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The president set an August deadline to deliver guidance for companies trying to qualifying for clean energy tax credits. Four months later — and two weeks before new rules are set to kick in — they’re still waiting.

The One Big Beautiful Bill Act included a morass of new rules for companies trying to claim clean energy tax credits. Some of the most restrictive go into effect January 1 — in other words, in about two weeks. And yet the Trump administration has yet to publish guidance clarifying what companies will need to do to comply, leaving them largely in the dark about how future projects will ultimately pencil out.
At a high level, the rules constrain supply chain options for clean energy developers and manufacturers. Any wind, solar, battery, geothermal, nuclear, or other type of clean generation project that starts construction in the new year — as well as any factory that produces parts for these industries in the new year — and wants to claim the tax credits will have to purge their products and facilities of components sourced from “foreign entities of concern.”
Foreign entities of concern, or FEOCs, are companies that are “owned by, controlled by, or subject to the jurisdiction” of foreign adversaries of the United States — namely China, Russia, Iran, and North Korea.
Companies are already subject to rules under the OBBBA that require them to prove that neither they themselves, nor their projects, are influenced or “effectively controlled” by FEOCs. These requirements, too, lack formal guidance from the Treasury, although tax credit experts told me it was somewhat easier to guess at how to comply with them.
Still, this is all a big new costly headache for developers. Before the OBBBA, the only tax credit that came with such constraints was the consumer subsidy for electric vehicles. Companies developing clean energy generation or manufacturing projects in the U.S. could acquire materials, seek out investment, or buy technology licenses from anyone they wanted and still get federal subsidies. Now obtaining the latter two from Chinese entities is effectively banned.
Come January 1, companies will still be able to source materials from China, but only to a degree. Say you’re a battery storage developer that’s trying to qualify for the 48e clean electricity investment tax credit. Starting next year you’ll have to not just ensure but also document that no more than 45% of the value of the material inputs to the project come from a Chinese owned or influenced company. The rules tighten over time, going down to 25% after 2029. (For other types of clean power generation, the starting threshold is 60%.)
All of that would be difficult enough. But the law itself didn’t specify how to calculate that percentage, leaving it up to the Treasury department to provide further instructions. A few days after signing the OBBBA in July, President Trump issued an executive order directing the Secretary of the Treasury to issue guidance for the FEOC restrictions within 45 days of the law’s enactment. That put the due date in mid-August, which came and went with no clarity for clean energy companies.
Storage developers aren’t sure whether they can base their calculations on the value of finished battery cells, for example, or if they’ll also need to consider the origins and values of subcomponents like anodes and cathodes, or even the critical minerals within those parts.
The Treasury Department did not respond to emailed questions about an updated timeline.
“The further upstream you go, the more difficult,” Mike Hall, the CEO of Anza Renewables, a supply chain data and analytics firm, told me. “That’s one of the fears that I’ve heard. You go upstream enough, then it just becomes impossible, at least in the short term.” China currently dominates the supply chain for batteries, controlling more than 95% of global production of key minerals like manganese and graphite and cell components like lithium-iron-phosphate cathodes and anodes.
In the interim, developers are allowed to follow instructions issued by the Biden administration for tallying up the amount of domestic content in a project and apply the same method to calculate the ratio of FEOC-produced materials. But that won’t work for everyone, David Burton, a partner at the law firm Norton Rose Fulbright, told me, since that earlier document only covers wind, solar, and battery generation projects. For companies deploying fuel cells, geothermal power, or renewable natural gas, for instance, “it’s really just, you know, a coin toss as to how the rules are going to work,” he said.
Beckett Woodworth, a manager of federal credits and incentives at the advisory firm Baker Tilly, told me that another point of confusion is whether tariffs must be included in the calculation. Incorporating the cost of tariffs would inflate the value of any products sourced from China, making it much more difficult to meet the prescribed threshold.
All this uncertainty — and the ultimate guidance itself — matters more for some project types than others. Few large-scale wind and solar developers, for instance, will have to contend with the FEOC material restrictions.
That’s because wind and solar farms face another deadline on July 4 of next year. If they start construction before that date, they will have four years to connect to the grid and still be eligible for the investment or production tax credits, known as ITC and PTC. If they start construction after that date, however, they’ll have to race to become operational before 2028 in order to remain eligible. While smaller projects like rooftop and community solar might be able to work within that timeline, it’s likely impossible for utility-scale projects.
“For large-scale projects, if you don’t get started by next July, you’re not going to hit the ITC deadline anyway,” Hall told me. That means most wind and solar developers only really have to worry about complying with the FEOC rules for the next six months.
Many wind and solar developers will already have their hands full come January 1, and may not even try to add more during that six-month period. Everyone I spoke to told me that companies have been racing to safe harbor as many projects as possible before the rules take effect in the new year. According to a safe harbor provision published by the Treasury in August, developers can claim they “started construction” this year as long as they completed “physical work of a significant nature” before January 1. That could include paving a road at a project site or simply placing an order for a major piece of equipment, like a transformer.
“The industry will have a backlog of safe harbored projects to work on,” Burton said. “It’s going to take a while to work through that backlog and actually have this be a problem.” He shared a research note with me from Roth Capital Partners, an investment bank, which forecast that utility-scale solar would continue to grow year-on-year in 2026 and 2027, largely due to the volume of safe-harbored projects. (This prediction was also based on the assertion that there was “potential for a relaxing of the Trump permitting chokehold,” a reference to the administration’s effective moratorium on solar projects requiring federal approvals.)
The picture is a little different for other types of generation and for clean energy manufacturing, because tax credits for those projects extend for several more years. In the energy research firm Wood Mackenzie’s latest U.S. Energy Storage Monitor report, it wrote that storage installations could drop by 10% in 2027 due to uncertainty over the pending FEOC regulations. “Projects that are not safe harbored in 2025 are at risk if additional FEOC-compliant supply does not materialize in the near-term,” the report says.
Hall said that ultimately, the FEOC rules would probably be a bigger issue for manufacturing projects than for power generation, since many U.S. solar and battery factories have some amount of Chinese ownership or licensing deals with Chinese companies. A number of U.S. solar manufacturers have already started to sell their Chinese ownership stakes, according to the trade magazine Solar Power World. And that’s without knowing exactly what the rules will compel them to do.
The biggest open question in all this is whether the Trump administration will use the FEOC guidance as another opportunity to shut down the clean energy industries it doesn’t like. It’s possible to write a version of the rules that make the tax credits impossible to claim, Burton told me, but he’s optimistic that won’t happen. The subsidies’ Republican defenders in Congress, including Senators Chuck Grassley and Susan Collins, would “have a fit,” he said. “So I don't think they're gonna be vindictive about it.”
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It’s either reassure investors now or reassure voters later.
Investor-owned utilities are a funny type of company. On the one hand, they answer to their shareholders, who expect growing returns and steady dividends. But those returns are the outcome of an explicitly political process — negotiations with state regulators who approve the utilities’ requests to raise rates and to make investments, on which utilities earn a rate of return that also must be approved by regulators.
Utilities have been requesting a lot of rate increases — some $31 billion in 2025, according to the energy policy group PowerLines, more than double the amount requested the year before. At the same time, those rate increases have helped push electricity prices up over 6% in the last year, while overall prices rose just 2.4%.
Unsurprisingly, people have noticed, and unsurprisingly, politicians have responded. (After all, voters are most likely to blame electric utilities and state governments for rising electricity prices, Heatmap polling has found.) Democrat Mikie Sherrill, for instance, won the New Jersey governorship on the back of her proposal to freeze rates in the state, which has seen some of the country’s largest rate increases.
This puts utilities in an awkward position. They need to boast about earnings growth to their shareholders while also convincing Wall Street that they can avoid becoming punching bags in state capitols.
Make no mistake, the past year has been good for these companies and their shareholders. Utilities in the S&P 500 outperformed the market as a whole, and had largely good news to tell investors in the past few weeks as they reported their fourth quarter and full-year earnings. Still, many utility executives spent quite a bit of time on their most recent earnings calls talking about how committed they are to affordability.
When Exelon — which owns several utilities in PJM Interconnection, the country’s largest grid and ground zero for upset over the influx data centers and rising rates — trumpeted its growing rate base, CEO Calvin Butler argued that this “steady performance is a direct result of a continued focus on affordability.”
But, a Wells Fargo analyst cautioned, there is a growing number of “affordability things out there,” as they put it, “whether you are looking at Maryland, New Jersey, Pennsylvania, Delaware.” To name just one, Pennsylvania Governor Josh Shapiro said in a speech earlier this month that investor-owned utilities “make billions of dollars every year … with too little public accountability or transparency.” Pennsylvania’s Exelon-owned utility, PECO, won approval at the end of 2024 to hike rates by 10%.
When asked specifically about its regulatory strategy in Pennsylvania and when it intended to file a new rate case, Butler said that, “with affordability front and center in all of our jurisdictions, we lean into that first,” but cautioned that “we also recognize that we have to maintain a reliable and resilient grid.” In other words, Exelon knows that it’s under the microscope from the public.
Butler went on to neatly lay out the dilemma for utilities: “Everything centers on affordability and maintaining a reliable system,” he said. Or to put it slightly differently: Rate increases are justified by bolstering reliability, but they’re often opposed by the public because of how they impact affordability.
Of the large investor-owned utilities, it was probably Duke Energy, which owns electrical utilities in the Carolinas, Florida, Kentucky, Indiana, and Ohio, that had to most carefully navigate the politics of higher rates, assuring Wall Street over and over how committed it was to affordability. “We will never waver on our commitment to value and affordability,” Duke chief executive Harry Sideris said on the company’s February 10 earnings call.
In November, Duke requested a $1.7 billion revenue increase over the course of 2027 and 2028 for two North Carolina utilities, Duke Energy Carolinas and Duke Energy Progress — a 15% hike. The typical residential customer Duke Energy Carolinas customer would see $17.22 added onto their monthly bill in 2027, while Duke Energy Progress ratepayers would be responsible for $23.11 more, with smaller increases in 2028.
These rate cases come “amid acute affordability scrutiny, making regulatory outcomes the decisive variable for the earnings trajectory,” Julien Dumoulin-Smith, an analyst at Jefferies, wrote in a note to clients. In other words, in order to continue to grow earnings, Duke needs to convince regulators and a skeptical public that the rate increases are necessary.
“Our customers remain our top priority, and we will never waver on our commitment to value and affordability,” Sideris told investors. “We continue to challenge ourselves to find new ways to deliver affordable energy for our customers.”
All in all, “affordability” and “affordable” came up 15 times on the call. A year earlier, they came up just three times.
When asked by a Jefferies analyst about how Duke could hit its forecasted earnings growth through 2029, Sideris zeroed in on the regulatory side: “We are very confident in our regulatory outcomes,” he said.
At the same time, Duke told investors that it planned to increase its five-year capital spending plan to $103 billion — “the largest fully regulated capital plan in the industry,” Sideris said.
As far as utilities are concerned, with their multiyear planning and spending cycles, we are only at the beginning of the affordability story.
“The 2026 utility narrative is shifting from ‘capex growth at all costs’ to ‘capex growth with a customer permission slip,’” Dumoulin-Smith wrote in a separate note on Thursday. “We believe it is no longer enough for utilities to say they care about affordability; regulators and investors are demanding proof of proactive behavior.”
If they can’t come up with answers that satisfy their investors, ultimately they’ll have to answer to the voters. Last fall, two Republican utility regulators in Georgia lost their reelection bids by huge margins thanks in part to a backlash over years of rate increases they’d approved.
“Especially as the November 2026 elections approach, utilities that fail to demonstrate concrete mitigants face political and reputational risk and may warrant a credibility discount in valuations, in our view,” Dumoulin wrote.
At the same time, utilities are dealing with increased demand for electricity, which almost necessarily means making more investments to better serve that new load, which can in the short turn translate to higher prices. While large technology companies and the White House are making public commitments to shield existing customers from higher costs, utility rates are determined in rate cases, not in press releases.
“As the issue of rising utility bills has become a greater economic and political concern, investors are paying attention,” Charles Hua, the founder and executive director of PowerLines, told me. “Rising utility bills are impacting the investor landscape just as they have reshaped the political landscape.”
Plus more of the week’s top fights in data centers and clean energy.
1. Osage County, Kansas – A wind project years in the making is dead — finally.
2. Franklin County, Missouri – Hundreds of Franklin County residents showed up to a public meeting this week to hear about a $16 billion data center proposed in Pacific, Missouri, only for the city’s planning commission to announce that the issue had been tabled because the developer still hadn’t finalized its funding agreement.
3. Hood County, Texas – Officials in this Texas County voted for the second time this month to reject a moratorium on data centers, citing the risk of litigation.
4. Nantucket County, Massachusetts – On the bright side, one of the nation’s most beleaguered wind projects appears ready to be completed any day now.
Talking with Climate Power senior advisor Jesse Lee.
For this week's Q&A I hopped on the phone with Jesse Lee, a senior advisor at the strategic communications organization Climate Power. Last week, his team released new polling showing that while voters oppose the construction of data centers powered by fossil fuels by a 16-point margin, that flips to a 25-point margin of support when the hypothetical data centers are powered by renewable energy sources instead.
I was eager to speak with Lee because of Heatmap’s own polling on this issue, as well as President Trump’s State of the Union this week, in which he pitched Americans on his negotiations with tech companies to provide their own power for data centers. Our conversation has been lightly edited for length and clarity.
What does your research and polling show when it comes to the tension between data centers, renewable energy development, and affordability?
The huge spike in utility bills under Trump has shaken up how people perceive clean energy and data centers. But it’s gone in two separate directions. They see data centers as a cause of high utility prices, one that’s either already taken effect or is coming to town when a new data center is being built. At the same time, we’ve seen rising support for clean energy.
As we’ve seen in our own polling, nobody is coming out looking golden with the public amidst these utility bill hikes — not Republicans, not Democrats, and certainly not oil and gas executives or data center developers. But clean energy comes out positive; it’s viewed as part of the solution here. And we’ve seen that even in recent MAGA polls — Kellyanne Conway had one; Fabrizio, Lee & Associates had one; and both showed positive support for large-scale solar even among Republicans and MAGA voters. And it’s way high once it’s established that they’d be built here in America.
A year or two ago, if you went to a town hall about a new potential solar project along the highway, it was fertile ground for astroturf folks to come in and spread flies around. There wasn’t much on the other side — maybe there was some talk about local jobs, but unemployment was really low, so it didn’t feel super salient. Now there’s an energy affordability crisis; utility bills had been stable for 20 years, but suddenly they’re not. And I think if you go to the town hall and there’s one person spewing political talking points that they've been fed, and then there’s somebody who says, “Hey, man, my utility bills are out of control, and we have to do something about it,” that’s the person who’s going to win out.
The polling you’ve released shows that 52% of people oppose data center construction altogether, but that there’s more limited local awareness: Only 45% have heard about data center construction in their own communities. What’s happening here?
There’s been a fair amount of coverage of [data center construction] in the press, but it’s definitely been playing catch-up with the electric energy the story has on social media. I think many in the press are not even aware of the fiasco in Memphis over Elon Musk’s natural gas plant. But people have seen the visuals. I mean, imagine a little farmhouse that somebody bought, and there’s a giant, 5-mile-long building full of computers next to it. It’s got an almost dystopian feel to it. And then you hear that the building is using more electricity than New York City.
The big takeaway of the poll for me is that coal and natural gas are an anchor on any data center project, and reinforce the worst fears about it. What you see is that when you attach clean energy [to a data center project], it actually brings them above the majority of support. It’s not just paranoia: We are seeing the effects on utility rates and on air pollution — there was a big study just two days ago on the effects of air pollution from data centers. This is something that people in rural, urban, or suburban communities are hearing about.
Do you see a difference in your polling between natural gas-powered and coal-powered data centers? In our own research, coal is incredibly unpopular, but voters seem more positive about natural gas. I wonder if that narrows the gap.
I think if you polled them individually, you would see some distinction there. But again, things like the Elon Musk fiasco in Memphis have circulated, and people are aware of the sheer volume of power being demanded. Coal is about the dirtiest possible way you can do it. But if it’s natural gas, and it’s next door all the time just to power these computers — that’s not going to be welcome to people.
I'm sure if you disentangle it, you’d see some distinction, but I also think it might not be that much. I’ll put it this way: If you look at the default opposition to data centers coming to town, it’s not actually that different from just the coal and gas numbers. Coal and gas reinforce the default opposition. The big difference is when you have clean energy — that bumps it up a lot. But if you say, “It’s a data center, but what if it were powered by natural gas?” I don’t think that would get anybody excited or change their opinion in a positive way.
Transparency with local communities is key when it comes to questions of renewable buildout, affordability, and powering data centers. What is the message you want to leave people with about Climate Power’s research in this area?
Contrary to this dystopian vision of power, people do have control over their own destinies here. If people speak out and demand that data centers be powered by clean energy, they can get those data centers to commit to it. In the end, there’s going to be a squeeze, and something is going to have to give in terms of Trump having his foot on the back of clean energy — I think something will give.
Demand transparency in terms of what kind of pollution to expect. Demand transparency in terms of what kind of power there’s going to be, and if it’s not going to be clean energy, people are understandably going to oppose it and make their voices heard.