Legal & Regulatory

  • QF Contracts and 21st-Century Economics

    Many power purchase agreements entered into between qualifying facilities (QF) and electric utilities during the 1980s and 1990s have several years remaining on their terms. These contracts typically require the generator to comply with the Federal Energy Regulatory Commission (FERC) regulations promulgated pursuant to the Public Utility Regulatory Policies Act (PURPA). The foremost FERC requirement […]

  • Coal Ash Regulation: Playing the Name Game

    What’s in a name? Would coal ash labeled as “special” hazardous waste be as easily recycled as that labeled nonhazardous waste?

  • Will Nuclear 2.0 Be Better, Faster, and Cheaper than Nuclear 1.0?

    The nuclear renaissance has been in play for several years yet not a shovel of dirt has been turned. Why should anyone believe that Nuclear 2.0 will be an improvement?

  • FERC Proposes an Improved Path for New Transmission

    In October of last year, the North American Electric Reliability Corp. (NERC) issued a study finding that maintaining electric reliability will require significant acceleration in the siting and construction of new transmission lines. The NERC study is indicative of growing concerns that changes to the current transmission planning process are necessary to maintain reliability and accommodate interconnection of the massive amounts of renewable resources expected to come online over the next 10 to 20 years.

  • Climate Change: Avoid Political Thickets

    A federal judge recently dismissed a lawsuit in which the plaintiffs alleged that defendants’ production of chemicals and electricity had “added to the ferocity of Hurricane Katrina.” The judge’s reasoning reveals the inherent limitations of courts unilaterally initiating policies to address climate change issues.

  • TREND: Fire Safety Again Tops Nuclear Agenda

    The U.S. Nuclear Regulatory Commission puts fire at the top of its safety concerns, calculating that fire constitutes half of all reactor safety risks, and lately fire safety has again become a major industry issue. For example . . .

  • Regulators Embrace Nuclear—Awkwardly

    A recent survey finds utility regulators contradicting themselves on the touchy subject of nuclear power. They say they like new nukes, but their actions belie their stated beliefs.

  • Energy Storage: Renewables’ Necessary Partner

    Timing is everything in the world of electric power generation. The timing of the delivery of electricity is affected by both the users’ demand and the speed with which a variety of energy sources supply power to the transmission system. Modern grids require reliable energy sources to instantly meet the needs of their users.

  • Rethinking Revenue Assurance for Utilities

    Should utilities take a new look at their approaches to maximizing profit margins?

  • Defining the Elephant: Smart Grid Status Check

    There is no doubt that the year-plus since passage of the American Recovery and Reinvestment Act of 2009 (Recovery Act) has borne witness to a great deal of activity among the diverse groups of smart grid stakeholders.