Legal & Regulatory

  • Is Geothermal Power on the Brink of a Boom?

    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

  • A Protocol for Making Renewable Energy Sizing and Selection Decisions

    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 Fleets and Load Demand: Are You Ready for the Surge?

    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

  • Solving Issues of Power Deliverability for Offshore Wind Generation

    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

  • Looking Ahead: It’s Time to Plan for and Build a Robust, Sustainable U.S.-led Recovery

    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 […]

  • Seven Nuclear Plants Get COVID-19–Related NRC Work-Hour Exemptions

    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, […]

  • Sequester Key Workers and Make This the Power Industry’s Finest Hour

    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 […]

  • FERC Orders Delayed Implementation of NERC Reliability Standards

    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 […]

  • Groups File Legal Challenges to ACE Rule

    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 […]

  • EPA Nixes Legal Justification for MATS Rule

    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 […]

  • The POWER Interview: Powering Through a Pandemic

    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, […]

  • NERC Moves to Defer Reliability Standards, Provide COVID-19 Flexibility

    The North American Electric Reliability Corporation (NERC) has asked the Federal Energy Regulatory Commission (FERC) to delay the implementation of seven reliability standards that relate to cybersecurity, training, disturbance monitoring and reporting, generator relay loadability, and coordination of protection systems for performance during faults. In an April 6 filing to FERC, NERC noted the rules […]

  • Live Updates: Power-Related Regulatory Responses to COVID-19

    Federal regulators with oversight over U.S. power matters have issued a series of actions over recent weeks to respond to the potentially devastating impact that COVID-19, the new coronavirus, could have on North American power workforce operations and reliability. POWER will update this post regularly with COVID-19 response news and documents from federal and state […]

  • EPA Under Fire for COVID-19 Temporary Enforcement Directive

    The Environmental Protection Agency’s (EPA’s) unprecedented temporary policy to relax enforcement of noncompliance with certain environmental rules in response to the COVID-19 pandemic has provoked an impassioned response from industry experts, environmental groups, and from the agency itself. As POWER reported, the EPA’s Office of Enforcement and Compliance Assurance (OECA) on March 26 adopted a […]

  • International Monetary Fund Suggests Economic Policies for the COVID-19 ‘War’ 

    This blog is part of a special series from the International Monetary Fund (IMF) on the response to the coronavirus. The IMF is an organization of 189 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world. The COVID-19 pandemic […]

  • THE BIG PICTURE (Infographic): U.S. Nuclear Lifetimes

    The U.S. has 96 licensed-to-operate nuclear power reactors and two reactors under construction. But the average age of the nation’s 96 licensed nuclear units is about 39 years old. That has been of some concern to the nuclear industry, which has provided roughly a fifth of the nation’s power since the 1990s. About 88 of […]

  • PURPA Modernization Promises Sweeping Changes for Utilities

    More than 40 years ago, small power production facilities were germinated, fertilized, and have continued to blossom under the Public Utility Regulatory Policies Act (PURPA), a federal law passed in 1978 as a

  • EU Unveils Key Elements of its Green Deal

    The European Commission in December 2019 announced its new European Green Deal, a set of major policy and legislative proposals that position the EU as the global leader on environmental and climate issues. Since then, the Commission has published a draft EU climate law and is seeking stakeholder input on potential revisions to the Energy […]

  • NRC to Consider COVID-19 Exemptions for Nuclear Plant Work-Hour Controls

    The Nuclear Regulatory Commission (NRC) on March 28 told industry that it is prepared to grant requests from individual nuclear generators for exemptions from work-hour controls specified in its rules to help provide more flexibility to the sector as it grapples with workforce issues related to the COVID-19 public health emergency. The objective of the […]

  • EPA Relaxes Noncompliance Enforcement During COVID-19 Pandemic

    Adopting a new temporary policy that gives it more “enforcement discretion,” the Environmental Protection Agency (EPA) said March 26 it does not expect to seek penalties for civil violations of the agency’s rules that result from the COVID-19 pandemic. The policy adopted Thursday addresses concerns that regulated facilities are facing potential worker shortages, travel restrictions, […]

  • FERC, NARUC Want Utility Workers Designated as ‘Essential’

    Two agencies aligned with the power generation industry, including the group representing state public service commissioners who regulate utility services, including energy, telecommunications, and water, are asking state regulators to designate utility company workers as essential to the nation’s critical infrastructure during the COVID-19 pandemic. The Federal Energy Regulatory Commission (FERC) and the National Association […]

  • COVID-19 Threatens Outages Scheduled at 97% of U.S. Nuclear Sites in 2020

    Challenged by the COVID-19 pandemic, the U.S. nuclear industry has asked the Trump administration to ensure nuclear workers, suppliers, and vendors will have access to nuclear plants and personal protective equipment (PPE) during the 2020 spring and fall refueling outage seasons and beyond. All but two of the nation’s nuclear sites had scheduled planned outages  […]

  • NRC Preparing Rule Changes Due to Coronavirus

    The agency that regulates nuclear power in the U.S. is preparing to allow reactor operators to work longer shifts, and could also issue new rules that would let facilities put off some maintenance and plant inspections. The actions are in response to the coronavirus pandemic. Comments during a Nuclear Regulatory Commission (NRC) conference call on […]

  • Oklo Submits First Non-LWR Combined License Application to NRC

    Oklo, developer of the 1.5-MW Aurora micro-reactor, has submitted the first-ever combined license application (COLA) for an advanced non-light water reactor (LWR) to the Nuclear Regulatory Commission (NRC). The move formalizes the start of a new era for nuclear regulation in the U.S. The Silicon Valley company, which last year received a first-of-its-kind site use […]

  • Pennsylvania Move to Join RGGI May Save Nuclear Plant

    Energy Harbor Corp., the new name for the former FirstEnergy Solutions (FES) after FES’s bankruptcy, on March 13 said its Beaver Valley nuclear plant in Shippingport, Pennsylvania, will remain open. FES in March 2018 had told state regulators it would close the plant in 2021 because it was no longer economic to operate. Energy Harbor […]

  • Exelon’s Peach Bottom Nuclear Plant Licensed for 80 Years—Will It Make It?

    The U.S. Nuclear Regulatory Commission (NRC) granted a 20-year license extension for Peach Bottom Atomic Power Station Units 2 and 3. The extension authorizes the two reactors—both of which began commercial operation in 1974—to continue operating through 2054. “We are pleased with the NRC’s decision to grant a subsequent license renewal for Peach Bottom Units […]

  • Nation’s Largest Community Solar Program Set to Launch

    Florida Power & Light (FPL) on March 3 received approval from state regulators to launch the nation’s largest community solar program. FPL’s $1.8 billion SolarTogether project will more than double the amount of available community solar power nationwide. The program, unanimously approved Tuesday by the Florida Public Service Commission (FPSC), adds almost 1.5 GW of […]

  • Trump’s Attempt to Bring Sanity to a Torturous Environmental Review and Permitting Process

    The Council on Environmental Quality (CEQ) proposed changes to the National Environmental Policy Act (NEPA) regulations to promote “efficient, effective, and timely” NEPA review by federal agencies (85

  • Georgia Commissioner: EVs Help Utilities and Ratepayers

    There’s general agreement among industry analysts that sales of electric vehicles (EVs) will continue to grow. Those same analysts, though, may not agree on the pace of growth. BloombergNEF (BNEF) in its “Electric Vehicle Outlook 2019” report said it expects yearly passenger EV sales will hit 10 million in 2025, up from just more than […]

  • Public Safety Power Shutoffs: How Utilities Could Partner

    Catastrophic wildfires have devastated California in recent years. This article seeks to outline a plan wherein neighboring utilities can send energy to support a utility that has shut down critical paths during wildfire mitigation efforts. On the morning of Nov. 8, 2018, the Camp Fire erupted 90 miles north of Sacramento, California (Figure 1). This fire […]