Legal & Regulatory

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 […]

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

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

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

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 […]