Republicans and Democrats, environmental groups and the oil and gas industry all oppose the temporary sites. Photo via uh.edu

The Supreme Court will hear arguments Wednesday in a fight over plans to store nuclear waste at sites in rural Texas and New Mexico.President Joe Biden's administration and a private company with a license for the Texas facility appealed a ruling by the 5th U.S. Circuit Court of Appeals that found that the Nuclear Regulatory Commission exceeded its authority in granting the license. The outcome of the case will affect plans for a similar facility in New Mexico roughly 40 miles away.

On this issue, President Donald Trump's administration is sticking with the views of its predecessor, even with Texas Gov. Greg Abbott, a Republican ally of Trump, on the other side.

The push for temporary storage sites is part of the complicated politics of the nation’s so far futile quest for a permanent underground storage facility.

Here's what to know about the case.

Where is spent nuclear fuel stored now?

Roughly 100,000 tons of spent fuel, some of it dating from the 1980s, is piling up at current and former nuclear plant sites nationwide and growing by more than 2,000 tons a year. The waste was meant to be kept there temporarily before being deposited deep underground.

A plan to build a national storage facility northwest of Las Vegas at Yucca Mountain has been mothballed because of staunch opposition from most Nevada residents and officials.

The Nuclear Regulatory Commission has said that the temporary storage sites are needed because existing nuclear plants are running out of room. The presence of the spent fuel also complicates plans to decommission some plants, the Justice Department said in court papers.

Where would it go?

The NRC granted the Texas license to Interim Storage Partners LLC for a facility that could take up to 5,000 metric tons of spent nuclear fuel rods from power plants and 231 million tons of other radioactive waste. The facility would be built next to an existing dump site in Andrews County for low-level waste, such as protective clothing and other material that has been exposed to radioactivity. The Andrews County site is about 350 miles west of Dallas, near the Texas-New Mexico state line.

The New Mexico facility would be in Lea County, in the southeastern part of the state near Carlsbad. The NRC gave a license for the site to Holtec International.

The licenses would allow for 40 years of storage, although opponents contend the facilities would be open indefinitely because of the impasse over permanent storage.

Political opposition is bipartisan

Republicans and Democrats, environmental groups and the oil and gas industry all oppose the temporary sites.

Abbott is leading Texas' opposition to the storage facility. New Mexico Democratic Gov. Michelle Lujan Grisham also is opposed to the facility planned for her state.

A brief led by Republican Texas Sen. Ted Cruz on behalf of several lawmakers calls the nuclear waste contemplated for the two facilities an “enticing target for terrorists” and argues it's too risky to build the facility atop the Permian Basin, the giant oil and natural gas region that straddles Texas and New Mexico.

Elected leaders of communities on the routes the spent fuel likely would take to New Mexico and Texas also are opposed.

What are the issues before the court?

The justices will consider whether, as the NRC argues, the states forfeited their right to object to the licensing decisions because they declined to join in the commission’s proceedings.

Two other federal appeals courts, in Denver and Washington, that weighed the same issue ruled for the agency. Only the 5th Circuit allowed the cases to proceed.

The second issue is whether federal law allows the commission to license temporary storage sites. Opponents are relying on a 2022 Supreme Court decision that held that Congress must act with specificity when it wants to give an agency the authority to regulate on an issue of major national significance. In ruling for Texas, the 5th Circuit agreed that what to do with the nation’s nuclear waste is the sort of “major question” that Congress must speak to directly.

But the Justice Department has argued that the commission has long-standing authority to deal with nuclear waste reaching back to the 1954 Atomic Energy Act.

U.S. Congressman Jake Ellzey made the announcement in Dallas last week. Photo courtesy of Google

Google to invest $1B in clean energy, data center tech in Texas

money moves

Google is making a big investment in Texas to the tune of $1 billion.

According to a news release from the company, the tech giant will spend more than $1 billion to support its cloud and data center infrastructure and expand its commitment to clean energy.

The $1 billion will be spent on data center campuses in Midlothian and Red Oak to help meet growing demand for Google Cloud, AI innovations, and other digital products and services such as Search, Maps, and Workspace.

In addition to its data center investment, Google has also forged long-term power purchase agreements with Houston-based Engie, as well as Madrid-based entities Elawan, Grupo Cobra, and X-ELIO for solar energy based in Texas. Together, these new agreements are expected to provide 375 MW of carbon-free energy capacity, which will help support Google’s operations in Texas.

These agreements were facilitated through LEAP (LevelTen Energy’s Accelerated Process), which was co-developed by Google and LevelTen Energy to make sourcing and executing clean energy PPAs more efficient, and contributes to the company’s ambitious 2030 goal to run on 24/7 carbon-free energy on every grid where it operates.

The company has contracted with energy partners to bring more than 2,800 megawatts (MW) of new wind and solar projects to the state. Google’s CFE percentage in the ERCOT grid region, which powers its Texas data centers, nearly doubled from 41 percent in 2022 to 79 percent in 2023.

The initiatives were announced at a conference in Midlothian on August 15, attended by business leaders and politicians including U.S. Congressman Jake Ellzey, Google Cloud VP Yolande Piazza, Ted Cruz, and Citi CIO Shadman Zafar.

The Dallas cloud region is part of Google Cloud's global network of 40 regions that delivers services to large enterprises, startups, and public sector organizations.

In a statement, Piazza said that "expanding our cloud and data center infrastructure in Midlothian and Red Oak reflects our confidence in the state's ability to lead in the digital economy."

Data centers are the engines behind the growing digital economy. Google has helped train more than 1 million residents in digital skills through partnerships with 590 local organizations, including public libraries, chambers of commerce, and community colleges.

In addition to its cloud region and Midlothian data center, Google has offices in Austin, Dallas, and Houston. The new Google’s total investment in Texas to more than $2.7 billion.

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This article originally ran on CultureMap.

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Buoyed by $1.3B sales backlog, microgrid company ERock files for IPO

eyeing ipo

Another energy company in Houston is going public amid a flurry of energy IPOs.

Houston-based ERock Inc., which specializes in utility-grade onsite microgrid systems for data centers and other customers, has filed paperwork with the U.S. Securities and Exchange Commission (SEC) to sell its shares on the New York Stock Exchange.

The ERock filing follows the recent $1.9 billion IPO of Houston-based Fervo Energy, a provider of geothermal power that’s now valued at $7.7 billion.

Another Houston energy company, EagleRock Land, just went public in a $320 million IPO that values the company at $3 billion. EagleRock owns or controls about 236,000 acres in the Permian Basin, earning money from royalties, fees, easements, water services and other revenue streams tied to drilling on its land.

According to Barron’s, more than a dozen energy and energy-related companies in the U.S. have gone public since the beginning of 2025, with the bulk of the IPOs happening this year.

ERock’s SEC filing doesn’t identify the per-share pricing range for the IPO or the number of Class A shares to be offered. ERock is a portfolio company of Energy Impact Partners, a New York City-based venture capital and private equity firm that invests in energy companies.

The company previously did business as Enchanted Rock. ERock Inc., formed in January, will function as a holding company that controls predecessor company ER Holdings Ltd.

In 2025, ERock generated revenue of $183.1 million, up 42.5 percent from the previous year, according to the IPO filing. It recorded a net loss of $59 million last year.

As of March 31, ERock boasted a sales backlog of nearly $1.3 billion, up 779 percent on a year-over-year basis. The company attributes most of that increase to greater demand from data centers.

The company primarily serves the power needs of data centers, utilities, industrial facilities, and commercial buildings. Its biggest markets are Texas and California.

“Several U.S. markets, such as Texas and California, face especially acute reliability risks,” ERock says in the SEC filing. “Texas already shows rapid load-growth pressures tied to data centers and industrial expansion, while California faces grid congestion, long interconnection queues, and above-average vulnerability to extreme heat- and weather-driven outages.”

Since its founding in 2018, ERock has installed microgrid systems at more than 400 sites with a capacity of about 1,000 megawatts. Customers include ComEd, Foxconn, H-E-B, Microsoft and Walmart.

By the end of this year, the company plans to expand its production of microgrid systems to a capacity of about 1.2 gigawatts with the opening of its Hyperion facility in Houston.

John Carrington leads ERock as CEO. He joined ER Holdings last year as chairman and CEO. Carrington previously was CEO of Houston-based Stem, a public company that offers AI-enabled clean energy software and services. Earlier, he spent 16 years at General Electric.

Houston investment firm closes $105M energy venture fund

seeing green

Houston-based investment firm Veriten has announced the initial close of its second flagship energy venture fund with more than $105 million in capital commitments.

Fund II will build on Veriten’s initial fund and aim to support “scalable technology solutions for energy, power and industrial applications,” according to a company news release.

"Our differentiated network, research-driven process, and first principles approach to investing are having an impact across multiple verticals including traditional energy, electrification, and industrial technology. Fund II builds on that platform,” John Sommers, partner, investments at Veriten, added in the release. “In this environment, the differentiator isn't capital – it's all about connectivity, deep sector expertise, and an economically-driven approach. As new technologies and approaches develop at breakneck speed, the need for more reliable, affordable energy and power continues to grow dramatically. The current backdrop accentuates the need for Veriten's solution."

Veriten is supported by over 50 strategic partnerships in the energy, power, industrial and technology sectors, including major players like Halliburton and Phillips 66.

"Veriten continues to build a differentiated platform at the intersection of energy, technology and industry expertise," Jeff Miller, chairman and CEO of Halliburton, said in the release. "We were early believers in the team and their ability to identify practical solutions to real challenges across the energy value chain. As all industries increasingly adopt digital tools, automation and AI-enabled technologies to improve performance and execution, we are proud to partner with Veriten again to help accelerate high-impact solutions across the broader energy landscape."

Veriten closed its debut fund, NexTen LP, of $85 million in committed capital in October 2023. It was launched in January 2022 by Maynard Holt, co-founder and former CEO of the energy investment bank Tudor, Pickering, Holt & Co.

It has invested in Houston-based AI-powered electricity analytics provider Amperon and led a $12 million Seed 2 funding round for Houston-based Helix Technologies to scale manufacturing of its energy-efficient commercial HVAC add-on earlier this year. In the past year it has contributed to funding rounds for San Francisco-based Armada and Calgary-based Veerum.

Veriten also named Nick Morriss as its new managing director earlier this month. Morriss most recently served as vice president of business development at next-generation nuclear technology company Natura Resources and spent nearly 20 years at NOV Inc.

Houston energy expert asks: Who pays when AI outruns the power grid?

Guets Column

For most of the past 20 years, U.S. electricity policy relied on predictable trends in demand. Electricity use, in most regions, increased gradually, forecasts were stable, and utilities adjusted the system in small steps. Power plants, transmission lines, and substations were generally added to reflect shifts in load, rather than growth, and costs were recovered through modest adjustments to customer bills.

Growth in AI data centers has disrupted this model. A single facility can add as much electricity demand as a small town. That demand comes all at once, runs continuously, and has little tolerance for outages. If electricity service drops even briefly, computation stops, and services shut down. Ironically, data centers need reliable service, a point that their emergence is driving concern around for the rest of the grid.

What the numbers say

The International Energy Agency projects global electricity consumption from data centers to double by 2030, reaching roughly 945 TWh, nearly 3 percent of global electricity demand, with consumption growing about 15 percent per year this decade. McKinsey projects that U.S. data center demand alone could grow 20–25 percent per year, with global capacity demand more than tripling by 2030.

After years of roughly 0.5 percent annual demand growth, many forecasts now place total U.S. electricity demand growth closer to 2–3 percent per year through the mid-2030s, with much higher growth in specific regions. In Texas, some forecasters are saying electricity demand could double over the next five years, a staggering 10 percent per year growth rate. What sounds incremental on paper translates into a major challenge on the ground. Meeting this pace of growth is estimated to require $250–$300 billion per year in grid investment, about double what the system has been absorbing.

Where the system starts to strain

The strain appears first in the interconnection queue. It shows up as long waits, backlogs, and delays for connecting new loads and new generation.

Before new generators or large load customers can be connected, a study is required to assess their impact on the grid, whether it can physically handle the added load, and whether upgrades are required. With AI-driven data centers, utilities face far more connection requests than they can realistically support. In ERCOT, large-load interconnection requests exceed 200 gigawatts, most tied to data centers. That amount exceeds historical norms, and it is several times larger than what can be practically studied or built in the near term.

To be clear, public utility commissions are required to study these requests because they must manage system capabilities to ensure minimal disruption. This means engineers spend time evaluating projects that may never be built, while other more commercially viable projects may wait longer for approvals. This extends timelines and makes infrastructure planning less reliable.

Why policymakers are rethinking the rules

Utilities and their regulators must decide how much generation, transmission, and substation capacity to build years before it comes online. Those decisions are based on expected demand at the time projects are approved. When it comes to data centers, by the time infrastructure is completed, they may end up deploying newer, more efficient chips that use less power than originally assumed. This can result in grid infrastructure built for a higher load than what actually materializes, leaving excess capacity that still must be paid for through system-wide rates.

That’s the central dilemma. If utilities build too little capacity, the system operates with less reserve margin. During periods of grid stress, operators have fewer options, increasing the likelihood of curtailments or outages. However, if utilities build too much, customers may be asked to pay for infrastructure that is not fully used.

In response, policymakers are adjusting the rules. In some regions, regulators are moving toward bring-your-own-power approaches that require large data centers to supply or fund part of the capacity needed to serve them or reduce demand during system stress. At the federal level, permitting reforms tied to datacenter infrastructure increasingly treat electricity as a strategic economic input.

As Ken Medlock, senior director at the Baker Institute Center for Energy Studies (CES), explains:

“Many of the planned data centers are now also adding behind-the-meter options to their development plans because they do not anticipate being able to manage their needs solely from the grid, and they certainly cannot do so with only intermittent power sources.”

Behind-the-meter (BTM) refers to power that a consumer controls on its side of the utility meter, such as on-site gas generation or a dedicated power plant. These resources allow data centers to keep operating during grid-related service. Most facilities remain connected to the grid, but the backup BTM generation serves as insurance for operating their core business.

This shifts responsibility. Utilities traditionally manage reliability across all customers by maintaining an operating reserve margin, or spare capacity. Increasingly, large-load customers manage part of their own electricity reliability needs, which changes how infrastructure is planned and how risk is distributed.

Bottom line

AI-driven load growth is arriving faster and in more concentrated places than the power system was built to accommodate. Utilities and regulators are being forced to make decisions sooner than planned about where to build, how fast to build, and which customers get priority when capacity is limited. The effects extend beyond data centers, showing up in system costs, reliability margins, competition for grid access, and pressure on communities and industries that depend on affordable and dependable power. The issue is not whether electricity can be generated, but how the costs and risks of rapid demand growth are distributed as the system tries to keep up. How regulators balance these decisions will determine who pays as AI demand outruns the power grid.

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Scott Nyquist is a senior advisor at McKinsey & Company and vice chairman, Houston Energy Transition Initiative of the Greater Houston Partnership. The views expressed herein are Nyquist's own and not those of McKinsey & Company or of the Greater Houston Partnership. This article originally appeared on LinkedIn.