Legal & Regulatory

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 […]

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

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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

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 […]

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 […]

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 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 […]

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

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 […]

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 […]

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 […]

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 […]

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 […]

President Joe Biden just hours after his inauguration effected an immediate freeze on several Trump-era deregulatory actions that directly affect the power sector, and revoked a long list of rules and executive actions affecting the bulk power system. The president on Jan. 20 also kickstarted America’s return to the Paris Agreement, sending a brief letter […]

General Electric (GE) has filed a lawsuit accusing “willful and malicious misappropriation of GE’s trade secrets” by Siemens Energy, charging that a current Siemens employee “knowingly and surreptitiously” received GE intellectual property, which led to Siemens using the information to improve its own bids for lucrative contracts supplying gas turbines to utilities. GE in the […]

The Trump administration’s final rule interpreting the Migratory Bird Treaty Act (MBTA) to not prohibit the incidental take (accidental injury or death) of migratory birds recently hatched. But with the Biden administration taking the regulatory reins on Jan. 20, 2021, this lame-duck regulation will be quickly grounded. COMMENTARY Anticipating this, power companies should remain vigilant […]

As we get closer to the presidential inauguration, and with President-elect Biden’s announcement of his Cabinet picks for the Department of Energy (DOE), Environmental Protection Agency (EPA), and the Department of the Interior (Interior), we begin the inevitable hypothesizing about which “Day 1 actions” will be taken, which actions will be among the administration’s “100 […]