Courts

Nevada law has included net metering provisions for more than 20 years. Net metering is an arrangement that allows energy generated by a customer’s leased or purchased solar system to offset monthly power bills. It also permits excess energy supplied to the grid to earn credits, which are then automatically applied to future billing periods […]

On March 27, the U.S. Bankruptcy Court for the Southern District of New York approved Westinghouse Electric Co.’s plan of reorganization. Westinghouse said the approval is “a significant milestone in the company’s strategic restructuring,” which involves its sale to Brookfield Business Partners L.P. Brookfield announced on January 4, 2018, that it had entered into an […]

The Supreme Court for the state of New Mexico affirmed a final order by state regulators to allow Public Service Company of New Mexico (PNM) to replace lost generation from two shuttered units at its 1,800-MW coal-fired San Juan Regional Generation Station with coal and nuclear resources. The case stems from a petition filed by […]

No evidence exists that New England local gas distribution companies engaged in practices to withhold natural gas pipeline capacity on the Algonquin system to drive up gas or power prices in the region, Federal Energy Regulatory Commission (FERC) staff revealed. FERC on February 27 closed an inquiry after conducting an “extensive review” of the allegations—which […]

Europe’s decade-long economic and regulatory commitment to the offshore wind industry has paid off. With approximately 14 GW of power installed as of June 2017, the continent now boasts more than 90% of

Spent nuclear fuel has continued to accumulate at sites across the nation, paralyzed by a government deadlock on a nuclear waste management strategy formally established 35 years ago. Can recent developments

By Ken W. Irvin and David E. Kronenberg Sidley Austin, LLP In one of the first decisions of its kind, the Bankruptcy Court for the District of Delaware held in In re La Paloma Generating Company, LLC that a power plant can be sold under Section 363 of the bankruptcy code free and clear of […]

The D.C. Circuit last week struck down parts of an Environmental Protection Agency (EPA) rule concerning implementation of its 2008 ozone standards, creating new regulatory limbo for the entities required to comply with the rule. Ruling in a set of cases consolidated under South Coast Air Quality Management District v. EPA (No. 15-1115), the federal […]

Two more U.S. nuclear power plants are facing early retirement, joining a string of generators whose fate was determined by market conditions, political pressure, or financial stresses assailing the sector. Several others may be poised to join them. The 647-MW Duane Arnold nuclear plant in Palo, Iowa, will likely close in 2025 after a current […]

A lawsuit challenging subsidies for New York’s nuclear plants will head to trial after the state’s  Supreme Court rejected motions to dismiss it. The measure deals a small setback for Exelon Corp., whose subsidiaries own the R.E Ginna and Nine Mile Point nuclear plants in upstate New York. Defendants in the lawsuit also include Entergy […]

The Environmental Protection Agency’s (EPA’s) recent request that the D.C. Circuit hold a case challenging the Clean Power Plan in additional abeyance until it concludes rulemaking has been strongly opposed by 17 states and several cities. The EPA, in its latest 30-day court-required status report filed on January 10, asked the federal court for continued […]

New York and Connecticut on January 17 filed suit to force the Environmental Protection Agency (EPA) to curb ground-level ozone blowing in from Illinois, Michigan, Pennsylvania, Virginia, and West Virginia with federal implementation plans (FIPs) issued under the “Good Neighbor Provision” of the 2008 National Ambient Air Quality Standards (NAAQS). The two states allege in their […]

Owners and contractors can run into contractual disputes during combined cycle construction projects. Often, the disagreements snowball into lawsuits, which create a lot of activity in attorney offices, but can actually stop activity at the construction site. Engineers and laborers frequently end up taking off their hard hats and setting down their welding torches to […]

ExGen Texas Power (EGTP) Holdings LLC and ExGen Texas Power LLC, a subsidiary of Exelon Corp., on November 7 filed for Chapter 11 bankruptcy. The filing in U.S. Bankruptcy Court in Delaware is aimed at reducing the company’s debt, and four of EGTP’s five natural gas-fired power plants in Texas would be owned by lenders […]

A bitter dispute concerning subsidies for nuclear generation that has divided the power sector grew more intense over the past week as Connecticut, Ohio, and Pennsylvania advanced efforts to keep nuclear plants operating. At the same time, legal challenges to existing measures in Illinois and New York continued in two federal courts. In Connecticut, Gov. […]

Environmental Protection Agency (EPA) chief Scott Pruitt on October 9 said he will sign a proposed rule Tuesday to repeal the Clean Power Plan (CPP), a signature initiative of former President Barack Obama’s administration that mandated cuts in carbon dioxide (CO2) emissions from power plants. Pruitt, speaking to a group of coal miners Monday at […]

The Trump administration’s Environmental Protection Agency (EPA) is considering its options to repeal or replace the Clean Power Plan (CPP), the signature climate regulation of former President Barack Obama. POWER magazine on October 6 obtained a 43-page draft of the EPA’s proposed action on the CPP. The formal document is expected to be released soon. The […]

Westinghouse Electric has asked a New York bankruptcy court to stop Georgia Power from terminating Westinghouse’s contract to continue construction of two new nuclear reactors at Plant Vogtle near Waynesboro, Georgia. Westinghouse filed for bankruptcy earlier this year, in large part due to massive cost overruns from the Vogtle project and the V.C. Summer nuclear […]

SCANA Corp. and Santee Cooper—utility partners that recently abandoned a two-unit expansion at the V.C. Summer nuclear plant—have received federal subpoenas for documents associated with a much-guarded February 2016 assessment report conducted by Bechtel, documentation of meetings with the firm, and documentation of site walk-downs and real-time observations at the half-built project. A copy of […]

The UK Supreme Court ruled unanimously in favor of E.ON in a long-running dispute over foundation problems identified at the 174-MW Robin Rigg offshore wind farm located between Scotland and England. The judges said Danish contractor MT Højgaard must bear the approximate €26 million cost of remedying failed grouted connections between monopiles and transition pieces […]

In a split decision, the North Carolina Court of Appeals affirmed a decision of the North Carolina Utility Commission that an advocacy group has infringed on Duke Energy’s state-sanctioned monopoly on the sale of electricity. The September 19 decision concerns an agreement between the North Carolina Waste Awareness and Reduction Network (NC WARN) and a […]

  Chances that an 895-MW project to expand Sunflower Electric Power Corp.’s coal-fired Holcomb Station in Kansas will ever be completed are “remote,” a key project partner said. Tri-State Generation and Transmission Association—a Denver-based power generator owned by 43 electric cooperatives that partnered with Sunflower in 2005 to build the new unit—in an August 10-Q […]

Steam electric power plants preparing to comply with the Environmental Protection Agency’s (EPA’s) effluent limitations guidelines (ELG) and standards as they concern bottom ash transport water and flue gas desulfurization (FGD) waste streams will get—for now—a two-year reprieve under a new rule the agency finalized on September 12. The ELG rule, which was finalized by […]

A federal judge on August 4 said the Tennessee Valley Authority (TVA) must dig up coal ash at one of its power plants and move it to a lined waste site. The order came in a suit filed by the Tennessee Scenic Rivers Association (TSRA) and the Tennessee Clean Water Network (TCWN), who said coal […]

The relationship between affordable and reliable electric power and the economy, standard of living, and physical well being of Americans is beyond doubt. In the past several years, the burden of environmental

A federal judge has let stand Illinois’ zero-emission credit (ZEC) program, dismissing challenges filed by power producers who said the initiative subsidizes nuclear power at the expense of other resources. Judge Manish S. Shah of the U.S. District Court for the Northern District of Illinois on July 14 ruled in favor of motions by the […]

Beyond the bitter disputes that have recently cropped up between Ukraine and Russia concerning Russia’s 2014 annexation of Crimea and the subsequent separatist violence in Ukraine’s Donbass region

  More grim news emerged for financially strapped Westinghouse after the Delaware Supreme Court reversed a chancery court decision that the company was counting on to recoup $2 billion from an acquisition dispute with Chicago Bridge & Iron (CB&I). The court rejected Westinghouse’s contention of CB&I’s calculations of its final purchase price—even though it paid […]

 The U.S. Environmental Protection Agency (EPA), Department of Army, and Army Corps of Engineers have proposed a rule to rescind the controversial Waters of the U.S. (WOTUS) rule, which asserts federal authority over small bodies of water. The rule, also known as the “Clean Water Rule,” was promulgated by the EPA and the U.S. Army […]

If the Trump administration’s efforts to roll back the Clean Power Plan (CPP) are successful, the nation could miss out on 560,000 potential jobs and a boost of $52 billion to the gross domestic product (GDP), according to a report released by Environmental Entrepreneurs (E2). “From states with relatively small populations like Maine and Montana […]