Legal & Regulatory

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 […]

A federal judge in Ohio on July 18 approved American Electric Power’s (AEP’s) plan to close Unit 1 of its two-unit, 2,600-MW coal-fired Rockport Plant in Indiana. The modified consent decree approved by the U.S. District Court for the Southern District of Ohio on Thursday is the latest chapter in a long-running dispute among AEP, […]

In a bid to enhance the reactor oversight process (ROP), staff at the Nuclear Regulatory Commission (NRC) has recommended the commission change qualitative descriptions for some color labels that signify risk, scale back on the time and scope of some annual inspections at the nation’s nuclear power fleet, as well as increase intervals between inspections.  […]

The Georgia Public Service Commission (PSC) on July 16 threw its support behind Georgia Power’s plan to add 2,260 MW of new renewable power generation to the utility’s portfolio, on the same day the PSC signed off on the company’s effort to decommission its long-running coal-fired Plant Hammond. Georgia Power earlier this year submitted a […]

The North American Electric Reliability Corp. (NERC) recently issued a regulation for all power producers to test their electrical systems for proper coordination between protective relays. This protective-relay coordination standard number 27 (PRC-27) presents a big challenge for all power plants, but particularly for combined cycle/cogeneration plants, whose lean staffs lack the electrical engineering personnel […]

The Environmental Protection Agency (EPA) is behind on its proposed revisions to the Obama administration’s effluent limitations guidelines (ELGs) for steam electric power plants.  In an e-mail to POWER on July 9, the EPA confirmed that the agency was still “working expeditiously” to complete the proposed rule, and it has yet to submit it to […]

The U.S. Nuclear Regulatory Commission conducts an extensive evaluation of reactor technology before approving and ultimately licensing nuclear power plants. Korea Hydro and Nuclear Power Co. Ltd. began the

What does the 21st century power market look like? That is the question the European Union (EU) is attempting to answer with the new electricity regulation and revised electricity directive passed at the end

Every company invested in our nation’s clean energy transition is aware that 2019 is the last year that solar energy can take advantage of the 30% Investment Tax Credit (ITC) under Internal Revenue Code

Coal power, which has seen a marked decline in the U.S., is necessary for reliability and energy affordability, and sustaining it could boost pollution technology exports and “improve lives while driving down emissions worldwide,” said Environmental Protection Agency (EPA) Administrator Andrew Wheeler in a speech last week. Wheeler made the remarks at a 90-minute event […]

The Environmental Protection Agency (EPA) on June 24 proposed to partially approve Georgia’s permit program for the disposal of coal combustion residuals (CCR). As it did so, it gave other states some advice: Follow Georgia’s lead and assume oversight of coal ash that power plants dispose within your borders. The preliminary approval marks another important […]

A proposed 900-MW gas-fired power plant was rejected by Rhode Island regulators on June 20, leaving project developer Invenergy pondering its options for the planned facility in Burrillville. Rhode Island’s Energy Facility Siting Board, after a daylong hearing in Warwick, said the plant is not needed. Chicago, Illinois–based Invenergy can appeal the decision to the […]

Federal courts have been pretty kind to energy infrastructure in recent weeks, particularly in cases involving the National Environmental Policy Act (NEPA). For starters, this month, the U.S. Court of Appeals for the Ninth Circuit removed one of the hurdles to construction of the Keystone XL pipeline. The court decided that a new presidential permit—issued […]

The Environmental Protection Agency (EPA) has issued a final Affordable Clean Energy (ACE) rule to formally replace the Obama administration’s controversial Clean Power Plan (CPP).  Like the CPP, the June 19–issued final ACE rule will regulate greenhouse gases (GHGs), and it will be founded firmly on the agency’s 2009 Endangerment Finding. However, the ACE rule focuses […]