Troutman Sanders associate Andy Flavin authored an article published in Law360 titled “Getting State Approvals for Energy Storage Siting.” In the article, Andy explains why energy storage developers should carefully assess whether their project requires approval from state siting regulators and the possible implications. He wrote:

States normally require utilities and other developers to obtain siting approval before beginning construction of traditional utility infrastructure like power plants and electric transmission lines. Depending on the state, these approvals may be known as “certificates of public convenience and necessity,” “certificates of public good” or some variation thereof.

Many state siting laws were implemented decades ago, but few have been sufficiently updated to reflect recent technological developments and public policy priorities. This raises an important question: Are energy storage facilities subject to state siting requirements as generation or transmission facilities?

To read the article in full, click here.