Legal & Regulatory

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

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 […]

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 […]

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 […]

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 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. […]

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. […]

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 […]

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 […]

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 […]

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 […]

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

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

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

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, […]

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. […]

“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],” […]

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 […]

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, […]

The Farmington, New Mexico, city council on Aug. 15 unanimously approved a deal to transfer 95% of the ownership interest of the coal-fired San Juan Generating Station (SJGS) to Enchant Energy, a company run by executives of a New York-based hedge fund that wants to utilize what it calls “state-of-the-art environmental technology” to capture carbon […]

Xcel Energy’s effort to purchase a 760-MW natural gas combined cycle facility in Mankato, Minnesota, from Southern Power, a wholesale energy provider and subsidiary of Southern Company, is meeting resistance from two state agencies. The Minnesota Department of Commerce (DOC) and the Minnesota Office of the Attorney General (OAG) recommended the Minnesota Public Utilities Commission […]

A coalition of 22 states and seven local governments on Aug. 13 filed a lawsuit against the Environmental Protection Agency (EPA) over its Affordable Clean Energy (ACE) rule, which the Trump administration finalized in June to replace the Obama administration’s legacy Clean Power Plan (CPP).  Separately, 10 public interest groups filed a petition on Aug. […]

The developers of a multibillion-dollar wind farm off the Massachusetts coast said August 12 they would continue with the project, despite the federal government delaying an environmental impact statement needed for the offshore facility. Vineyard Wind, a joint venture of Copenhagen Infrastructure Partners of Denmark and Oregon’s Avangrid Renewables, on Monday in a statement said […]

FirstEnergy Solutions (FES) said it will close the Bruce Mansfield power plant in Pennsylvania in November, two years ahead of the previously scheduled closure for the facility’s remaining coal-fired unit. FES in a statement August 9 cited a “lack of economic viability in current market conditions” for the decision to shutter the 830-MW Unit 3, […]

Renewable energy and battery storage are hot topics in the U.S. today. Lawmakers throughout the country debated various new energy policies during the 2019 legislative session. Nevada is among the states leading the way forward. Several new laws were passed in the state that will affect power companies and consumers for years to come. Curt […]

California utility Pacific Gas & Electric (PG&E) has asked the judge overseeing its bankruptcy case to support restructured deals with some of the utility’s power suppliers in an effort to reduce the price PG&E pays for those companies’ electricity. The fate of $42 billion worth of long-term power purchase agreements (PPAs) is a key component […]

NuScale Power, Rolls-Royce, and China National Nuclear Corp. (CNNC)—three companies working on different small modular reactor (SMR) technology—recently announced positive developments for their respective designs. NRC Makes Progress on NuScale Design Review Portland, Oregon-based NuScale said on July 22 that the U.S. Nuclear Regulatory Commission (NRC) completed the second and third phases of its SMR […]

Venture capital investments in battery storage companies and projects rose significantly year-over-year through the first six months of 2019, according to a report from Mercom Capital Group. That level of activity is consistent with the growth in energy storage noted by speakers on July 24 at the Storage Week Plus conference in San Francisco, California. […]

New York on July 18 enacted the Climate Leadership and Community Protection Act (CLCPA),  law that requires the state to produce 100% of its power from renewables and nuclear by 2040. The legislation includes agreements to build two offshore wind projects worth a combined 1.7 GW by 2025, the single largest renewable energy procurement in […]