Legal & Regulatory

  • [UPDATED] EPA Sets Schedules for Long List of Power Plant Regulatory Actions 

    The U.S. Environmental Protection Agency (EPA) will act on a spate of power plant rules over the next year, its newly released agenda of regulatory and deregulatory actions shows. The May 23-released “Spring 2019 Agenda of Regulatory and Deregulatory Actions” lists 35 new actions, along with 57 actions that it considers “deregulatory.” The list includes new […]

  • Judge: TVA Deal for Bellefonte Nuclear Plant Stays in Place

    A federal judge this week ruled the Tennessee Valley Authority (TVA) must continue to honor an agreement to sell the unfinished Bellefonte Nuclear Power Plant to a real estate developer who has said he would complete construction of the long-idled project. U.S. District Court Judge Liles C. Burke, in a 17-page opinion issued after a […]

  • A Renewed Congressional Focus on Investigating the Energy Industry

    Legislative scrutiny of the energy industry have picked up of late. Here are practical steps from law firm K&L Gates that your company could take to prepare for congressional investigations.

  • PEC Safety and Veriforce Merge to Create Comprehensive Supply Chain Safety and Compliance Platform

    Merger integrates wide-ranging network of safety and risk mitigation professionals, critical compliance solutions delivered on a modern SaaS platform, and industry-leading training services. MANDEVILLE, La. and HOUSTON, May 15, 2019 /PRNewswire-PRWeb/ — PEC Safety and Veriforce, recognized leaders in delivering safety and compliance solutions to industrial markets, today announced that they have merged to create a […]

  • Utility Group Under Congressional Investigation Will Disband

    A utility industry coalition that has often challenged stricter air pollution and climate rules for power generation said it will dissolve. The Utility Air Regulatory Group (UARG), which has been under investigation from the House Energy and Commerce Committee due to its relationship with the Environmental Protection Agency’s (EPA’s) top air policy official and his […]

  • Monitoring Solutions Acquires Optimal Air Testing Services

    Announces Expansion into Source & Compliance Testing Services May 7, 2019, Indianapolis, Indiana: Monitoring Solutions, Incorporated is excited to announce the acquisition of Optimal Air Testing Services (“Optimal”), a Casper, Wyoming based provider of stack and source testing to support compliance, guarantee, and engineering services. Addition of the Optimal staff brings tremendous industry knowledge, experience […]

  • EPA Will Issue Final Carbon Rules for Power Plants in June

    The Environmental Protection Agency (EPA) plans to take final action to repeal the Clean Power Plan in June 2019, a federal court filing shows. The agency told the D.C. Circuit—in a May 6 status report—review of the Obama-era rule that sets the first carbon dioxide limits for existing power plants “continues to be a high […]

  • EMP Threat Real but Limited, EPRI Says in Much-Anticipated Report

    Depending on the hazard field, electromagnetic pulses (EMPs) resulting from detonation of a nuclear weapon at high altitude or in space could cause significant damage to electronics on the bulk power system and even prompt a regional voltage collapse, the Electric Power Research Institute (EPRI) says in much-anticipated findings from its three-year study on high-altitude […]

  • Allocating Risks Strategically: How to Complete Successful Power and Energy Projects

    Power and energy construction projects are often complex and nearly always full of risks. On some jobs, miscalculating schedules and underestimating material expenses can result in hundreds of millions of

  • How Qualified Opportunity Zones Can Spark Green Energy

    While the new Qualified Opportunity Zones (QOZ) program initially has drawn widespread interest regarding real estate development, it also appears likely to generate promising opportunities for green energy

  • Best Practices for Wind Project Partial Repowering

    Partial wind project repowering enables owners to generate more energy from their sites, extend the life and improve the availability of their projects, and take advantage of extended renewable energy

  • Indiana Regulators Reject Vectren Plan for Gas Plant

    The Indiana Utility Regulatory Commission (IURC) on April 24 rejected Vectren’s proposal to build an 850-MW natural gas-fired power plant to replace two coal-burning units at its A.B. Brown Generating Station, along with another coal unit at a nearby plant. The commission said it based its decision on the potential financial risk to ratepayers who they said […]

  • Federal Court Vacates Parts of Obama EPA’s ELG Rule 

    In a legal victory for environmental groups, a federal court has vacated key portions of the Environmental Protection Agency’s (EPA’s) November 2015-promulgated effluent limitations guidelines (ELGs) for steam electric power plants, deeming them “unlawful.”  The decision adds a dramatic new element of uncertainty in timing of the rule, which the Trump administration has said it […]

  • Dominion Brokers 10-Year Deal to Keep Millstone Nuclear Plant Open

    Connecticut Gov. Ned Lamont on April 15 announced the Millstone Nuclear Power Station will stay open for at least another decade, thanks to a deal between Dominion, the plant’s owner, and utilities Eversource and United Illuminating, a subsidiary of Avangrid. Millstone, like other U.S. nuclear power plants, has been challenged by rising operating costs and […]

  • Nuclear Subsidy Dispute Now Rests with FERC, Competitive Generators Say 

    The U.S. Supreme Court’s refusal to reconsider industry-led challenges to state nuclear subsidy programs in New York and Illinois leaves the contentious matter to the Federal Energy Regulatory Commission (FERC).  The high court on April 15 declined to accept petitions for review of decisions by the Second Circuit and Seventh Circuit, dealing a major blow […]

  • PJM Will Hold Capacity Auction Under Current Rules in August

    PJM Interconnection said it will hold its 2022–2023 capacity auction under current market rules on Aug. 14, 2019, though the Federal Energy Regulatory Commission (FERC) has yet to issue a decision on the grid operator’s plan to revamp its Minimum Offer Price Rule (MOPR). In an April 10 filing, however, PJM asked FERC to clarify that […]

  • A Real Green New Deal? A Look at the Past for Today’s Energy Policy Solution

    Despite years of escalating natural disasters and dozens of reports examining the science and economic cost of climate change, the Green New Deal framework now languishes as a result of political backlash and its outsize ambition to remake the American economy. But dismissing the issue, and this opportunity, is unnecessary and dangerous.

  • N.C. Officials Order Duke Energy to Excavate Coal Ash Ponds

    North Carolina officials have ordered Duke Energy to excavate all its coal ash storage ponds in the state, saying the utility’s current plan for its coal ash sites does not sufficiently protect groundwater. The directive issued April 1 comes after regulators in other states, including Virginia, issued similar rulings regarding coal ash disposal in those […]

  • States Seek Financial Tools to Replace Coal with Clean Energy

    Colorado lawmakers are considering legislation (HB19-1037) designed to help the state’s investor-owned utilities gracefully back out of non-economic coal-fired power plants. Colorado is at the forefront of

  • Plenty of Natural Gas to Go Around—It Just Needs a Market

    Demand growth for natural gas for power generation may have slowed in the U.S., as renewable resources continue to take market share. With U.S. production continuing to hit record highs, and new gas-fired

  • Energy Resilience Demands Action—Just Not This One

    In an apparent attempt to show supporters he is making good on his pledge to revive the dying coal industry, President Trump has been trying to find a way to funnel tens of billions of dollars to a small

  • Bipartisan Senators Move to Cement Nuclear Power’s Future

    A wide-ranging bill introduced by a large group of bipartisan U.S. senators on March 27 seeks to cement the role advanced nuclear reactors will play in the nation’s future power mix.  The “Nuclear Energy Leadership Act” (NELA), aims to “reestablish U.S. leadership in nuclear energy,” which has been lost to state-sponsored development in Russia and […]

  • MET Announces New Patents for Ammonia FGD Advancements

    Lebanon, Pennsylvania | Marsulex Environmental Technologies Corporation (MET) has been granted two new US patents, building upon MET’s commercially-proven ammonium sulfate flue gas desulfurization technology (AS FGD). These new developments, together with the patented and proprietary AS FGD, provide further recognition of MET’s commitment to the continual innovation of its flagship technology. The new patents represent […]

  • POWER Notebook: First Order for Novel Gas Turbine; Three Mile Island Accident Turns 40; PG&E Pushes Back on Judge’s Proposal

    Siemens, Three Mile Island, and Pacific Gas and Electric (PG&E) made notable headlines over recent days. Here is this week’s POWER notebook.  Siemens Bags First Order for 41-MW Aeroderivative Gas Unit Siemens on March 25 said it received its first order for its newest aeroderivative gas turbine offering—the SGT-A45. The buyer, Bayat Power, a subsidiary […]

  • Vogtle Loan Guarantees Praised, Criticized

    Energy Secretary Rick Perry on March 22 said his department will guarantee up to $3.7 billion in additional loans to finance continued construction of two new nuclear reactors at the Vogtle plant in Georgia. While Perry and other government officials stressed the importance of the project to the U.S. nuclear industry, critics called it a […]

  • Trump Administration Set to Guarantee $3.7 Billion to Finish Vogtle Nuclear Expansion

    Energy Secretary Rick Perry will reportedly announce March 22 that the Trump administration will finalize $3.7 billion in loan guarantees to support completion of the Vogtle nuclear plant construction project. The announcement is expected when Perry visits the site near Waynesboro, Georgia, on Friday along with Georgia Gov. Brian Kemp and Southern Co. CEO Tom […]

  • Dominion Reaches Deal to Keep Millstone Nuclear Plant Open

    Dominion Energy has reached an agreement with utilities in Connecticut to keep the Millstone Power Station, the state’s only nuclear power plant, in service for at least another decade. Dominion announced the deal March 15, the deadline the company had to tell ISO New England, the regional grid operator, whether it would retire the two […]

  • Westmoreland Coal Emerges from Chapter 11 Bankruptcy

    Westmoreland Coal Co., the nation’s largest independent coal producer, announced March 15 that it has emerged from Chapter 11 bankruptcy and will operate as a new, privately held company. The company, headquartered in Englewood, Colorado, near Denver, said its assets, including three mines in Montana, are now owned and operated by Westmoreland Mining LLC, a […]

  • Power Companies Refute Findings of Widespread Coal Plant Groundwater Contamination

    An estimated 91% of U.S. coal power plants that submitted groundwater monitoring data as required by the Environmental Protection Agency’s (EPA’s) 2015 Coal Combustion Residuals (CCR) rule have unsafe levels of one or more contaminants, a collaborative analysis of the monitoring data by several environmental groups suggests.  The March 4 report is significant because power […]

  • Recent U.S. Utilities Bankruptcies Raise Important Questions About Safe Harbor for Forward Contracts

    COMMENTARY Are power purchase and similar agreements excluded from the automatic stay under the safe harbor for forward contracts? Both the FirstEnergy Solutions and Pacific Gas & Electric (PG&E) bankruptcies have seen proceedings regarding power purchase and similar agreements (PPAs) that raise this question. Contracts often contain provisions that enable a party to terminate or modify […]