Legal & Regulatory

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 […]

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 […]

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 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 […]

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.

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 […]

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

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

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

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 […]

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 […]

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 […]

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 […]

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 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 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 […]

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 […]

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 […]

The New York-based hedge fund aiming to take over New Mexico’s San Juan Generating Station (SJGS), targeted for closure by state lawmakers, wants to refit the 46-year-old, coal-fired plant to use carbon capture and sequestration (CCS) technology. Acme Equities LLC said last week that retrofitting the 847-MW plant with CCS technology would cut carbon emissions […]

After the Great Tohoku Earthquake and tsunami, and ensuing crisis at the Fukushima Daiichi nuclear plant in March 2011, Japan issued stringent safety regulations and reviews that affected its entire 50-reactor fleet. It meant that as each Japanese nuclear reactor entered its scheduled maintenance and refueling outage, it could not returned to operation until restart […]

America’s energy mix is undergoing a period of rapid change. The way we generate electricity in this country looks dramatically different than it did just a decade ago, as wind and solar have matured and

If you’ve been following the news, you know that Pacific Gas and Electric Co. (PG&E) recently filed for Chapter 11 bankruptcy protection because it is facing tens of billions of dollars in liability for

Eight years after Germany decided it would halt nuclear power production by 2022, the country that relied on lignite and hard coal for 38% of its generated power in 2018 will phase out coal by 2038 or earlier

The Senate on February 28 officially confirmed Andrew Wheeler to be administrator at the Environmental Protection Agency (EPA) on a 52–47 vote, mostly along party lines. The nomination of Wheeler, a former coal lobbyist, was controversial, with many lawmakers and environmentalists criticizing his ties to the coal industry.  Wheeler has held the role in an acting […]

The Environmental Protection Agency (EPA) will refrain from amending the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO2), retaining a 2010 rule, which it said adequately protects public health.  The agency on Feb. 25 said in a notice that a periodically required review of the primary—or health-based—rule concluded no revision was necessary. The […]

Carol Holahan, counsel in Foley Hoag’s Energy & Cleantech practice, was a guest on The POWER Podcast. Holahan advises large regional generators and other participants in the wholesale and retail competitive electricity markets on policy initiatives, changing environmental regulations, decommissioning and sale of plants, and matters pending before the Federal Energy Regulatory Commission (FERC). During […]

A private New York-based real estate investment company that focuses on North American energy projects has reached an agreement with officials in Farmington, New Mexico, to keep the coal-fired San Juan Generating Station open beyond 2022. The city is part-owner of the 847-MW plant, and the other owners—which include Tucson Electric Power, Los Alamos County, […]

Georgia regulators on February 19 approved another $526.4 million in expenditures by Georgia Power related to the long-delayed Vogtle nuclear power plant expansion near Waynesboro, Georgia. Georgia Public Service Commission (PSC) members voted 4-1 to approve a settlement agreement for the 19th Vogtle Construction Monitoring (VCM) Report, which covers the first six months of 2018. The […]

California Governor Gavin Newsom on February 12 said the state has formed a “strike team” as it works to develop plans to help not only utility ratepayers but also utility employees. The move comes in the wake of the bankruptcy filing by Pacific Gas & Electric (PG&E) as the state’s largest utility deals with its […]

In line with customer preferences, U.S. investor-owned electric companies are heavily invested in decarbonization and electrification, the Edison Electric Institute (EEI) told Wall Street analysts and bankers on Feb. 6. In its annual presentation to potential investors and industry observers, the trade association that represents U.S. investor-owned electric companies lamented a number of uncertainties affecting […]