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Q&A

What’s the Deal with Battery Storage Regulation?

A conversation with Nikhil Kumar of GridLab

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Nikhil Kumar, program director at GridLab
Heatmap Illustration

Today’s sit-down is with Nikhil Kumar, a program director at GridLab and an expert in battery storage safety and regulation. Kumar’s folks reached out to me after learning I was writing about Moss Landing and wanted to give his honest and open perspective on how the disaster is impacting the future of storage development in the U.S. Let’s dive in!

The following is an abridged and edited version of our conversation.

So okay – walk me through your perspective on what happened with Moss Landing.

When this incident occurred, I’d already been to Moss Landing plenty of times. It caught me by surprise in the sense that it had reoccurred – the site had issues in the past.

A bit of context about my background – I joined GridLab relatively recently, but before that I spent 20 years in this industry, often working on the integrity and quality assurance of energy assets, anything from a natural gas power plant to nuclear to battery to a solar plant. I’m very familiar with safety regulation and standards for the energy industry, writ large.

Help me understand how things have improved since Moss Landing. Why is this facility considered by some to be an exception to the rule?

It’s definitely an outlier. Batteries are very modular by nature, you don’t need a lot of overall facility to put battery storage on the ground. From a construction standpoint, a wind or solar farm or even a gas plant is more complex to put together. But battery storage, that simplicity is a good thing.

That’s not the case with Moss Landing. If you look at the overall design of these sites, having battery packs in a building with a big hall is rare.

Pretty much every battery that’s been installed in the last two or three years, industry has already known about this [risk]. When the first [battery] fire occurred, they basically containerized everything – you want to containerize everything so you don’t have these thermal runaway events, where the entire battery batch catches fire. If you look at the record, in the last two or three years, I do not believe a single such design was implemented by anybody. People have learned from that experience already.

Are we seeing industry have to reckon with this anyway? I can’t help but wonder if you’ve witnessed these community fears. It does seem like when a fire happens, it creates problems for developers in other parts of the country. Are developers reckoning with a conflation from this event itself?

I think so. Developers that we’ve talked to are very well aware of reputational risk. They do not want people to have general concern with this technology because, if you look at how much battery is waiting to be connected to the grid, that’s pretty much it. There’s 12 times more capacity of batteries waiting to be connected to the grid than gas. That’s 12X.

We should wait for the city and I would really expect [Vistra] to release the root cause investigation of this fire. Experts have raised a number of these potential root causes. But we don’t know – was it the fire suppression system that failed? Was it something with the batteries?

We don’t know. I would hope that the details come out in a transparent way, so industry can make those changes, in terms of designs.

Is there anything in terms of national regulation governing this sector’s performance standards and safety standards, and do you think something like that should exist?

It should exist and it is happening. The NFPA [National Fire Prevention Association] is putting stuff out there. There might be some leaders in the way California’s introduced some new regulation to make sure there’s better documentation, safety preparedness.

There should be better regulation. There should be better rules. I don’t think developers are even against that.

OK, so NFPA. But what about the Trump administration? Should they get involved here?

I don’t think so. The OSHA standards apply to people who work on site — the regulatory frameworks are already there. I don’t think they need some special safety standard that’s new that applies to all these sites. The ingredients are already there.

It’s like coal power plants. There’s regulation on greenhouse gas emissions, but not all aspects of coal plants. I’m not sure if the Trump administration needs to get involved.

It sounds like you're saying the existing regulations are suitable in your view and what’s needed is for states and industry to step up?

I would think so. Just to give you an example, from an interconnection standpoint, there’s IEEE standards. From the battery level, there are UL standards. From the battery management system that also manages a lot of the ins and outs of how the battery operates —- a lot of those already have standards. To get insurance on a large battery site, they have to meet a lot of these guidelines already — nobody would insure a site otherwise. There’s a lot of financial risk. You don’t want batteries exploding because you didn’t meet any of these hundreds of guidelines that already exist and in many cases standards that exist.

So, I don’t know if something at the federal level changes anything.

My last question is, if you were giving advice to a developer, what would you say to them about making communities best aware of these tech advancements?

Before that, I am really hoping Vistra and all the agencies involved [with Moss Landing] have a transparent and accountable process of revealing what actually happened at this site. I think that’s really important.

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Spotlight

A Giant Data Center Offers a Permitting Reform Test Case

What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?

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Project Jupiter.
Heatmap Illustration/Project Jupiter, Library of Congress

One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

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Hotspots

The Trump Administration Is Still Messing with Offshore Wind Farms

And more of the week’s top news around project fights.

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The United States.
Heatmap Illustration/Getty Images

1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.

  • Last Friday, in a legal case brought by anti-wind activists, the Justice Department submitted a motion in federal court to send the construction and operations plan for Orsted’s Revolution Wind project in New England back to the Interior Department for more analysis. On Wednesday, the DOJ entered a similar motion in another case challenging the construction and operations plan for U.S. Wind’s MarWin project off the coast of Maryland in a lawsuit brought by the state’s coastal community of Ocean City.
  • Trump’s actions led some to question whether the president was sabotaging the deal, and others to claim the media coverage itself was an attempt to kill it. Going further, supporters of the bipartisan bill claimed the DOJ's motions were precisely why the bill should become law, implying it would guard offshore wind farms against this sort of maneuver.
  • However, for the bill’s backers, it’s worth considering why the Trump administration believes it has the legal authority to do this. It’s also time to ask whether the bill would actually protect these wind farms against this tactic.
  • To answer those questions, you have to rewind. On May 1, 2025, the Interior Department withdrew a Biden solicitor’s opinion instructing the agency to “strike a rational balance” between wind power and fishing interests. This revocation document is technically not in effect at the moment; one year later, a federal court ruled the opinion was potentially illegal as a part of a preliminary injunction on five anti-renewables actions requested by solar and wind trade groups. The Trump administration is contesting that ruling, and the administration has filed a notice of appeal.
  • In August, despite that opinion being in doubt, a federal judge granted Trump permission under the Outer Continental Shelf Lands Act to remand the construction and operations plan for the now-defunct Atlantic Shores offshore wind farm in the waters of New Jersey. U.S. District Judge Jia Cobb specifically wrote that Atlantic Shores failed to demonstrate the federal government had limitations under OSCLA on revisiting these plans and that the injunction from the litigation on appeal “did not prohibit all reevaluation of agency action.”
  • In the recent Revolution and MarWin filings, Trump’s Justice Department argues the construction and operations plans should be remanded under OSCLA without being vacated. The DOJ motions include claims that previous decision documents did not adequately explain impacts to commercial fishing and other industries that use OSCLA waters. It’s not clear if the administration will win these motions.
  • The bipartisan permitting bill would bar the Interior Department and other federal agencies from taking “any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after September 16, 2026,” or “any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary federal authorizations and permits.” The restriction exempts cases where “the agency is required to take such action by order of a court.” As I wrote in our lengthy piece explaining the bill, this provision has a damages component that allows companies impacted by violations to pursue financial compensation.
  • Here’s the billion-dollar question I expect we won’t have answered unless the bill language is enacted and then litigated: Would the court order exception apply to rulings that grant these motions? Or would the developers be able to sue for damages?

2. Columbia County, N.Y. – New York’s renewable energy permitting office has rejected an upstate solar farm on farmland as a House Democrat representing the area joined hands with the Trump administration in publicly railing against the project.

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Q&A

The Developer that Builds Local Support with ‘Right-sized’ Data Centers

A conversation with Harmol Samra of Host Digital

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The Q&A subject.
Heatmap Illustration

This week’s conversation is with Harmol Samra, CEO of data center developer Host Digital. I asked Samra for a conversation because his team expressed a willingness to offer candid views on the industry’s problems with social license to operate — namely, why is the industry botching this so badly? From his point of view, many could learn a lot from industrial revolutions of the past, and they should be careful not to let mega-project expansions get in the way of broader acceptance of the data center sector.

The following conversation was lightly edited for clarity.

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