Legal & Regulatory

How often do you get a clash between two great Lone Star icons?

This November, as part of California’s eclectic version of participatory democracy, its residents will vote on whether to amend the Solar and Clean Energy Act of 2008. Proposition No. 7 (Prop 7) promises to place the state on “the path to energy independence.” It would require all California electric utilities, including municipals, to procure 50% […]

The California Air Resources Board (ARB) recently issued its long-awaited draft Climate Change Scoping Plan (Draft Plan) for implementing Assembly Bill (AB) 32, California’s ambitious greenhouse gas (GHG) emissions-reduction initiative. AB 32 requires California to reduce GHG emissions to 1990 levels by 2020—roughly a 30% reduction in projected “business-as-usual” emissions levels or 168 million metric […]

By Steven F. Greenwald and Jeffrey P. Gray David Crane, the CEO of NRG Energy, was recently quoted in a widely disseminated publication as saying: “It is a moral imperative that we take steps to reduce CO2 concentration in the earth’s atmosphere.” One might expect those reacting to Crane’s comments (made in a February 2007 […]

By Steven F. Greenwald and Jeffrey P. Gray These should be good times for environmentalists who focus on “green” energy policy. More than half the U.S. states have adopted renewable portfolio standards (RPS) that require utilities to meet specific renewable generation targets, and many are considering additional actions to reduce greenhouse gas (GHG) emissions. Such […]

Until very recently, common wisdom held that the price of renewable energy would fall as legislative procurement mandates ensured its long-term demand. The resulting growth in supply and sales would spur investment in the field, create economies of scale, and accelerate progress down the technology learning curve. Something unexpected, however, happened along the way. Though […]

In early February, Western GeoPower (WGP) announced its termination of a 20-year geothermal power purchase agreement (PPA) with Pacific Gas and Electric Co. (PG&E). A WGP press release explains that the company terminated the agreement because a regulatory approval condition had not been obtained within a 180-day time period stipulated in the PPA. WGP’s CEO, […]

  Renewable power proponents exuded great confidence as the U.S. Congress approached its near-annual end-of-year task of extending the production tax credit (PTC) for wind, solar, biomass, and geothermal power beyond its current December 2008 expiration. The debate promised to bypass the threshold issue of simply extending the PTC. It was expected to focus on […]

Given a chance to make a positive change in California’s wholesale generation market, the California Public Utilities Commission (CPUC) in December opted instead to maintain the state’s existing “hybrid” market model. That decision will further restrict meaningful opportunities for independent power producers (IPPs) and increase the likelihood that future generation will consist of utility ratebase […]

The U.S. Congress continues to debate proposals that would mandate that a set amount of the nation’s electricity come from renewable energy sources such as wind, the sun, or biomass. These discussions about adopting a nationwide renewable portfolio standard (RPS) raise significant concerns for power providers and customers alike. Backers of a one-size-fits-all federal RPS […]