Legal & Regulatory

For the world to avoid a climate catastrophe, carbon capture is likely a necessity, not an option. To meet the Paris Agreement’s objectives—keep warming below 2C and preferably near 1.5C—net zero carbon emissions must be achieved circa 2050, and some carbon dioxide will have to be extracted from the atmosphere. Deployment of carbon capture, utilization, […]

Duke Energy has kicked off an effort to renew the operating licenses of all its 11 nuclear reactors for 20 more years, starting with Oconee Nuclear Station, its largest nuclear plant. The utility on June 21 filed an application with the U.S. Nuclear Regulatory Commission (NRC) for a subsequent license renewal (SLR) for the three-unit 2.5-GW […]

In late May, the U.S. Department of the Interior, in conjunction with the Department of the Navy and the State of California, announced plans to offer leases to develop offshore wind projects for the north-central coast of California. The lease sale is scheduled to occur in 2022 and would be the first such West Coast […]

Under a newly enacted law, Connecticut will deploy 1 GW of energy storage by December 2030 and pursue interim targets to deploy 300 MW by 2024 and 650 MW by 2027. With the measure, Connecticut joins California, Massachusetts, New Jersey, Nevada, New York, Oregon, and Virginia, states that have so far set targets to procure […]

Two groups concerned with issues regarding the regulation and production of U.S. electricity have announced formation of a joint federal-state task force on power transmission, an effort to better identify the costs and benefits associated with electric power projects, and support the buildout of renewable energy resources. The Federal Energy Regulatory Commission (FERC), an independent […]

New restrictions on international trade have become near-daily headlines. Sanctions, export controls, restrictions on foreign investment in the U.S., and actions prohibiting the importation of goods produced using forced labor affect all U.S. companies including those in the clean energy sector. Keeping up with these ever-evolving regulations is a difficult task, but getting smart about […]

In yet another dramatic turn for federal policy governing the “waters of the U.S.” (WOTUS), the Biden administration has announced its intent to revise the definition of WOTUS, citing “destructive impacts” to critical water bodies under a Trump-era rule. The Environmental Protection Agency (EPA) and the Department of the Army on June 9 issued a declaration […]

Texas Gov. Greg Abbott has signed into law sweeping bills approved by Texas legislators that will require power generators in the state to weatherize against extreme events and revamp organizational oversight of the Electric Reliability Council of Texas (ERCOT). Hours before the state’s regular 140-day legislative session dwindled to its end on May 30—and amid […]

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

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 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 […]

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 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 […]