Legal & Regulatory

In a stunning announcement, Exelon Generation, which operates the largest U.S. fleet of nuclear plants—21 reactors at 12 facilities in Illinois, Maryland, New York, and Pennsylvania—said it will retire the Byron and Dresden generating stations next fall for economic reasons. “Although we know in our heads that shutting down the uneconomic Illinois plants is necessary […]

Building a new nuclear power plant is challenging. Nuclear construction projects always seem to be behind schedule and over budget. Even in the late 1960s and early 1970s—arguably nuclear power’s

In a one-paragraph, unsigned order issued July 6, the U.S. Supreme Court reinstated most uses of the U.S. Army Corps of Engineers’ Nationwide Permit 12 (NWP 12) for pipeline and utility trenching and

Nuclear power plants approaching license expiration are faced with three options: obtain initial license renewal to continue operations (nine U.S. units have not yet received an extension of their initial

The U.S. Environmental Protection Agency (EPA) on July 29 finalized several changes to the regulations for disposal of coal combustion residuals (CCRs), or coal ash, from electric utilities. The changes include giving utilities more time to design clean-up and closure plans for their coal ash storage sites. The changes stem from an opinion issued Aug. […]

Ethiopia says it had reached a “major common understanding” with Egypt and Sudan related to the first filling and annual operation of the 6.4-GW Grand Ethiopian Renaissance Dam (GERD), paving the way to a “breakthrough agreement” in the contentious dispute that is primarily about use of the River Nile’s waters.   As POWER reported in […]

The Department of Energy (DOE) wants the electric power industry to help the DOE draft rules that will prohibit the U.S. bulk-power electric system from using equipment sourced from, or otherwise susceptible to, harmful influence by “foreign adversaries.” Asset owners, utility operators, equipment vendors, and other interested parties can voluntarily provide information to the DOE […]

The Federal Energy Regulatory Commission (FERC) finalized a long-awaited rule revising regulations that govern qualifying small power producers and cogenerators under the Public Utility Regulatory Policies Act of 1978 (PURPA). While FERC said the rule was necessary to respond to significant market changes, the action drew mixed reactions from industry.  FERC’s final rule issued on […]

Authored by Bryan Sillaman and James Alford of Hughes Hubbard In the midst of the global COVID-19 crisis, another unprecedented event took place that was largely overshadowed by more urgent, and life-threatening, circumstances. On April 20, 2020, the price of U.S. West Texas Intermediate crude oil dropped below zero dollars per barrel (bbl), plunging past […]

Traditional models have been upended by recent disruptions, including decarbonization, decentralization, and even the COVID pandemic, but new ones are replacing them that focus on customer preference

In the absence of a comprehensive federal renewable energy policy, many states have established regulatory frameworks that incentivize or require utilities to purchase or develop a percentage of renewable

While the nation is rightfully consumed with responding to the COVID-19 crisis, other battles are being fought that also will have decades-long consequences. One of those involves states seeking to override

Hybrid power plants, also known as solar plus storage or wind plus storage projects, have gained significant traction in recent years. These projects combine solar energy or wind energy with battery energy storage. The result is a somewhat dispatchable renewable energy power plant, which can provide smoother (less-volatile) energy, and can shift time of delivery […]

The Nuclear Regulatory Commission (NRC) on June 23 accepted for formal review Centrus Energy Corp.’s application to produce high-assay low-enriched uranium (HALEU) at its Piketon, Ohio, facility. The move marks a third major regulatory milestone for advanced nuclear over the past month. The NRC’s acceptance of Centrus’ application follows a 4-0 vote by the commission on […]

A federal judge in California has approved Pacific Gas & Electric’s plan to exit bankruptcy, clearing the way for the utility to compensate victims of a series of wildfires in the state that left more than 100 people dead in 2017 and 2018.  The action by U.S. Bankruptcy Judge Dennis Montali on June 20 authorized […]

Four U.S. nuclear generators—Energy Harbor, Xcel Energy, Exelon, and Arizona Public Service (APS)—are making headway on projects to demonstrate hydrogen production at nuclear plants, but scaling those efforts up to net new end-users and sources of revenue is still ridden with hurdles, company officials said in a panel discussion at the American Nuclear Society’s (ANS’s) […]

Like other segments of the economy, the renewable energy industry is dealing with the impacts of the COVID-19 pandemic. Several states still have restricted business activities and are only now considering lifting those restrictions. Many equipment suppliers, contractors, and project owners have sent or received force majeure notices under their respective contracts and disputes may […]

The regulatory landscape for the energy industry has changed significantly in the past few decades, but a century-old Supreme Court canon—the filed rate doctrine—continues to be a valuable tool for

President Trump in a new executive order (EO) has directed federal agencies to rescind, modify, waive, or provide exemptions from regulatory requirements that may inhibit economic recovery.  The Executive Order on Regulatory Relief to Support Economic Recovery, issued May 19, is sweeping and extends beyond the administration’s previous efforts to scale down regulatory mandates—including the […]

After several years of stagnancy, prospects for the geothermal power industry are heating up. Over the past year, it has seen a flurry of legislative boosts, an uptick of power purchase agreements, and

Offshore wind generation could be a game-changer for U.S. generation—tremendous size, scalability, high capacity factors, zero-carbon, zero-cost fuel, and a proven track record in the UK and Europe. The

Much has been written about renewable energy, but few stories have focused on the complexity of determining the optimal mix of solar and wind generation, and the kind and amount of energy storage, that

Electric vehicle adoption is expected to continue growing, especially in delivery and service company fleets. That means load demand could surge, particularly around charging depots, and utilities must plan

While scientists and health professionals huddle with public officials to determine the best course forward to combat COVID-19 and relax social distancing, more of our leaders must address the need to quickly create high paying, sustainable jobs—lots of them. COMMENTARY Frankly, the need has never been greater. Regardless of political ideology, our politicians must put […]

To help nuclear generators manage worker fatigue amid the intensifying COVID-19 pandemic, the Nuclear Regulatory Commission (NRC) has so far granted individually requested exemptions from work-hour controls to seven U.S. nuclear power plants. As described by NRC Director of Nuclear Reactor Regulation Ho Nieh in March 28 letters sent to at least three industry leaders, […]

How companies respond to the COVID-19 pandemic will determine their public reputations, and those of their leaders and key employees, for years if not decades. This, along with public safety, is why “Priority Number One” for the CEOs of power producers, utilities, and grid operators is to make sure critical employees, such as control room […]

The Federal Energy Regulatory Commission (FERC) has approved the North American Electric Reliability Corporation’s (NERC’s) motion to defer implementation of seven reliability standards—including for grid cybersecurity—that were slated to become effective this year. In an April 17 order, FERC approved NERC’s April 6 requested motion to defer the implementation of the standards, which have effective […]

Legal challenges to the Trump administration’s Affordable Clean Energy (ACE) rule began in earnest April 17, as more than two dozen states and cities, along with several environmental activist groups, filed briefs with the U.S. Court of Appeals in Washington, D.C., seeking a rollback of power plant regulations that also have been decried by coal […]

The Environmental Protection Agency (EPA) on April 16 withdrew the legal justification for an Obama-era rule that required coal-fired power plants to reduce their emissions of mercury. The Mercury and Air Toxic Standards (MATS) remains in place, but Thursday’s action by the Trump administration could prevent similar regulations from being implemented in the future. EPA […]

It’s an unprecedented time for power generators worldwide. Utilities, grid operators, equipment manufacturers, and others working to keep the lights on know that a reliable supply of electricity is more important than ever as the world battles through the coronavirus pandemic. Dino Barajas, who recently joined the finance arm of DLA Piper in Los Angeles, […]