While utility companies and critical infrastructure companies have focused on digital sabotage and cybersecurity over the past few years, such companies must remain cognizant about continued risks of physical sabotage.
New Federal Pipeline Safety Regulations Present Work-Product Concerns
As of October 6, 2022, operators of gas and hazardous liquid pipelines must comply with the Pipeline and Hazardous Materials Safety Administration’s (“PHMSA”) Final Rule on “Valve Installation and Minimum Rupture Detection Standards.”[1] The Rule codifies several related design and performance standards across 49 C.F.R. Parts 192 and 195. Those standards largely apply to new or replacement onshore gas transmission pipelines.[2] Now, however, the Rule impacts gas distribution pipeline operators in two significant ways. First, the Rule requires operators to implement and maintain certain emergency notification requirements.[3] Second, the Rule obligates operators to develop, implement, and incorporate “lessons learned” from a post-failure or incident review into their written procedures.[4] Unfortunately for operators, the second requirement illustrates the growing challenge operators face in ensuring that internal investigations remain protected by the work-product privilege.
Continue Reading New Federal Pipeline Safety Regulations Present Work-Product Concerns
Gov. Kathy Hochul Releases New York’s Third Competitive Offshore Wind RFP Solicitation
On July 27, 2022, New York Gov. Kathy Hochul announced the release of the state’s third offshore wind solicitation. With this request for proposals (RFP), New York looks to secure at least 2,000 MW of additional offshore wind power generation — expanding on New York’s already approximately 4,300 MW generation portfolio and further positioning the state to meet its goal of at least 9,000 MW of offshore wind by 2035.
Continue Reading Gov. Kathy Hochul Releases New York’s Third Competitive Offshore Wind RFP Solicitation
White House Launches Federal-State Offshore Wind Partnership to Supercharge Production by 2030
The White House announced a partnership on June 23, 2022, with 11 East Coast states to accelerate the growth of the United States’ offshore wind industry. The Biden administration offered the partnership to strengthen national energy security in a time of energy instability and simultaneously pursue a clean energy future.
Continue Reading White House Launches Federal-State Offshore Wind Partnership to Supercharge Production by 2030