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Speaking Engagements June 10, 2026
In the first episode of our Building the Grid series, partners Brian Harms and Brian Fineman discuss how AI and data center growth are driving unprecedented power demand, what that means for our aging transmission system, and how utilities and transmission developers can partner through structures like build–transfer agreements and co-ownership to get projects built.
Title: Building the Grid: Aligning Utilities and Developers on the Next Wave of Transmission
Speakers: Brian Fineman and Brian C. Harms
Brian Harms (00:06):
Hey, Brian. Good to be here to talk about our aging infrastructure and the need for new transmission development in the US, especially in light of the significant uptick in large load, i.e., data centers.
Brian Fineman (00:18):
Yeah, Brian, good to be with you as well.
I think if you’re reading the news these days, you’re certainly seeing a lot of stories about big technology companies interested in co-location of generation behind the meter at data center sites.
But I think in order to serve the enormous AI demand, we’re going to continue to see front-of-the-meter growth, particularly because it’s sort of an all-of-the-above strategy when it comes to bringing in different generation to serve that demand, and that obviously includes renewables. And so you’ve got to meet the generation where it is.
Brian Harms (00:53):
I think we’re going to continue to see a lot of transmission development being talked about, being pursued, because we need to bring that power from wherever it is.
Brian Fineman (01:07):
Yeah, agreed.
Brian Harms (01:09):
As you’re saying that, I think to myself, hey, where’s the solar plant going to be? It’s going to be out in the desert. Where’s the wind project going to be? It’s going to be up on a ridge. Is that where the load is? Not necessarily. Sometimes it is, sometimes it isn’t. So it’s absolutely agreed.
I see the same things in terms of data centers looking to self-build or kind of have self-generation behind the meter co-locate. I think there’s some fact to that. There’s some good reason for that, which is the transmission development timeline is a long one.
And so instead, if they feel like, “Hey, we need the power immediately,” sometimes that’s going to make more sense. But that option has become a little harder these days. It’s something that you and I have talked about many times on “The Brain Drain,” in terms of keeping these fulsome development teams on staff over long periods of time, and transmission takes a long time, and sometimes folks are moving in and out, and so it makes it a little bit more difficult to be able to do that.
Brian Fineman (02:09):
Yeah, I think that’s right. We’ve seen development timelines on transmission projects that, they’re obviously numerous years, but sometimes they’re a decade or more. And so with that type of a timeline, and in sort of the modern workforce of today, it is hard to keep continuity on a development team at a utility in that way.
I think one of the alternative structures is to work with transmission developers around build transfer agreements. These transmission developers, this is their bread and butter. It’s what they do. And a build transfer agreement allows you to have a project brought to the owner where the owner doesn’t pay until substantial completion, when the project is ready to transmit power.
And so there’s a lot of use for that, and I think that while there’s some additional costs that are incurred in that structure for the owner, and certainly there’s a developer premium, it can give more certainty to the utilities, which is valuable when you’re working in the context of dealing with public utility commissions and approvals and the ability to recover costs.
Brian Harms (03:25):
Yeah, absolutely. I think risk allocation is obviously the key. I think at the end of the day, you’ll have buyers, which are ultimately the utilities, transmission owners, transmission providers. They’ll be open to this increased cost for someone who’s actually on the ground and can kind of have that understanding of what’s going on.
Sometimes the utilities will have those same kind of maybe relationships, but not all the time. And so having one party who’s able to do that, to be able to tell them, “Hey, this is what we expect in terms of what’s going to be built.” Because there’s always the technical side, “Hey, we want this to be built.” Get that built to the expected outcome, and I think everybody pretty much becomes happy.
Brian Fineman (04:16):
Yeah, I think that’s right. Utility owners are focused on a project that’s turnkey, that’s ready to go, and so I do think they’re willing to pay for that. The costs need to be prudently incurred, and that needs to be demonstrated.
But I think one of the main advantages of a BTA is you can structure it around a firm date construct, which allows you to have a checkpoint, usually at the end of development, before the EPC contractor begins construction, where you’re checking in to make sure that the permits are in place, that the real estate’s in place, the owner was able to get their regulatory approvals.
And so there are reasons why both parties are benefited from a firm date where there are CPs that are negotiated upfront, conditions precedent, and both parties are striving to meet those, and it provides some protection for both the developer. If there are fatal flaws in the project, the developer has an off-ramp, as does the owner. And so that can be a very useful structure.
Obviously, the devil’s always in the details, and that’s what we spend a lot of time negotiating, but it is a workable structure and one which we’ve used many times.
Brian Harms (05:34):
Yeah, absolutely. I think what’s interesting is that you have that structure for risk allocation, and then a lot of times on any kind of a big project, we’ve seen it for decades in terms of big generation, you’ll see co-ownership structures of one type or another.
And it could be BTAs, it could be self-builds, it could be anything, but you see folks, that’s just another way to manage cost, to manage risk allocation. I think it’s really interesting in terms of the transmission, because you could actually look at multiple circuits and other methods to just create more benefit for co-owners in dealing with a new transmission development.
Brian Fineman (06:15):
Yeah, co-ownership structures are intriguing for a number of reasons. You can set up a co-ownership structure where you have two owners, it could be two utilities, owning transmission assets on the same line when you have a double circuit set up.
You can have a transmission developer build a double circuit and retain one of the circuits for themselves and sell the other. And then you can also have lease structures as well, so there’s a whole other pathway there.
I think when we think about sort of the value there, it allows sort of the socialization of costs, particularly when it comes to O&M expenses. There’s an ability to share those costs, and that can be very valuable when you’re talking about modeling the long-term economics of the project. And so we’ve seen an interest in that, and we’ve seen those sorts of projects moving forward as well.
So I think it really comes down to owners and transmission developers finding common ground. And there’s got to be a trust developed, and the BTA is really a mechanism to memorialize what that agreement is so that there’s a clear process to get the project to completion.
So, Brian, great talking to you on this topic today. I think it’s one that’s very salient with everything that’s going on, and look forward to talking with you on it some more.
Copyright, Troutman Pepper Locke LLP. These recorded materials are designed for educational purposes only. This podcast is not legal advice and does not create an attorney-client relationship. The views and opinions expressed in this podcast are solely those of the individual participants. Troutman does not make any representations or warranties, express or implied, regarding the contents of this podcast. Information on previous case results does not guarantee a similar future result. Users of this podcast may save and use the podcast only for personal or other non-commercial, educational purposes. No other use, including, without limitation, reproduction, retransmission or editing of this podcast may be made without the prior written permission of Troutman Pepper Locke. If you have any questions, please contact us at troutman.com.
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Leading the energy evolution.
Learn more
Staying ahead of financial services change.
Learn more
Helping you focus on what matters – improving human health.
Learn more
100+ years advising insurers and reinsurers. Troutman Pepper Locke delivers regulatory, transactional, litigation, insurtech, and cyber insurance counsel nationwide.
Learn more
Your go-to firm for middle-market private equity.
Learn more
Full-service legal advice from coast to coast.
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Applying radical applications of common sense
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Our standard-setting client experience program.
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Delivering life-changing help to those most in need.
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Our firm’s greatest asset is our people.
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Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.