework on utility-scale energy storage technologies
This article briefly analyses the Portuguese regulatory framework for utility-scale energy storage technologies, in order to highlight the strategies that have been followed. A critical analysis is conducted, underlining the importance of energy storage for the future of climate neutrality.
Released on Feb 19, 2024
Switzerland: the rise of utility-scale energy storage technologies
Switzerland has been relying on pumped storage to release power on the grid when needed for decades, and laws have been tailored to support this technology. The trend is not expected to slow down. Nevertheless, Switzerland is certainly not turning a blind eye to more recent supplementary technologies, considering the shifts in power production. Public funds are being invested in a wide range of projects, and the industry (from major power producers to startups) is dedicating large teams to develop their own storage solutions. A wide range of new storage technologies are being developed, although it remains to be seen when they will become ripe for utility-scale application.
Released on Feb 19, 2024