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On FERC’s independence, North Dakota, and Ecuador’s bombed regulator

Current conditions: Temperatures in Washington, D.C., are set to top 90 degrees Fahrenheit before approaching triple digits by mid week • In Taipei, temperatures north of 90 degrees are giving way to thunderstorms all afternoon • June’s “strawberry moon,” as the first full moon of the strawberry-picking season is known, rose last night.
The Department of the Interior has struck a deal with Duke Energy to pay the utility $129 million in exchange for abandoning a lease for an offshore wind project in federal waters off North Carolina. In a statement Monday, Duke’s chief executive in the Carolinas, Kodwo Ghartey-Tagoe, said the company would reinvest nearly all the money the federal government refunded into new generating capacity, “which may include advancing new nuclear and natural gas generation, and grid enhancements to strengthen reliability.” The announcement came less than two weeks after the Trump administration unveiled a $765 million deal with Invenergy to quash four proposed offshore wind sites, as Heatmap’s Emily Pontecorvo reported.
The Supreme Court on Monday ruled that the White House has the power to fire commissioners at independent agencies without showing cause, overturning a nearly century-old precedent and granting President Donald Trump new powers over the federal regulatory state. That, as Heatmap’s Matthew Zeitlin wrote yesterday, directly overhauls the historical separation of powers at the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission, whose members the president appointed but whose culture of not answering to the White House directly created the appearance of being above short-term political concerns. “Agencies like FERC tend not to be as explicitly politicized or partisan as, say, the Environmental Protection Agency, which is led by a single administrator who serves at the pleasure of the president, or the National Labor Relations Board or Federal Election Commission, which oversee areas of law and policy with stark partisan and ideological stakes,” Matthew wrote. “This is partly because FERC justifies decisions on electricity and natural gas policy with reference to ‘technical expertise.’” In the near term, that won’t mean much since the current leadership of FERC and the NRC are closely aligned with the Trump administration. But in an era of eroding institutional trust, the new dynamic could eat away at the credibility of key regulators.
In Texas, regulators are weighing challenges to a transmission line from landowners who say the wires follow a route that unnecessarily intersects with their properties. In North Dakota, however, utility regulators last week passed that point, instead issuing a route permit for a controversial high-voltage transmission line in the eastern half of the state. Utilities first proposed the route for the 92-mile JETx line last summer. “This decision, as with any other decision, has to be based on the law, and then the record and the facts of the case,” Public Service Commissioner Jill Kringstad told the North Dakota Monitor.
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U.S. emissions surged 3.2% last year on the back of a 13% spike in coal-fired power generation, a sign of soaring demand for electricity. Still, solar offered a bright spot, growing by 28% last year. That’s all according to the latest data from the Energy Institute’s annual Statistical Review of World Energy. But the big takeaways were in fossil fuels. Among them: The U.S. remains the world’s top producer of oil and gas, and Canada has consolidated its positions as the world’s No. 4 driller of crude. As a result, “the center of gravity of global oil supply has structurally shifted,” Wafa Jafri, the British lead for energy and natural resource strategy at the accounting giant KPMG, said in a statement. “The Americas now produce 20% more oil than the Middle East, a shift that would have been unthinkable at the start of the century.”
Meanwhile, small-scale solar is making an impact in New York. New analysis by the Energy Information Administration shows that electricity demand falls midday in the state, a phenomenon the agency attributes to the rise of small solar installations in the state. The merits of distributed solar are even more obvious in places like Pakistan, where the grid is prone to going down. The country added a whopping 27 gigawatts of rooftop solar between 2023 and 2025, according to new data in PV Tech.
Just building intermittent renewables without storage is going out of fashion. Investment behemoth Brookfield Asset Management now says that contracts that pair new generation with battery storage are replacing pure renewables deals. In an interview with Bloomberg, Arnaud Jouvin, the head of Brookfield’s global energy strategy, said customers increasingly demand access to solar or wind systems with batteries. “There’s a lot of renewables being built in many markets, and the attractiveness of these renewable megawatt-hours in the middle of the day is declining to a point where many large offtakers no longer want standalone solar,” he said.

If the U.S. had hoped to secure the minerals it needs from Latin America instead of China, it may have to reconsider at least two Andean nations. Bolivia is in the midst of fierce protests and boycotts designed to thwart the new government’s efforts to develop a private mining industry. Now one of Ecuador’s mineral agencies has suffered a bomb attack. Early Monday morning, a bomb went off at the Quito headquarters of the country’s mining regulator, Arcom, blowing out several floors of windows.
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Current conditions: Tropical Storm Fay just became the sixth named storm of the 2026 Atlantic hurricane season, but it’s not expected to make landfall • A new tropical storm is brewing in the Pacific, threatening Mexico with flooding and dangerous swells • It’s a hot, sunny day in Tzfat, the mountain enclave in Israel known for giving rise to the Jewish mystic movement of Kabbalah, where much of the population is marking Yom Kippur, the holiest day of the year for Jews.

When Denmark fell to the Nazi blitzkrieg in April 1940, the still-neutral United States — fearing a German military expansion into North America — invaded the Danish kingdom’s island territory of Greenland. After the war ended, as part of the North Atlantic Treaty Organization, Washington and Copenhagen agreed to a mutual defense pact that granted the U.S. the right to build and maintain military bases across the world’s largest island. Now President Donald Trump has announced an update to that agreement that would permanently bar foreign adversaries such as China or Russia from setting up rival bases in Greenland, “completely addressing all of our many U.S. concerns.” In a post on his Truth Social platform Friday evening, the president said the U.S. would have veto power over any foreign military base or “sensitive investments” in Greenland. “For over 100 years, presidents have known the strategic importance of Greenland, but none of them were able to do anything about it,” Trump said. “I am proud to be the president that permanently and conclusively addressed this very important situation.” British Prime Minister Andy Burnham hailed the deal as a win for Arctic security. “You had an agreement already,” one Greenlander told CBS News in Nuuk, the capital. “Why not just put more troops here? It’s a little weird.”
The move comes a month after the Greenlandic government rebuked a Trump-linked company called Greenland Energy that has told investors it plans to drill exploratory wells seeking oil. Just two weeks ago, a U.S. company called Greenland Mines inked a deal to buy the Sarfartoq Rare Earths Project in southwest Greenland for over $35 million. But for all the hype over the potential to extract minerals from lands recently made accessible by retreating glaciers, the logistics of producing and exporting material out of the rugged North continue to represent a significant hurdle to commercialization.
The Trump administration is reviewing proposals for at least a dozen data centers and related infrastructure projects on federal lands spanning at least six states. The Bureau of Land Management is considering applications for at least 17,600 acres of public land across Arizona, Idaho, Nevada, Oregon, Utah, and Wyoming, according to right-of-way proposals reviewed by The Washington Sun. Valar Atomics, the next-generation microreactor developer, later confirmed to the news outlet that it had submitted an application for survey access at a 10,200-acre site in Utah, but said it had abandoned the plans.
Three-quarters of Americans now oppose nearby data center construction, according to Heatmap Pro polling. In response, the Trump administration has sought to speed up construction by using federal lands that aren’t subject to the whims of local and state officials. That effort began with a proposal to site a project at a former Department of Energy nuclear weapons site in Kentucky.
The hundreds of millions of gallons of toxic wastewater the fracking industry has disposed of in Ohio over the years is now bubbling to the surface. That’s happening in a literal sense: As The New York Times exposed in a July investigation, wastewater thought to contain radioactive materials is spewing from injection wells meant to store it underground indefinitely. It’s also happening in a figurative sense, with the state’s toxic import now becoming a political issue. Last week, Democratic gubernatorial candidate Amy Acton pledged to back a moratorium on fracking wastewater disposal during a campaign stop in Marietta, a town where the water has been resurfacing, according to the latest reporting from the nation’s newspaper of record.
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For much of my lifetime, flat electricity demand meant that transformers — the devices that works like locks in a canal to keep electricity flowing smoothly along distribution wires and step the intense voltage down to the levels needed to flow into your home — were in low but predictable demand, too. That’s all changed. The grid is aging, and the U.S. is finally doing something about it, which means swapping out old transformers for now ones. At the same time, increasingly frequent extreme weather is wiping out dozens of transformers at a time, forcing big bulk orders after a disaster. And data centers and electrification are hiking demand even higher. Meanwhile, manufacturers have struggled to keep pace, wrangling with costly assembly line upgrades, uncertain regulations, and high tariffs.
Now, however, factories are getting up and running. As my colleague Katie Brigham wrote in April, a whole new wave of startups is promising to innovate the industry. And more industrial behemoths are investing in more capacity. Hitachi Energy plans to more than double its U.S. production capacity of small- and medium-sized power transformers with a new, $528 million factory in Mississippi, Utility Dive reported last week.
The world’s biggest battery maker is betting that the U.S. market will still have plenty of demand for stuff made in China. CATL, based in Fujian province, has developed new battery technology for American pickup trucks despite U.S. tariffs all but banning Chinese automotive equipment and other electronics over security concerns. The company told the Financial Times the batteries had already been tested by U.S. carmakers, but did not specify which ones. The remarks came ahead of Sunday’s meeting between U.S. Treasury Secretary Scott Bessent and his Chinese counterpart He Lifeng in New York, where trade was a top issue. That discussion set the stage for talks in Washington between Trump and Chinese President Xi Jinping, which are scheduled for Thursday.
The fleet of electric vehicles powered by CATL batteries in China can now depend on a slightly cleaner grid. The People’s Republic brought its 61st power reactor online last week. The Changjiang-3 reactor — a Hualong One, the country’s flagship designed that cribs from America’s Westinghouse AP1000 — entered into commercial operation, according to NucNet.
California’s big virtual power plant experiment just notched a record. During the heatwave on September 9, Sunrun and Tesla dispatched more than 580 megawatts of peak power to the California grid, making “the largest distributed power plant dispatch event on record.” That’s enough capacity to power all households in Sacramento County during peak hours. “Sunrun’s distributed home batteries are operating at a scale larger than many peaker power plants combined,” Sunrun CEO Mary Powell said in a statement. “Families depend on their Sunrun energy systems for outage protection and energy independence. This historic dispatch shows that the benefits of distributed energy go well beyond individual households as we help control the cost of electricity for all Californians and reduce the need for new costly poles and wires.”
1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.
2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.
3. Pulaski County, Arkansas – Entergy has dropped the lawsuit it filed against an Arkansas newspaper over the publication of a power deal with Google.
4. Darlington County, South Carolina – We conclude this week’s Hotspots with a focus on a GOP-leaning county rejecting a renewables moratorium.
A conversation with Sam Lyman of the Bitcoin Policy Institute.
This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.
I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.
Let’s start with the data center dividend proposal. Walk my readers through it.
Data center dividends came from the idea that, ideally in the AI revolution, we want all Americans to benefit. Especially rural Americans. You look at the landscape today, the majority of AI data centers are being built in rural America. It’s critical they’ll benefit from the massive wealth AI will unlock.
There’s lots of ways to make that happen. People point to the jobs AI data centers will build out, for example. But with data center dividends, we take the logic of the Alaska Permanent Fund and we apply it to America’s rural counties, which are sitting on a proverbial gold mine right now but lack any kind of public mechanism allowing them to benefit from that in a maximal way.
If you look at the tax revenue these data centers create, which is astronomical, how do we distribute this tax revenue in a way where it has the most tangible impact on the families living there? We believe data center dividends are the best way to do that – after allocating money for schools, public safety, and infrastructure, it allows these counties with tens of millions of dollars left over to distribute them as they see fit. They should distribute that money to the men and women who make those data centers happen in the first place.
The most effective form of a dividend would take a direct payment: a cash payment, a physical check, a direct deposit. Or the form of credits paying back property taxes, utility bills, an endowment for scholarships. There’s a number of different forms this can take.
Hopefully this gets the conversation going about how we can make these work for everybody.
Who do you want to see set up this dividend mechanism? How’s your approach to implementation?
The report is addressed to county commissioners. I’m thinking of commissioners who represent both sides of the political spectrum facing this huge backlash. Many of them want to do good by their communities and their voters, even if it means doing a data center, in places where it’s difficult to explain right now. Dividends make this indisputably clear.
I tried to put myself in the shoes of an enterprising county commissioner who sees the merits in the data center buildout and wants to break out of the political storm. It’s important to note data centers can be a huge economic boon for communities, in ways that can impact lives positively.
Have any communities – counties, as you noted – taken this idea up yet? Are there any models for this proposal?
The best analogue is West Feliciana, Louisiana, which is the case study we feature. West Feliciana made an agreement with a data center developer where in lieu of taxes, they make direct payments of about $90 million a year to the parish. That triples the community’s tax budget every year. It leaves ample room not only for essential services but dividends afterwards. Louisiana then passed a law – Act 434 – that allowed West Feliciana to remit some of those payments to residents as a tax credit. This bill first provided the opportunity for the parish to even remit those payments as cash, but it was changed in the legislature to make it a credit. That’s the closest we’ve gotten so far.
As far as reaching out to individual counties, we’re a think tank. We put ideas into the universe. We haven’t had anyone reach out to us since the publication of the report so far but we’re hoping they will.
Your report does lay out how there’s a bottleneck in development and this could help with easing it. Do you see an impetus to put ideas like the dividend out there right now, in light of the increased data center scrutiny in this year’s midterms?
Our publication is irrespective of the midterms. But it is tied to the fact that a bottleneck facing the data center buildout includes it becoming a politicized issue. We’re of the belief these projects shouldn't be political at all. One way to break through the noise is by showing how they can benefit those involved in construction and residents who live there. Data centers are critical infrastructure; other forms of critical infrastructure aren’t being politicized. Our efforts are to demonstrate how these shouldn’t be political.
When it comes to the future of AI data center regulation, this proposal is obviously geared towards incentivizing a resolution to the bottleneck through using resources produced from data centers – namely, new investment.
Where does your organization stand on the increased push for environmental or siting regulation on AI data centers?
I’m not familiar with what you might be referring to there.
I mean, there’s all kinds of proposals at the federal level and in states for everything from being required to pay for infrastructure upgrades to being required to use closed-loop cooling to siting restrictions, like temporary moratoria.
What I’m asking is, what else do you as an organization believe when it comes to regulating AI data center development at the federal level? State level?
We believe data centers should work for the communities where they’re being built. That’s important. So the concept of BYOP – Bring Your Own Power – we very much support that idea. We think the Ratepayer Protection Pledge is a great proposal because ultimately we want data centers, with them being critical infrastructure, to not only strengthen our national security but strengthen the communities where they’re being built.
Some states are rejecting data centers. We think that’s a mistake because it's something that’ll ultimately short-change the people who live there. For the states that do decide to build data centers, it's up to them what regulations make data centers more sustainable over time.
There’s increased public discussion for policy on AI development – as an organization, do you see any role in the federal government making policy here with a national data center law?
We think AI will be key to America’s prosperity over the long-term. We have concerns about the regulation of open-source artificial intelligence; bitcoin is a form of open-source software and open-source money. We believe intelligence should be something available to all Americans. That’s our concern with talk about regulating AI right now, it feels like a ploy for regulatory capture.
But what about national policy on AI data centers? Does your think tank support the national legislature doing a federal data center bill or is that something best for localities or states?
It depends on the bill. Are you talking about Sen. Bernie Sanders’ national moratorium?