Legal & Regulatory

  • Restructuring Report: Eskom ‘Fundamentally Insolvent, Permanently Impaired’

    Eskom, South Africa’s state-owned utility that produces nearly 90% of the African powerhouse’s electricity, is saddled with liabilities, unavoidable expenses, and stranded costs that exceed $113 billion, and for various reasons, it is “fundamentally insolvent, permanently impaired, and will never be a true going concern enterprise under its current legal, operational, and governance structure,” concludes […]

  • FERC Backs First Compliance Filings on Energy Storage Rule

    The energy storage market received a boost Oct. 17 when the Federal Energy Regulatory Commission (FERC) approved the first two compliance filings implementing Order 841, a rule the commission said is designed to eliminate market barriers to electricity storage. Order 841 was enacted in February 2018. The measure directs regional power grid operators to establish […]

  • AECOM selected to provide clean closure of a coal ash impoundment involving the beneficial use of ponded ash

    LOS ANGELES (October 17, 2019) — AECOM, the world’s premier infrastructure firm, announced today it will provide engineering, procurement and construction management services for the clean closure of the coal ash pond at A.B. Brown Generating Station located outside Evansville, Indiana. The project will remove up to 6,000,000 tons of coal combustion residuals (CCRs) from […]

  • Small Modular Reactors Have High-Level Support

    U.S. Department of Energy (DOE) Secretary Rick Perry is headed to Brussels, Belgium, to promote small modular reactor (SMR) concepts to European Union (EU) prospects. Perry will be a featured speaker during the “1st U.S.-EU High-Level Industrial Forum on Small Modular Reactors,” which will be held Oct. 21. “The U.S. and the EU share a […]

  • Exelon Utilities’ CEO Retires as Federal Investigation Continues

    The CEO of major U.S. energy company Exelon Utilities retired on Oct. 15, leaving the company as federal officials investigate Exelon’s lobbying activities at the Illinois State Capitol. The retirement of Anne Pramaggiore, 61, who became CEO of Exelon Utilities in 2018, comes less than a week after Exelon subsidiary Commonwealth Edison (ComEd), Illinois’ largest […]

  • Judge: Court Will Consider Rival Proposal for PG&E Reorganization

    A federal bankruptcy judge on Oct. 9 ruled that Pacific Gas & Electric (PG&E), California’s largest utility, does not have the sole right to determine the terms of its reorganization. Judge Dennis Montali said those who support a rival proposal, which was devised by a group of the utility’s creditors, can have their plan considered. […]

  • Coal Users’ Group Updates Name and Mission to Address Current Industry Challenges

    The PRB Coal Users’ Group is changing its name to the American Coal Users’ Group. The Board of Directors recognizes that times are changing for the coal industry, and the organization needs to change as well to be more inclusive with its membership, and spread the lessons beyond sub-bituminous coal users. HOUSTON (PRWEB) OCTOBER 01, […]

  • What’s Driving the Rise of Behind-the-Meter Distributed Energy Resources

    A substantial shift in implementation of distributed energy resources (DERs) is on the horizon with the collision of new technologies and higher energy demand. Innovation is spawning an abundance of potential

  • Investing in African Energy—Weighing Risks and Rewards

    Foreign energy companies are investing in Africa as that continent builds out its power generation infrastructure. But there are risks to those investments, as some governments—Angola, Tanzania, and Libya

  • Public vs. Private: The Boulder Case

    In my “Speaking of Power” column last month, I explained that JEA, a community-owned utility in northeast Florida, is contemplating privatization. One of the reasons JEA is considering the change is that

  • DLN Upgrade Helps Gas Turbines Meet ‘Blue Sky’ Requirements

    Power plants around the world are being tasked with reducing emissions. In China, Shenzhen Nanshan Power Plant installed an innovative dry low-NOx upgrade on its gas turbines, helping the units meet

  • Removing Asbestos and Regulated Materials Key to Power Plant Decommissioning

    Retiring and decommissioning coal power plants is becoming a more-frequent occurrence around the world. The job comes with many challenges, but projects in the U.S. and UK have proven that remediation and

  • The POWER Interview: SEPA’s Julia Hamm Talks Solar Pathways

    The Smart Electric Power Alliance (SEPA) is meeting this week in Salt Lake City, Utah, joining with the Solar Energy Industries Association (SEIA) to present North America Smart Energy Week, which this year includes both the long-running Solar Power International gathering along with Energy Storage International. A big theme this week is the integration of […]

  • FERC GOP Majority Flexes Partisan Muscles for PURPA Reform

    The newly empowered Republican majority on the Federal Energy Regulatory Commission (FERC) flexed its administrative muscles Sept. 19 at its regular monthly meeting, voting 2–1 to issue a notice of proposed rulemaking (NOPR) to reform rules pertaining to the Public Utility Regulatory Policies Act (PURPA). It was FERC’s first public meeting since July, when the […]

  • Vistra Will Close Another Illinois Coal Plant

    A Vistra Energy subsidiary on Sept. 16 said it will close the nearly 60-year-old E.D. Edwards coal-fired plant in Bartonville, Illinois, by year-end 2022 under a settlement between the company and environmental groups the Sierra Club, the Natural Resources Defense Council, and the Respiratory Health Association. The groups made a joint announcement Monday of the […]

  • Nine Utility Companies Suing Trump Over Emissions Rule

    A coalition of nine utility companies is suing the Trump administration over its plan to replace the Obama-era Clean Power Plan. New York-based Consolidated Edison said the Affordable Clean Energy, or ACE, rule undermines efforts the companies already have in place to cut greenhouse gas emissions from power generation. The companies, who call their group […]

  • Exelon’s Byron 2 Completes First Insertion of Westinghouse Accident-Tolerant Fuel 

    Exelon’s Byron Unit 2 nuclear power plant has completed installation of EnCore Fuel, Westinghouse Electric Co.’s accident-tolerant fuel (ATF) solution, marking the start of the first test of uranium silicide fuel pellets in a commercial nuclear reactor.  The installation, completed during the plant’s scheduled 18-day spring refueling outage this April, but publicly announced on Sept. […]

  • California’s Largest Battery Storage Installation to Be Installed in Mojave Desert

    The Los Angeles Department of Water and Power (LADWP) and Glendale Water and Power, through the Southern California Public Power Authority (SCPPA), on May 16, 2019, received SCPPA’s approval on agreements with 8minute Solar Energy (8mSE) for the installation of a 300-MW/1,200-MWh battery energy storage system (BESS) located at 8mSE’s Eland Solar and Storage Center. […]

  • Power Companies Advance Voluntary Avian Protection Without Threat of Liability for Incidental Take

    With shifts in political winds come shifts in agency legal interpretations. In January 2017, the solicitor of the U.S. Department of the Interior (DOI) issued a formal legal opinion interpreting the Migratory Bird Treaty Act (MBTA) to prohibit the incidental take (accidental injury or death) of migratory birds. This “midnight” legal opinion was widely viewed […]

  • PG&E’s Reorganization Plan—Cap Wildfire Liabilities at $18 Billion

    Pacific Gas & Electric (PG&E) wants to cap its liabilities from damages caused by California wildfires at about $18 billion, according to the reorganization plan filed by the bankrupt utility September 9 in federal court in San Francisco. The amount is less than half what creditors, including insurance companies and wildfire victims, say they are […]

  • PG&E Seeking $14 Billion in Restructuring Plan

    Pacific Gas & Electric (PG&E) reportedly will soon file a restructuring plan that includes more than $14 billion in equity commitments, as the utility looks to recover from billions of dollars in liabilities tied to its role in California wildfires that caused the company to file the largest utility bankruptcy in U.S. history. Bloomberg on […]

  • How to Ensure Plant Reliability and Regulatory Compliance

    Lock in safe, reliable operations by opening the door to third-party expertise There’s still a big takeaway from a 2008 Florida blackout, and it’s not the size of the fine that followed. Although it was the largest penalty levied under the new reliability standards at that time, here’s the bigger elephant in the room: Florida […]

  • Public vs. Private: What’s Best for Power Customers?

    There are generally three types of electric power utility ownership structures: public power utilities, rural electric cooperatives, and investor-owned utilities (IOUs). The American Public Power Association

  • A Renewable Benefit: Texas Extends Tax Abatement Program

    Texas Governor Greg Abbott (R) signed a bill into law this legislative session that extends the state’s Chapter 312 property tax abatement program until Sept. 1, 2029. The program was set to expire at the

  • What Keeps Energy Leaders Up at Night? It’s More About Climate Change Than You May Think

    This year, it seems hardly a week has gone by without a new report making us even more nervous about climate change. It’s as if the editorial theme for 2019 was: “It’s worse than you thought.” Maybe

  • BLM Backs 200-MW Solar Project in Northern Nevada

    The U.S. Bureau of Land Management (BLM) on Aug. 28 announced its Sierra Front Field Office in the Carson City District in Nevada approved the use of BLM land that will serve the proposed Dodge Flat Solar Energy Center (DFSEC), a 200-MW alternating current photovoltaic (PV) solar energy project near Wadsworth, Nevada, in Washoe County, […]

  • FERC, NERC Want to Disclose Names, Penalties for Cybersecurity Reliability Violations

    The names of bulk power system entities that violate federal critical infrastructure cybersecurity reliability standards—along with identification of standards violated and penalties assessed—may soon be routinely disclosed under changes proposed by the Federal Energy Regulatory Commission (FERC) and the North American Reliability Corp. (NERC).  The proposed changes, which FERC and NERC outlined in an Aug. […]

  • FERC’s LaFleur Decries Partisanship and Politicization

    “I hate to see things going out along party lines,” Cheryl LaFleur, outgoing commissioner of the Federal Energy Regulatory Commission (FERC), told POWER during an exclusive interview. “During my 35 years of watching FERC, that has not been the pattern.” During the early years of the Obama administration, “we didn’t think of ourselves as [partisan],” […]

  • EPA’s Final Regional Haze Guidance Highlights State Discretion, Flexibility

    New guidance issued by the Environmental Protection Agency (EPA) on Aug. 20 to help states prepare for the second implementation period of the federal regional haze program puts emphasis on “discretion and flexibilities” they can use to comply with long-standing mandates to protect visibility in federal areas.   While it is not binding, the EPA’s […]

  • Although ‘Trump Digs Coal,’ His Administration Is Missing the Message

    COMMENTARY At this point, one thing should be abundantly clear about the Trump administration’s theme on energy policy: the president will do whatever it takes to prop up coal, even if the market and the public choose otherwise. The Trump administration’s latest pro-coal gambit is the Environmental Protection Agency’s (EPA’s) so-called Affordable Clean Energy rule, […]