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A conversation with Nikhil Kumar of GridLab

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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The Army Corps of Engineers is out to protect “the beauty of the Nation’s natural landscape.”
A new Trump administration policy is indefinitely delaying necessary water permits for solar and wind projects across the country, including those located entirely on private land.
The Army Corps of Engineers published a brief notice to its website in September stating that Adam Telle, the Assistant Secretary of the Army for Civil Works, had directed the agency to consider whether it should weigh a project’s “energy density” – as in the ratio of acres used for a project compared to its power generation capacity – when issuing permits and approvals. The notice ended on a vague note, stating that the Corps would also consider whether the projects “denigrate the aesthetics of America’s natural landscape.”
Prioritizing the amount of energy generation per acre will naturally benefit fossil fuel projects and diminish renewable energy, which requires larger amounts of land to provide the same level of power. The Department of the Interior used this same tactic earlier in the year to delay permits.
Now we know the full extent of the delays wrought by that notice thanks to a copy of the Army Corps’ formal guidance on issuing permits under the Clean Water Act or approvals related to the Rivers and Harbors Act, a 1899 law governing discharges into navigable waters. That guidance was made public for the first time in a lawsuit filed in December by renewable trade associations against Trump’s actions to delay, pause, or deny renewables permits.
The guidance submitted in court by the trade groups states that the Corps will scrutinize the potential energy generation per acre of any permit request from an energy project developer, as well as whether an “alternative energy generation source can deliver the same amount of generation” while making less of an impact on the “aquatic environment.” The Corps is now also prioritizing permit applications for projects “that would generate the most annual potential energy generation per acre over projects with low potential generation per acre.”
Lastly, the Corps will also scrutinize “whether activities related to the projects denigrate the beauty of the Nation’s natural landscape” when deciding whether to issue these permits. That last factor – aesthetics – is in fact a part of the Army Corps’ permitting regulations, but I have not seen any previous administration halt renewable energy permits because officials think solar farms and wind turbines are an eyesore.
Jennifer Neumann, a former career Justice Department attorney who oversaw the agency’s water-related casework with the Army Corps for a decade, told me she had never seen the Corps cite aesthetics in this way. The issue has “never really been litigated,” she said. “I have never seen a situation where the Corps has applied [this].”
The renewable energy industry’s amended complaint in the lawsuit, which is slowly proceeding in federal court, claims the Corps’ guidance will lead to “many costly project redesigns” and delays, “resulting in contract penalties, cost hikes, and deferred revenue.” Other projects “may never get their Corps individual permits and thus will need to be canceled altogether.”
In addition, executives for the trade associations submitted a sworn declaration laying out how they’re being harmed by the Corps guidance, as well as a host of other federal actions against the renewable energy sector. To illustrate those harms they laid out an example: French energy developer ENGIE, they said, was required to “re-engineer” its Empire Prairie wind and solar farm in Missouri because the guidance “effectively precludes” it from getting a permit from the Army Corps. This cost ENGIE millions of dollars, per the declaration, and extended the construction timeline while ultimately also making the project less efficient.
Notably, Empire Prairie is located entirely on private land. It isn’t entirely clear from the declaration why the project had to be redesigned, and there is scant publicly available information about it aside from a basic website. The area where Empire Prairie is being built, however, is tricky for development; segments of the project are located in counties – DeKalb and Andrew – that have 88 and 99 opposition risk scores, respectively, per Heatmap Pro.
Renewable energy developers require these water permits from the Army Corps when their construction zone includes more than half an acre of federally designated wetlands or bodies of water protected under the Rivers and Harbors Act. Neumann told me that developers with impacts of half an acre or less may skirt the need for a permit application if their project qualifies for what’s known as a “nationwide permit,” which only requires verification from the Corps that a company complies with the requirements.
Even the simple verification process for Corps permits has been short-circuited by other actions from the administration. Developers are currently unable to access a crucial database overseen by the Fish and Wildlife Service to determine whether their projects impacts species protected under the Endangered Species Act, which in turn effectively “prevents wind and solar developers from (among other things) obtaining Corps nationwide permits for their projects,” according to the declaration from trade group executives.
But hey, look on the bright side. At least the Trump administration is in the initial phases of trying to pare back federal wetlands protections. So there’s a chance that eliminating federal environmental protections might benefit some solar and wind companies out there. How many? It’s quite unclear given the ever-changing nature of wetlands designations and opaque data available on how many projects are being built within those areas.
Dane County, Wisconsin – The QTS data center project we’ve been tracking closely is now dead, after town staff in the host community of DeForest declared its plans “unfeasible.”
Marathon County, Wisconsin – Elsewhere in Wisconsin, this county just voted to lobby the state’s association of counties to fight for more local control over renewable energy development.
Huntington County, Indiana – Meanwhile in Indiana, we have yet another loud-and-proud county banning data centers.
DeKalb County, Georgia – This populous Atlanta-adjacent county is also on the precipice of a data center moratorium, but is waiting for pending state legislation before making a move.
New York – Multiple localities in the Empire State are yet again clamping down on battery storage. Let’s go over the damage for the battery bros.
A conversation with Georgia Conservation Voters’ Connie Di Cicco.
This week’s conversation is with Connie Di Cicco, legislative director for Georgia Conservation Voters. I reached out to Connie because I wanted to best understand last November’s Public Service Commission elections which, as I explained at the time, focused almost exclusively on data center development. I’ve been hearing from some of you that you want to hear more about how and why opposition to these projects has become so entrenched so quickly. Connie argues it’s because data centers are a multi-hit combo of issues at the top of voters’ minds right now.
The following conversation has been lightly edited for clarity.
So to start off Connie, how did we get here? What’s the tale of the tape on how data centers became a statewide election issue?
This has been about a year and a half-long evolution to where we are now. I started with GCV in about June of 2024 and I worked both the electoral and political sides. That meant I was working with PSC candidates.
People in other states have been dealing with data centers longer than we have and we’ve been taking our learnings from what they’ve been dealing with. We’ve been fortunate to be able to have them as resources.
There has been a coalition that has developed nationally and we have several groups that have developed within that coalition space who have helped us develop our site fight organizing, policy guidebooks, and legislative resources. It has been a tremendous assist to what we’re doing on the ground, because this is an ever-evolving situation. Almost like dealing with a virus or bacteria because it keeps mutating; as soon as you develop a tactic, the data centers react to that and you have to pivot, think of something else, and come up with a new strategy or tactic.
That’s been the last year and a half from the past summer to now. We worked on the Public Service Commission, flipping two seats this past legislative session. Now we have two more seats on the PSC looming in this next electoral year.
The next question I would ask is related to the role you view data centers will play in the coming election. Why do you think data centers are coming up? Help me understand what it is about data centers that has turned it into a potent political subject?
Georgia was in a really unique position in 2025 to have data centers at the forefront of the election. They were the only thing state-wide on the ballot because the PSC election was the only thing on the ballot. For the most part, Georgia has set up what is unique to Georgia: districted seats that the entire state can vote on. You have to live in the district to run for it but the entire state votes on it. And that meant we could message to the entire state what the PSC was, why it was important, and how it was going to affect people. Once you did that you were inevitably talking about data centers because that messaging became focused on affordability.
Once people understand what a PSC commissioner is, they know they regulate what you pay on your utility bill. If your bills are too high now, because the current PSC commissioners raised your rates six times in the past two years, there are more rate hikes looming in the future because of data centers. This is what’s coming.
Those were dots that were very easy for voters to connect.
We also had in the background and then the foreground data centers coming to people’s communities. Suddenly, random people were educated. They knew about closed-loop versus open-loop systems. They were asking questions suddenly about where water was coming from and why they didn’t know about these projects before they’re at the next local commission meeting. They’re telling me its only 50 decibels of noise. Are they going to cause cancer? The number of questions were tremendous and extremely sophisticated. People had been hearing about them, reading about them, and were knowledgeable until they connected all the dots.
You’re bringing up a really important phenomenon that, I’ll say, I’ve noticed when it comes to renewable energy projects and the opposition to projects: the populism I’ve seen in communities I’ve covered for the last year and a half here at Heatmap. So as someone who is trying to communicate against data center development but still trying to promote renewable energy, how do you walk that tightrope from a canvassing standpoint?
It’s a good question. Data centers are already coming. How we talk about data centers is, if they’re going to be here they need to be good neighbors.
We have made it open season here in Georgia. We left our credit card on the counter and said don’t do anything stupid only for us to come home and see there’s nothing left. What did you expect? There’s tax incentives for the data centers, there are no ordinances, they’ve allowed them to use our resources. They’ve come here because of our resources and our land and our access to fiber optics. Until we wrap our arms around it and put up some safeguards, and create rules for our teenagers when we go on Spring Break, then we can’t get a handle on how many of these are even going to be here and how much energy will be needed to power them.
We need to make limits. If you want incentives, okay – 30% of it needs to be green. If you want to build in a community, then okay – part of a CBA means you have to put up solar. They can be clean but we have to get a handle on protecting our resources, protecting the land and protecting our communities.
Do you see a change in the near-term when it comes to bringing data center development towards what you’d like to see, as opposed to just outright moratoria? Where is this opposition movement heading in Georgia?
We are just in the beginning phases of this. We see a lot of local opposition to data centers – 900 people coming out to county commissions. Like, we’re seeing unprecedented numbers.
What’s important is that power still rests with the elected officials. Unless they’re scared of losing power, it’s hard to actually change the rules. I think this state legislative session is going to be really important–
So how involved do you get at the local level on these data center fights?
So, those elected officials are on different schedules but people are showing up to meetings. We’re currently helping them organize and showing them best practices.
Now, I can’t dictate their messaging for them, because that’s county by county and the best people to do that are the people who live there, but we help coach them, tell them to pick a personal story, say how to show up, and wear bright-colored shirts. We have an entire tool kit that shows them the ABCs and 123s of organizing. What has worked in the past from other groups around the country for other groups to fight back.
But each county is different. Some counties may need the tax revenue. There’s a chance you may need one. So we say Georgians need to value Georgia and their resources need to be protected. We say, you need a solid community benefits agreement, this is what you should ask for and you need a lawyer.
Our position here is to help them get the resources and get connected. We pull from a lot of different sources and places who have been in this fight a lot longer.