Legal & Regulatory

  • Missouri v. Biden: The Benefits and Costs of Carbon Emissions

    The Biden administration in February announced that for the remainder of 2021, federal agencies will conduct regulatory and environmental analyses assuming that the global “social cost” of emitting carbon

  • DHS Issues Pipeline Cybersecurity Directive but Industry Championing FERC Mandatory Standards

    Owners and operators of the 100 most “critical” hazardous liquid and natural gas pipelines, and liquefied natural gas (LNG) facilities will need to act within the next 30 days to align with federal cybersecurity guidance under new mandates issued by the Transportation Security Administration (TSA). The TSA’s May 27-issued pipeline-focused security directive is a notable, […]

  • Germany Shifts Net-Zero Target to 2045, Sets Tougher Limits for Energy Industry

    Germany has moved its climate neutrality target up from 2050 to 2045 and adopted new interim binding targets that will require greenhouse gas (GHG) emissions reductions of 65% by 2030 and 88% by 2040, compared to 1990 levels. After 2050, notably, the country—which is Europe’s biggest economy—envisions it will achieve negative GHG emissions.  Germany’s federal […]

  • Surry Nuclear Plant Gets 20-Year Extension as Indian Point Goes Dark

    The Nuclear Regulatory Commission (NRC) has approved 20-year subsequent renewed licenses (SRLs) for Dominion Energy Virginia’s Surry Power Station Units 1 and 2 near Newport News, Virginia, making them only the fifth and sixth reactors in the U.S. cleared to operate for 60 to 80 years. But the number of operating U.S. nuclear reactors fell […]

  • ERCOT Unveils Plan for Invoicing Default Uplift Charges

    ERCOT market participants are grappling with the resulting financial fallout from winter storm Uri, which devastated Texas in February. Many are now familiar with actions the Texas Public Utility Commission (PUCT) took during the weather event, moves made with the intent to bring and maintain as much generation online as possible. Most notable, the commission […]

  • How the Department of Energy Is Helping Keep Nuclear Power Relevant

    In the decade following World War II, the U.S. government took a keen interest in helping to create a commercial nuclear power industry. Although there were military leaders and members of Congress who

  • The Hydrogen Rainbow: Elected Officials Focus on Green

    Blue, green, turquoise, yellow, pink, blue, grey and brown/black. Hydrogen is currently beset by a host of colorful adjectives, but what part of the hydrogen rainbow is most likely to lead to a pot of gold (and environmental benefits)?  Elected officials across the country are more and more focused on promoting green hydrogen, which is […]

  • Reprieve for Nuclear, Gas in EU’s Sustainable Finance Taxonomy Rules

    The European Union’s (EU’s) much-watched Taxonomy Climate Delegated Act—the world’s first “green list”—unveiled by the European Commission (EC) on April 21 qualifies several power-producing sectors in its technical screening criteria for sustainable investment decisions. However, it delays controversial decisions on gas and nuclear.  The EC adopted the Delegated Act as part of an ambitious package […]

  • Vistra Backs Illinois Transition Measure to Keep At-Risk Coal Plants Online Through 2025

    Bleeding financially from underperforming and legally burdened coal generation in downstate Illinois and elsewhere, Vistra, the nation’s largest competitive generator, has renewed its call for passage of the Illinois Coal to Solar and Energy Storage Act, a bill that could help keep 2.2 GW of existing at-risk capacity online through 2025 while the state expands […]

  • Yes, Texas’ Deregulated Electricity Market Has Problems, but It Can (and Should) Be Fixed

    The severe winter storm that knocked out Texas’ electricity grid in February, plunging millions of people into a cold, dark ordeal, has led to a number of takes about what went wrong. The state’s deregulated energy market has been frequently singled out as the root cause. But, while a contributing factor, it wasn’t the only […]

  • The Tsunami Coming for Mexico

    Although Mexican economic history shows moments of tension between the private sector and the federal government—for example, during the administration of President Luis Echeverría (1970-1976)—never in the modern era has such tension reached the levels experienced at this time. The attacks on the private sector, including foreign investment, that the current federal administration has carried […]

  • Biden Weighs Preserving Infrastructure EO Focused on Cybersecurity

    President Joe Biden on his first day in office sent a clear signal that he would not follow his predecessor’s policies with respect to energy and climate issues. On Jan. 20, 2021, Biden signed Executive

  • New Mexico Sues NRC to Halt Consolidated Interim Nuclear Waste Storage Facilities

    New Mexico has sued the Nuclear Regulatory Commission (NRC), challenging the legality of the agency’s proceedings involving separate proposals to build and operate two consolidated interim storage facilities (CISFs) for spent nuclear fuel (SNF) in New Mexico and Texas.  In a complaint filed on March 29 against the NRC and the U.S. government, New Mexico […]

  • Is It Safe to Invest in Mexican Energy Projects?

    In late 2013, Mexico embarked on a path to transform its energy markets. Then-President Enrique Peña-Nieto oversaw constitutional reforms that ended state-run monopolies, and opened Mexico’s power market to competition and investment from foreign and private companies. By most accounts, the policies were highly effective in spurring investments in renewable energy and efficient natural gas-fired […]

  • EPA Finalizes Rule to Curb Cross-State Pollution

    The U.S. Environmental Protection Agency (EPA) has issued an update and finalized a pollution rule that will require reductions in ozone emissions from power plants in 12 states this year. The update to the Cross-State Air Pollution Rule (CSAPR), issued March 15, is designed to curb emissions of nitrogen oxide (NOx)—primarily from coal-fired power plants—ahead […]

  • Are 1-in-10-Year Events Really 1-in-10-Year Events Anymore?

    When evaluating resource adequacy requirements, many power companies and grid operators have used a methodology that originated more than 70 years ago. This probabilistic reliability approach has generally performed adequately through the years. It has generally evaluated loss-of-load events occurring at frequencies of one-day-in-10-years (1-in-10) to be acceptable in terms of system reliability. However, it’s […]

  • U.S. House Bill Introduces Federal Zero-Emissions Electricity Standard

    A sweeping climate proposal introduced by U.S. House Democrats on March 2 sets a stringent clean energy electricity mandate for power retailers nationwide, requiring they procure 100% of their power supplies from zero-emitting generation by 2035.  Among its slew of measures aimed at achieving net-zero emissions nationwide by 2050, the Climate Leadership and Environmental Action […]

  • Power Co-op Files Bankruptcy After $2.1 Billion ERCOT Bill

    The group considered Texas’ oldest and largest electricity cooperative has filed for Chapter 11 bankruptcy protection, saying it can’t pay money wanted by the state’s grid operator in connection with power outages during a major winter storm that hit in February. Brazos Electric Power Cooperative filed its bankruptcy petition March 1 in the U.S. Bankruptcy […]

  • Future of EPA’s Rule on State Water Quality Certification of Federal Permits

    High on the list of Trump administration rules that will be reevaluated by the Biden administration is the Environmental Protection Agency’s (EPA’s) Clean Water Act (CWA) section 401 rule on state water

  • Exelon to Split Business, Spin Off Generation Segment

    Responding to rapid changes in the power industry, Exelon Corp. plans to cleave its business into two publicly traded companies: one comprising its six regulated electric and gas utilities, and the other, which it plans to spin off, comprising its 31-GW competitive generation fleet and customer-facing businesses.  The separation—which the company’s Board of Directors approved […]

  • Montana District Court Vacates EPA’s ‘Secret Science’ Rule

    The Environmental Protection Agency’s (EPA’s) “Secret Science” rule establishing new standards for consideration of certain “pivotal” scientific studies, which was slated to go into effect on Jan. 6 of this year, has been vacated and remanded by the U.S. District Court for the District of Montana. The decision reached Feb. 1 impacts the power generation […]

  • BOEM, Bolstered by Biden Offshore Wind Agenda, Resumes Vineyard Wind Review

    The Bureau of Ocean Energy Management (BOEM) will resume an environmental review for the 800-MW Vineyard Wind project offshore Massachusetts as part of a larger push by the Department of Interior (DOI), its parent agency, to accelerate development of renewables on public lands and waters.  BOEM, an agency that manages U.S. offshore energy and mineral […]

  • The Biden Administration Can Help Set American Energy on a Winning Course

    The 46th president of the United States has officially been sworn in. During his inauguration address President Joe Biden spoke of unity, empathy, and the challenges Americans must face together. Challenges indeed abound for Biden’s incoming environmental and energy team, including New Mexico congresswoman Deb Haaland as Interior Secretary, former Michigan Gov. Jennifer Granholm as […]

  • FERC Signals Green Light on Carbon Pricing to Help Reduce Emissions

    The body that regulates the interstate transmission of oil, electricity, and natural gas has signaled its willingness to approve regional grid operator plans that incorporate carbon pricing into their rate

  • Blockchain and Energy Innovation Marches On

    Even in a pandemic, energy innovators are developing blockchain technology to implement powerful changes. From automating crude oil trading to amplifying the impact of renewable energy sources, innovations harnessing blockchain technology are likely to change the energy industry in profound ways. Inventors, enterprises, and investors who act today to obtain patent protection for their early […]

  • Duke Energy Reaches $1.1B Deal to Resolve North Carolina Coal Ash Cost Issues

    In a milestone settlement that could resolve Duke Energy’s “last remaining major issues” on coal ash management in North Carolina, the utility has agreed to absorb $1.1 billion in cleanup costs anticipated between 2015 and 2030.  The proposed settlement, which Duke Energy filed with the North Carolina Utilities Commission (NCUC) on Jan. 25, is a […]

  • Biden’s Orders Focus on Climate, Emissions

    President Biden has signed executive orders designed to move the U.S. to carbon neutrality by midcentury, part of a $2 trillion plan that would overhaul the nation’s electricity and transportation sectors. The president’s plan, outlined Jan. 27, focuses on climate change and includes a White House task force that would direct policies on greenhouse gas […]

  • NRC’s New Chairman Urged to Heed Agency’s Climate Policy Role

    Christopher Hanson, a nuclear energy government and industry veteran, has taken the helm of the Nuclear Regulatory Commission (NRC). The designation by President Joe Biden on Jan. 23 may provide a boost to the administration’s climate initiatives, experts told POWER.  Hanson, a Democrat, is expected to fill the role for remainder of his five-year term […]

  • 5 Cybersecurity Best Practices to Protect Your OT Systems

    Over the last several years, cyber actors and online criminal gangs have used cyber warfare to disrupt business and infrastructure across the globe. Today, they are becoming even more aggressive and are using their resources to target Operations Technology (OT) and Industrial Control System (ICS) networks. According to the Canadian government’s Canadian Centre for Cyber […]