Chris Kirby quoted by E&E News on Texas Data Center Regulation and ERCOT's Batch Zero Projects

Chris Kirby, partner in the firm’s Energy Practice, was quoted in E&E News about legal and regulatory issues surrounding Texas' growing data center industry and the timing of potential legislative action affecting new development. 

The article, "Push to Regulate Texas Data Centers Crimped by Calendar," published on July 6, 2026, examines how a new wave of large load projects, known as "Batch Zero", is expected to move through ERCOT's interconnection process before the Texas Legislature is scheduled to consider additional regulatory requirements. 

Chris explained that, absent a special legislative session, the earliest new data center regulations could take effect would likely be April or May 2027—too late to affect the Batch Zero interconnection studies.

"Even in that case, the Batch Zero studies would be finished," E&E Quoted Chris as saying. "I would be surprised if [bills passed in 2027] applied to the Batch Zero projects."

He also noted that while future reporting requirements related to water or electricity usage could apply to projects already underway, more substantive construction or siting requirements would be far less likely to apply retroactively.

"I think Gov. Abbott's [letter] he put out on June 10, it doesn't appear to call for retroactive laws, it calls for prospective laws," Chris was quoted as saying.

The article also explores the legal and business implications of retroactive regulation for projects that have already made significant investments. Chris emphasized that data center developers are committed to supporting reliable grid operations while continuing to invest in Texas.

"My clients are working in good faith and they want to keep Texas' grid safe and don't want to cause issues with Texas ratepayers," he said.

Chris advises clients throughout the Electric Reliability Council of Texas (ERCOT) region on transactional, public policy and legislative matters. Chris works on all aspects of transactional matters in the ERCOT market, including significant power plant acquisitions. Chris also represents market participants before the Public Utility Commission of Texas and ERCOT in compliance matters, rulemaking proceedings and in contested cases. 

In addition, Chris worked in the Texas Legislature for three legislative sessions and assists clients in a variety of legislative matters, including providing expert testimony at legislative committee hearings and bill drafting.