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A conversation with Frank Maisano of Bracewell

Today’s Q&A is with Frank Maisano, one of the most sought-after energy lobbyists in Washington. Maisano, a Beltway veteran who has worked in Congress as well, has a long history with me that goes back to the earliest days of my environmental reporting career. So when I helped author a story for Heatmap this week about the budget risks to the Inflation Reduction Act, he reached out and asked if he could give me his take: that our reporting missed the mark.
Naturally, I asked if I could publish the whole thing in my newsletter, because what good is a lobbyist’s words if they aren’t written down? The following is an abridged version of our conversation, lightly edited for clarity.
Frank, once again, thanks for taking the time to reach out and tell us why we’re wrong. Let’s start with my burning question: tell me why?
Well I don’t know that everything you wrote about is wrong, but I think historical perspective is important here. Unfortunately when you’re as old as I am, and have been involved in this game as long as I have, you know from things that happened before that everything is not new again.
When I worked on the Appropriations Committee in 1994, 1995 and Republicans took over with House Speaker Newt Gingrich, many of these types of budget-cutting plans were in place. At the time, Republicans didn’t have total control because Clinton was president, but Project 2025 isn’t just Project 2025. It was Project 2005. It was Project 1985. The Heritage Foundation has been making these proposals every year for the 40 years I’ve been around. I’d just want to remind people of the operational historical context for how Congress works and how folks have been trying to do this for years.
I was talking to somebody the other day and I said, Talk to me in December of this year. Because in December of this year, a lot of this hyperbolic symbolism and walking people out of agencies — all of this will be over. Congress will have spoken and we’ll have a better sense of the true direction they’re going in.
I’m not going to say there won’t be significant cuts. I suspect there will be reductions in government spending. But it’s certainly not going to be as harried, frantic, and news-splashed as we’re seeing now.
Do you actually think these Republicans who signed onto a letter defending the Inflation Reduction Act will stand by these statements when a final bill comes for a vote?
Are you asking if the 21 will stand by the statements?
Yeah, I mean, the point of our story was to say the budget math matters more than that and there’ll be a choice between tax cuts and saving more of the IRA.
Like I said, when we went through this in 1994, you would think the budget math mattered more, but it never does. Once people start lobbying and start advocating for their own constituencies, local projects, I think you’re going to see a significant trimming of the attitude.
There’s a few people who, budget be damned, will be in the ‘let’s cut everything’ book. I don’t think that’s a majority of the [Republican] caucus, though, especially when you look at provisions of the IRA. There are many provisions of the IRA that are how Republicans have done energy policy for years. There were provisions in the bipartisan infrastructure law that were how Republicans have done energy policy for years.
Has every Republican supported it? No. Are there certain loud voices on the budget hawk side? Absolutely. Do either of those sides have a full measure of support that’s going to pull someone like a tug of war over to the other side? Most likely not. There’s going to have to be an internal party agreement but also an internal congressional agreement which I think will tend to pull this budget hawk-ness further away from the absolute spending cuts they want to impose.
Do you think the administration’s views on wind, solar, or battery storage deployment will matter when it comes to the fate of the IRA?
They may have a specific view. But a lot of it is out of their hands. The market has made decisions already. Utilities, investor-owned, even rural co-op utilities have made decisions already in balancing their generation sources.
I don’t think any sort of administration policy to X one off or close it out is probably that viable. Especially in the sense where we need all the energy we can get.
Demand takes control of the policy levers. We saw this with the Biden administration on oil and gas where they tried mightily to reduce our output, but then 2022 came around and they felt compelled to push more development and then we had record development under the Biden administration.
I think we’re going to see similar energy trends in this administration with the policy levers the administration is less interested in. Let me give you an example: I think offshore wind is going to still be able to play a role in meeting that energy demand. Look at what’s happening in the Northeast, and in Virginia, where they have incredible energy demand projections. Offshore wind along with natural gas along with some nuclear are [together] going to play a role in how we meet that demand in the future. Even if the administration pushes back on offshore wind, [Republican Virginia Gov.] Glenn Youngkin sees it as a part of his mix and that is a powerful force. I see that offsetting some of the policy push preferences this administration might have.
I know in the ‘90s you were involved in navigating this, but I’m still wondering after all this if the budget math we brought up in our story and parliamentary procedure will matter…
It certainly does matter and it’s certainly one way to look at it. But Congress has a way of coming to a deal.
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What happens when one of energy’s oldest bottlenecks meets its newest demand driver?
Often the biggest impediment to building renewable energy projects or data center infrastructure isn’t getting government approvals, it’s overcoming local opposition. When it comes to the transmission that connects energy to the grid, however, companies and politicians of all stripes are used to being most concerned about those at the top – the politicians and regulators at every level who can’t seem to get their acts together.
What will happen when the fiery fights on each end of the wire meet the broken, unplanned spaghetti monster of grid development our country struggles with today? Nothing great.
The transmission fights of the data center boom have only just begun. Utilities will have to spend lots of money on getting energy from Point A to Point B – at least $500 billion over the next five years, to be precise. That’s according to a survey of earnings information published by think tank Power Lines on Tuesday, which found roughly half of all utility infrastructure spending will go toward the grid.
But big wires aren’t very popular. When Heatmap polled various types of energy projects last September, we found that self-identified Democrats and Republicans were mostly neutral on large-scale power lines. Independent voters, though? Transmission was their second least preferred technology, ranking below only coal power.
Making matters far more complex, grid planning is spread out across decision-makers. At the regional level, governance is split into 10 areas overseen by regional transmission organizations, known as RTOs, or independent system operators, known as ISOs. RTOs and ISOs plan transmission projects, often proposing infrastructure to keep the grid resilient and functional. These bodies are also tasked with planning the future of their own grids, or at least they are supposed to – many observers have decried RTOs and ISOs as outmoded and slow to respond. Utilities and electricity co-ops also do this planning at various scales. And each of these bodies must navigate federal regulators and permitting processes, utility commissions for each state they touch, on top of the usual raft of local authorities.
The mid-Atlantic region is overseen by PJM Interconnection, a body now under pressure from state governors in the territory to ensure the data center boom doesn’t unnecessarily drive up costs for consumers. The irony, though, is that these governors are going to be under incredible pressure to have their states act against individual transmission projects in ways that will eventually undercut affordability.
Virginia, for instance – known now as Data Center Alley – is flanked by states that are politically diverse. West Virginia is now a Republican stronghold, but was long a Democratic bastion. Maryland had a Republican governor only a few years ago. Virginia and Pennsylvania regularly change party control. These dynamics are among the many drivers behind the opposition against the Piedmont Reliability Project, which would run from a nuclear plant in Pennsylvania to northern Virginia, cutting across spans of Maryland farmland ripe for land use conflict. The timeline for this project is currently unclear due to administrative delays.
Another major fight is brewing with NextEra’s Mid-Atlantic Resiliency Link, or MARL project. Spanning four states – and therefore four utility commissions – the MARL was approved by PJM Interconnection to meet rising electricity demand across West Virginia, Virginia, Maryland and Pennsylvania. It still requires approval from each state utility commission, however. Potentially affected residents in West Virginia are hopping mad about the project, and state Democratic lawmakers are urging the utility commission to reject it.
In West Virginia, as well as Virginia and Maryland, NextEra has applied for a certificate of public convenience and necessity to build the MARL project, a permit that opponents have claimed would grant it the authority to exercise eminent domain. (NextEra has said it will do what it can to work well with landowners. The company did not respond to a request for comment.)
“The biggest problem facing transmission is that there’s so many problems facing transmission,” said Liza Reed, director of climate and energy at the Niskanen Center, a policy think tank. “You have multiple layers of approval you have to go through for a line that is going to provide broader benefits in reliability and resilience across the system.”
Hyperlocal fracases certainly do matter. Reed explained to me that “often folks who are approving the line at the state or local level are looking at the benefits they’re receiving – and that’s one of the barriers transmission can have.” That is, when one state utility commission looks at a power line project, they’re essentially forced to evaluate the costs and benefits from just a portion of it.
She pointed to the example of a Transource line proposed by PJM almost 10 years ago to send excess capacity from Pennsylvania to Maryland. It wasn’t delayed by protests over the line itself – the Pennsylvania Public Utilities Commission opposed the project because it thought the result would be net higher electricity bills for folks in the Keystone State. That’s despite whatever benefits would come from selling the electricity to Maryland and consumer benefits for their southern neighbors. The lesson: Whoever feels they’re getting the raw end of the line will likely try to stop it, and there’s little to nothing anyone else can do to stop them.
These hyperlocal fears about projects with broader regional benefits can be easy targets for conservation-focused environmental advocates. Not only could they take your land, the argument goes, they’re also branching out to states with dirtier forms of energy that could pollute your air.
“We do need more energy infrastructure to move renewable energy,” said Julie Bolthouse, director of land use for the Virginia conservation group Piedmont Environmental Council, after I asked her why she’s opposing lots of the transmission in Virginia. “This is pulling away from that investment. This is eating up all of our utility funding. All of our money is going to these massive transmission lines to give this incredible amount of power to data centers in Virginia when it could be used to invest in solar, to invest in transmission for renewables we can use. Instead it’s delivering gas and coal from West Virginia and the Ohio River Valley.”
Daniel Palken of Arnold Ventures, who previously worked on major pieces of transmission reform legislation in the U.S. Senate, said when asked if local opposition was a bigger problem than macro permitting issues: “I do not think local opposition is the main thing holding up transmission.”
But then he texted me to clarify. “What’s unique about transmission is that in order for local opposition to even matter, there has to be a functional planning process that gets transmission lines to the starting line. And right now, only about half the country has functional regional planning, and none of the country has functional interregional planning.”
It’s challenging to fathom a solution to such a fragmented, nauseating puzzle. One solution could be in Congress, where climate hawks and transmission reform champions want to empower the Federal Energy Regulatory Commission to have primacy over transmission line approvals, as it has over gas pipelines. This would at the very least contain any conflicts over transmission lines to one deciding body.
“It’s an old saw: Depending on the issue, I’ll tell you that I’m supportive of states’ rights,” Representative Sean Casten told me last December. “[I]t makes no sense that if you want to build a gas pipeline across multiple states in the U.S., you go to FERC and they are the sole permitting authority and they decide whether or not you get a permit. If you go to the same corridor and build an electric transmission that has less to worry about because there’s no chance of leaks, you have a different permitting body every time you cross a state line.”
Another solution could come from the tech sector thinking fast on its feet. Google for example is investing in “advanced” transmission projects like reconductoring, which the company says will allow it to increase the capacity of existing power lines. Microsoft is also experimenting with smaller superconductor lines they claim deliver the same amount of power than traditional wires.
But this space is evolving and in its infancy. “Getting into the business of transmission development is very complicated and takes a lot of time. That’s why we’ve seen data centers trying a lot of different tactics,” Reed said. “I think there’s a lot of interest, but turning that into specific projects and solutions is still to come. I think it’s also made harder by how highly local these decisions are.”
Plus more of the week’s biggest development fights.
1. Franklin County, Maine – The fate of the first statewide data center ban hinges on whether a governor running for a Democratic Senate nomination is willing to veto over a single town’s project.
2. Jerome County, Idaho – The county home to the now-defunct Lava Ridge wind farm just restricted solar energy, too.
3. Shelby County, Tennessee - The NAACP has joined with environmentalists to sue one of Elon Musk’s data centers in Memphis, claiming it is illegally operating more than two dozen gas turbines.
4. Richland County, Ohio - This Ohio county is going to vote in a few weeks on a ballot initiative that would overturn its solar and wind ban. I am less optimistic about it than many other energy nerds I’ve seen chattering the past week.
5. Racine County, Wisconsin – I close this week’s Hotspots with a bonus request: Please listen to this data center noise.
A chat with Scott Blalock of Australian energy company Wärtsilä.
This week’s conversation is with Scott Blalock of Australian energy company Wärtsilä. I spoke with Blalock this week amidst my reporting on transmission after getting an email asking whether I understood that data centers don’t really know how much battery storage they need. Upon hearing this, I realized I didn’t even really understand how data centers – still a novel phenomenon to me – were incorporating large-scale battery storage at all. How does that work when AI power demand can be so dynamic?
Blalock helped me realize that in some ways, it’s more of the same, and in others, it’s a whole new ballgame.
The following chat was lightly edited for clarity.
So help me understand how the battery storage side of your business is changing due to the rise in data center development.
We’re really in the early stages for energy storage. The boom is really in generation – batteries aren’t generators. They store, they shift, they smooth power, but they don’t generate the power from fuel. In this boom right now, everyone is trying to find either grid connections or on-site power generation. Those are the longest lead time items – they take a while – so we’re still in the early stages of those types of projects coming back and saying, we need to start procuring batteries. We need to start looking at the controls and how everything’s going to work together. That’s still a little bit in the future.
Are you seeing people deploy batteries responsibly, in an integrated way, or is it people unsure what they need?
There’s definitely uncertainty as to what they need. The requirements are still hard to nail down. A lot of the requirements come from the load curve of the AI workloads they’re doing, and that’s still a bit of a moving target. It’s the importance of knowing the whole system and planning that out in the modeling space.
The biggest space of all this is the load profile. Without a load profile, there’s uncertainty about what you’re going to need –
When you say load profile, what do you mean?
The AI workload. The GPUs. The volatility. In a synchronized training load, all of the GPUs are generally doing the same thing at the same time. They all reach a pause state at the same time, and you’re close to full power on the data center, and then they say, okay now we go idle. It has a little bit of a wait and then starts back up again.
It’s that square wave, very sharp changes in power – that’s the new challenge of an AI data center. That’s one of the new uses of BESS that’s being added compared to the traditional data center doing data storage. They’re more stable which use less power and are more stable.
The volatility is where some of the friction comes in, and that has to be handled by some technology.
So what you’re telling me is that data center developers do not know how much they need in terms of battery storage? Simply put, they don’t know how much power they need?
Traditionally, utility-scale batteries – the projects we’ve been doing – come from a PPA, an interconnect agreement. There’s something in place where they know exactly how many batteries they can install. They know how many megawatts they’re allowed to install. Then they come to us and they say, I need a 4-megawatt battery for two hours. Tell me how many batteries you’re going to give me.
In a data center, they don’t know that first number. They don’t know how many megawatts they need. So that’s the first question: well, how big of a battery do you need?
If you have a 1-gigawatt data center that means the load change is 60% of that – 600 megawatts is the step up-and-down. The starting point is 600 megawatts for two hours. That’s the starting point that’ll cover being able to take care of that volatility. The duration is a part of it, too. From there you get into more detailed studies.
When it comes to transmission, how much of a factor is it in how much storage a data center needs?
The first thing is whether it’s connected at all. The battery is a shock absorber for the whole system. If you are grid-connected, the BESS is still a stability asset – it’s still improving the power quality and stability at an interconnect. If you’re doing on-site generation, it becomes vital because you have only one system being controlled.
As far as when you talk about permitting and transmission, the details of that don’t really play that much into the BESS, but it’s tangentially related. The BESS is an important part of how you handle that situation. Whether you get to interconnect or not, it’s an extremely important asset in that mix.
With respect to the overall social license conversation, how does battery storage fit into the conversations around energy bills and strain on the grid?
Bias aside, I think it’s the most important piece.
If you look at the macro scale, it’s like transitioning to renewables where they’re intermittent; batteries turn intermittent generation from renewables into firm, dispatchable power. It’s still not going to be available all the time – you’re not going to turn a solar plant into a 24-hour baseload plant – but a battery allows you to shift the energy. It greatly alleviates the problem.
The other aspect is it’s a stability asset. The short version of that is you have big thermal plants – rotating metal masses that have momentum to them that stabilize everything on the grid. As you take those offline, the coal plants and the gas plants, the grid itself loses that inertia so it is more susceptible to spikes and failures because of small events. Batteries are able to synthesize that inertia.