Legal & Regulatory

The power purchase agreement, commonly called a PPA, is a fundamental element to the development, construction, and financing of power generation projects. Like many things in the power industry, the PPA is

The Federal Energy Regulatory Commission (FERC) in September issued Order 2222, a final rule to remove barriers for distributed energy resource (DER) aggregators to participate in the wholesale capacity

The Department of Energy (DOE) has issued a “prohibition order” in line with President Trump’s May 2020 broad bulk power system (BPS) security executive order (EO 13920) that will ban some utility procurement of specific grid equipment from China.  When it takes effect on Jan. 16, 2021, the Dec. 17–issued “Prohibition Order Securing Critical Defense […]

The leader of North Carolina’s agency overseeing environmental issues in that state will be nominated to lead the U.S. Environmental Protection Agency (EPA), POWER learned on Dec. 17. Michael Regan, 44, who previously worked at EPA and has served with the North Carolina Dept. of Environmental Quality (NCDEQ) since 2017, is expected to be nominated […]

The U.S. Senate on Nov. 30 confirmed Federal Energy Regulatory Commission (FERC) nominees Allison Clements and Mark Christie, filling out all five seats at the helm of the federal energy regulator with a bipartisan panel for the first time in nearly two years.  Clements, a Democrat, replaces former Commissioner Cheryl LaFleur for a term that […]

Over its 50-year history, several rules issued by the U.S. Environmental Protection Agency (EPA) have reshaped the power sector. But for at least a few modern rules, the road has been full of turns. Notes: CAA = Clean Air Act; BSER = best system of emission reduction; CO2 = carbon dioxide; GHG = greenhouse gases; […]

In the late 1960s, the U.S. was facing an environmental crisis. Air pollution was a serious problem in cities across the country, industrial activities and the widespread use of hazardous pesticides were

Harold E. “Ed” Patricoff and Ana Sarmento The global trend toward renewable energy is undeniable and commendable. In 2018, 10Power announced that it would work to create commercial-scale solar and energy

Although there is only one nuclear power plant construction project in progress today in the U.S., that doesn’t mean the nuclear industry has gone dormant. A lot of research and development are ongoing, and the federal government is putting millions of dollars behind some of the efforts. The Advanced Reactor Demonstration Program “The Department of […]

An assortment of entities have sought to intervene in a complaint alleging that the California Independent System Operator (CAISO) and California state agencies violated bulk power system reliability standards when they approved retirement of the 2,240-MW Diablo Canyon Power Plant (DCPP) by 2025.  Before the comment deadline on Nov. 16, at least 15 entities sought intervention […]

Legislation introduced on Nov. 17 by a bipartisan group of senators on the Senate Committee on Environment and Public Works (EPW) will seek to strengthen the nuclear fuel supply chain, help incentivize commercial deployment of new reactor designs, and create a credit program to preserve existing nuclear reactors at risk of premature shutdown.  The American […]

These Ten Steps May Help Power Companies Avoid Headaches, Delays, Higher Costs, and Legal Complications Jacqueline Greenberg Vogt, Esq. and Robert C. Epstein, Esq. The International Energy Agency projects the rapid growth of renewables, with solar at the center of this new constellation of electricity generation technologies. Hydropower remains the largest renewable source of electricity, […]

Joe Biden on Nov. 7 clinched the 270 electoral votes needed to win the presidency, barring Donald Trump’s prospects for a second-term. Almost immediately, reactions from various parts of the power sector streamed in, highlighting possibilities and pitfalls of Biden’s wide-ranging energy and environment agenda.  Energy, and its implications on the environment, figured prominently as […]

By Bud Earley and Mark Perlis, Covington & Burling LLP The Federal Energy Regulatory Commission (FERC) on Sept. 17, 2020, approved a final rule that will enable distributed energy resource aggregators to compete in organized wholesale electricity markets.  Distributed energy resources (DERs) are located on the electric  distribution system or behind the customer meter and […]

Though vote-counting continued in the tight presidential race on Nov. 5, voters in Nevada and New Mexico appear to have made headway on crucial energy initiatives on the ballot.  Nevada Approves a 50% by 2030 RPS  In Nevada, the presidential race remained closely contested on Thursday morning with pundits predicting that a victory there for […]

The tension between state and federal lawmakers is ages old, with a history marked by periods of outright assault or relative peace. On Dec. 19, 2019, the quiet in the energy sector was broken by an order from

An expansion of New York’s Clean Energy Standard (CES) approved by the state’s Public Service Commission (PSC) adopts several measures that will help the state meet its new, more ambitious 70%-by-2030 renewable power target. In an Oct. 15 order, the PSC adopted several changes proposed by the New York State Energy Research and Development Authority […]

The decision to formalize the firm’s offering follows the establishment of the firm’s Global Hydrogen Practice Group back in June WASHINGTON, D.C. and LONDON, October 13 2020 – Baker Botts L.L.P., a leading international technology and energy law firm, has launched a dedicated Carbon Capture, Utilization and Storage Practice Group within the firm’s Energy sector. […]

The Department of Energy (DOE) will issue a notice of proposed rule-making (NOPR) to implement President Trump’s broad bulk power system (BPS) security executive order (EO) “later this fall,” a DOE official confirmed to POWER on Oct. 5. Though the NOPR is delayed beyond the 150-day timeframe set by the EO, various BPS stakeholders are […]

President Trump on May 1, 2020, issued Executive Order (EO) 13920, titled “Securing the United States Bulk-Power System.” Trump said that the unrestricted foreign supply of certain electric equipment

The Versatile Test Reactor (VTR), a planned experimental fast neutron reactor that the Department of Energy (DOE) says is crucial to support domestic advanced nuclear reactor research and development has cleared “Critical Decision 1,” paving the way for the engineering design phase to begin. Critical Decision 1—also known as “Approve Alternative Selection and Cost Range”—is […]

What is a “Smart City”? According to one definition, it’s an urban area that uses different types of electronic methods and sensors to collect data, with insights gained from that data used to manage assets, resources, and services efficiently. Clint Vince, chair of Dentons’ U.S. Energy Practice and co-chair of Dentons’ Global Energy Sector, was […]

Marking another major federal effort to address potential supply chain risks to the bulk power system (BPS), the Federal Energy Regulatory Commission (FERC) on Sept. 17 sought industry’s perspective on a number of important considerations, including possible actions the regulatory body could take to address security gaps. The U.S.-based power sector, meanwhile, has moved quickly […]

The Federal Energy Regulatory Commission (FERC) issued an order that advocates for distributed energy resources (DERs) say will enable DERs, including renewable energy such as solar, wind, and battery storage, to compete on a more-level playing field in the organized capacity, energy, and ancillary services markets run by regional grid operators. FERC Order No. 2222, […]

The U.S. Department of Energy (DOE) on Sept. 6 took the rare but drastic action of issuing an emergency order under the Federal Power Act (FPA) to authorize the maximum operation of three natural gas–fired facilities on the California Independent System Operator’s (CAISO’s) grid whose full capability had been stranded by federal air quality and […]

Industry experts agree that deep geological repositories are needed for long-term storage of spent reactor fuel. They’re also digging for alternative methods. The U.S. Department of Energy earlier this year

With a lack of attractive solar power purchase agreements (PPAs) available in the market, project owners have been seeking alternative arrangements to secure long-term revenue certainty. One alternative is a

The U.S. Environmental Protection Agency (EPA) has finalized a rule that revises regulations for coal-fired power plants, a move that will limit the number of generation facilities that could incur costs for failing to comply with pollution limits. The action on Aug. 31 revises a rule established in 2015, when the EPA issued an order […]

NuScale Power said the U.S. Nuclear Regulatory Commission (NRC) has completed its Phase 6 review of the Design Certification Application (DCA) of the company’s small modular nuclear reactor (SMR), and said the company’s SMR is the first such reactor to receive NRC approval of its design. NuScale on August 28 announced that with the DCA […]