July’s “Winning the Race: America’s AI Action Plan,” released by the White House, contains helpful recommendations for the energy sector as the use of AI becomes more prevalent and, with it, the need for more energy. The plan recommends the use of an existing consultation and coordination process for expediting the federal permitting and review of large infrastructure projects to cover all eligible data center and data center energy projects. It also recommends optimizing existing grid resources, prioritizing the interconnection of reliable power sources, ensuring sufficient generation exists to support data centers, and embracing new technology and sources of energy.

AI consumes large amounts of energy and, to sustain that need, the demand for energy infrastructure is likely to continue increasing. For those operating in the energy sector, this need for more energy could mean a time of great growth and opportunity. For example, an expedited or streamlined permitting process would greatly assist companies in developing and siting the power plants necessary to meet the growing demand.

At the same time, the plan highlights the cybersecurity risks and vulnerabilities associated with AI and recommends that incident response and vulnerability response playbooks be modified to include AI risks and systems. While energy has long been considered critical infrastructure, it is crucial that those operating in the energy sector keep pace with the increased risks that AI brings to the table and the steps companies must take to address those risks.

For more information about how “Winning the Race: America’s AI Action Plan” may apply to you or how to update response plans, please reach out to Allen O’Neil (Energy Group) or Erin Prest (Cybersecurity & Data Privacy team) at McCarter & English.

Photo of Erin Prest Erin Prest

Erin Prest is co-leader of the Cybersecurity & Data Privacy group. A former Privacy & Civil Liberties Officer and Deputy General Counsel at the Federal Bureau of Investigation (FBI), Erin’s deep experience lies at the intersection of federal privacy law and data security…

Erin Prest is co-leader of the Cybersecurity & Data Privacy group. A former Privacy & Civil Liberties Officer and Deputy General Counsel at the Federal Bureau of Investigation (FBI), Erin’s deep experience lies at the intersection of federal privacy law and data security strategy. She provides counseling and business strategies regarding data privacy, incident response planning, and the evaluation of new enterprise technologies at all stages of the information lifecycle. She advises clients on data breaches, collection and use of sensitive information such as biometric data and commercially available information, and artificial intelligence.

Known for her practical approach to finding custom-tailored solutions using privacy by design, Erin helps clients confronted with data breaches, ransomware attacks, or other pressing or high-stakes data privacy issues. Her experience with data privacy analysis includes crafting bespoke solutions for keeping data safe and protecting privacy. She excels at the analysis of programs and their data in order to provide proactive counseling regarding potential risks and ways to mitigate them. Erin provides end-to-end data privacy counsel and analysis.

Erin served as one of three executives overseeing the implementation of artificial intelligence and governance at the FBI. In this role, she worked with tech personnel, executives, and all levels of personnel across the federal government to help shape and craft the governance process in order to implement meaningful but practical solutions. Erin provides practical, hands-on experience for clients who are evaluating use of and developing program management of artificial intelligence while maximizing its potential.

In her 18 years at the FBI, Erin supervised approximately 100 attorneys, special agents, paralegals, and professional staff handling all legal matters related to investigative and administrative law—from regulatory creation and compliance to operational legal advice. She also oversaw the legal guidance related to criminal investigative activities, crisis response, procurement, criminal history information, and DNA matters among others.

Erin earned her JD from Case Western Reserve School of Law and BA from the University of Michigan. After law school, she entered the government as a counterterrorism analyst through the Presidential Management Fellows Program and served as a Special Assistant U.S. Attorney for the District of Columbia.

Allen O'Neil

Allen O’Neil advises cooperative, municipal and business clients on transactions ranging from negotiating power supply purchases to securing financing or structuring agreements for developing, acquiring or operating electric facilities. He drafts and negotiates agreements covering such areas as power purchase, fuel supply, construction…

Allen O’Neil advises cooperative, municipal and business clients on transactions ranging from negotiating power supply purchases to securing financing or structuring agreements for developing, acquiring or operating electric facilities. He drafts and negotiates agreements covering such areas as power purchase, fuel supply, construction, joint ownership, renewable energy credits, and equipment purchase in transactions involving varied power sources, including renewable ones such as thermal generation, solar, wind, hydroelectric, and biomass facilities. These agreements include working with various industry master agreements.

Allen has a rich background in secured and unsecured asset and corporate financing ranging from single lender to syndicated/multi-lender financing facilities. He prepares and negotiates general purpose lines of credit and credit facilities for long- and short-term financing for acquiring or constructing electric generation and transmission facilities. He has extensive experience applying for and negotiating loans with the Rural Utilities Service, National Rural Utilities Cooperative Finance Corporation, and CoBank, ACB and advises clients on post-loan compliance matters, including helping them obtain approvals, consents, and waivers.

In serving his electric cooperative clients, Allen advises them on mergers and acquisitions, corporate governance and operational matters, power supply planning, and redevelopment projects.

To help companies prepare for their energy future, he guides them through traditional electric and renewable generation options and structures agreements best suited for those desired objectives.