Legal & Regulatory

  • Preparing for the Freeze: A Practical Guide to NERC EOP-012 Cold Weather Compliance

    The stakes have never been higher for power generation facilities when it comes to extreme cold weather. Severe winter events exposed critical vulnerabilities across the U.S. power grid, leading to widespread outages and cascading failures. These events underscored a harsh reality: cold weather preparation is no longer an option; it’s a necessity. To meet this […]

  • Federal Grid Interventions Enter a Second Phase as DOE Extends Emergency Orders

    The Trump administration’s unprecedented use of emergency grid authorities entered a second phase in August 2025, as the Department of Energy (DOE) extended three critical reliability orders. The measures signal that this year’s historic string of federal interventions—staked in Section 202(c) of the Federal Power Act—are likely to continue beyond the traditional summer peak and […]

  • DOE Allocates Second Round of HALEU Fuel to Three U.S. Nuclear Companies

    The U.S. Department of Energy (DOE) has unveiled three more companies to which it will allocate high-assay low-enriched uranium (HALEU) under conditional commitments in a bid to support advanced reactor development and domestic fuel production. The Aug. 26 announcement marks the second round of allocations under DOE’s HALEU Availability Program but it links to two […]

  • Trump Names Democrat David Rosner as FERC Chairman

    President Trump has appointed David Rosner as chairman of the Federal Energy Regulatory Commission (FERC), elevating the Democratic commissioner to lead the independent energy regulator after Republican Mark Christie stepped down from the position. Rosner has served as a FERC commissioner since June 2024 and officially assumed the chairman role on Aug. 13. The appointment […]

  • DOE Approves Fifth Loan Disbursement to Holtec for Historic Restart of Palisades Nuclear Plant

    The U.S. Department of Energy released an $83.2 million loan disbursement to Holtec International on Thursday, bringing total federal funding to $335.1 million as the company moves toward completing America’s first commercial nuclear reactor restart. The fifth installment under DOE’s $1.52 billion loan guarantee follows key Nuclear Regulatory Commission (NRC)  approvals that authorized Holtec to […]

  • Trump Administration to Overhaul Drone Rules, Fast-Track Nuclear Reactor Deployment on the Moon

    The Trump administration has proposed new drone regulations that will eliminate case-by-case approval processes for beyond visual line of sight (BVLOS)  operations, while Acting NASA Administrator Sean Duffy confirmed accelerated plans to deploy a nuclear reactor on the moon by 2030. The Federal Aviation Administration (FAA), Department of Transportation (DOT), Transportation Security Administration (TSA), and […]

  • Nuclear Power: A Critical Pillar for U.S. Economic Growth and National Security

    Nuclear power has emerged as a linchpin for U.S. goals for energy and national security. The nuclear sector has a long history of bipartisan support in the federal government.

  • DOE’s Fifth Emergency Order—for PJM—Caps Summer of Escalating Grid Risk

    The Department of Energy (DOE) has issued its fifth 202(c) emergency order this year, directing PJM Interconnection to override environmental limits and dispatch an oil-fired power generating unit in Maryland strictly as needed to avert possible blackouts in the Baltimore region. The July 28 order, issued under Section 202(c) of the Federal Power Act, authorizes […]

  • PJM’s Record-High Capacity Prices Spark Sector Reckoning as Market Signals, Policy Battles Intensify

    Capacity prices in PJM Interconnection’s latest auction spiked to the market’s price ceiling, hitting $329.17/MW-day across the board for the 2026/2027 delivery year—the maximum allowed under new Federal Energy Regulatory Commission (FERC) rules. The regional transmission organization’s (RTO’s) competitive Base Residual Auction (BRA), conducted on July 9, 2025, and released on July 22, secured 134,311 […]

  • Energy Allies: Communities and Utilities Building Resilience Together

    Sponsored by:
    Ameresco

    Extreme weather and aging grid infrastructure are causing longer, more frequent power outages—making energy resilience a growing priority for utilities and communities. This new resource features a range of strategies for strengthening local energy systems, with a focus on how strategic partnerships between municipalities and utilities are driving positive results. You’ll explore five case studies […]

  • EPA Extends Coal Ash Compliance Deadlines, Citing Utility, Contractor Strain

    Citing a mounting compliance crunch in America’s coal-fired power sector, the U.S. Environmental Protection Agency (EPA) has finalized new rules extending key deadlines for coal ash cleanup and management, while floating the prospect of a further 12-month delay. The changes address calls from utilities, engineering contractors, and state regulators for more realistic timeframes to assess, […]

  • PSC Greenlights Georgia Power Plan to Expand Coal, Gas, Nuclear, and Grid Infrastructure

    The Georgia Public Service (PSC) Commission has unanimously approved Georgia Power’s 2025 Integrated Resource Plan (IRP), authorizing a massive energy expansion to accommodate what the utility calls “extraordinary” growth in electricity demand. The PSC’s approval on July 15 allows the Southern Co. subsidiary to proceed with major capacity extensions at its flagship coal, gas, and […]

  • Regulator Approves AEP Ohio’s Landmark Data Center Tariff

    The Public Utilities Commission of Ohio (PUCO) has approved a landmark tariff structure requiring large new data center customers to pay for a minimum of 85% of their subscribed electricity usage—regardless of actual consumption—for up to 12 years. The measure marks a pivotal step in Ohio’s efforts to address surging demand from hyperscale data centers […]

  • Nuclear Fusion, Climate Change, and IP Rights: Striking the Right Balance

    Net power through nuclear fusion may finally be within reach. Fusion technology is moving out of the lab, and many companies, driven by the shared dream of carbon-free energy to combat climate change, are striving to commercialize technologies to make fusion a reality.

  • IBEW ‘Strongly Opposes’ GOP’s Draft of ‘Big, Beautiful Bill’; Cites Hundreds of Thousands of Lost Jobs

    IBEW International President Kenneth W. Cooper on June 29 issued the following statement on Senate Republicans’ draft reconciliation bill, the so-called “Big Beautiful Bill” that threatens several sectors, including renewable energy: “This budget reconciliation bill is a direct attack on working families, shoveling tax breaks to the rich while turning its back on the people […]

  • DOE Pilot Program Targets Three Nuclear Test Reactors for 2026 Criticality Under Department Authorization

    The U.S. Department of Energy (DOE) has launched a novel pilot program that will allow private developers to build and operate full-scale advanced nuclear test reactors outside of the national laboratory system, without a license from the Nuclear Regulatory Commission (NRC). Through a new authorization model grounded in the Atomic Energy Act and a Trump-era […]

  • Energy Policy—We Can’t Afford to Hit ‘Pause’ Now

    As Donald Trump took office in January, the administration immediately declared a national energy emergency, explaining that “we need a reliable, diversified and affordable supply of energy to drive our Nation’s manufacturing, transportation, agriculture, and defense industries.”   Both ends of the political spectrum agree that the U.S. desperately needs more power on the grid—among other […]

  • The Courtroom Risk No One in Power Generation Can Afford to Ignore

    In an industry grappling with decarbonization mandates, volatile energy markets, and supply chain uncertainty, another threat has quietly emerged with the power to upend everything: the courtroom. Mega verdicts—jury awards exceeding $10 million—are not new. But the scale, frequency, and unpredictability of these rulings are escalating. According to a 2025 corporate verdicts report published by […]

  • Powering the Future Without Paralyzing It

    The future of energy is rapidly evolving. The explosion of artificial intelligence (AI) and the enormous energy infrastructure it demands will continue to drive unprecedented electricity needs. Goldman Sachs projects that U.S. power demand could grow by as much as 20% by the decade’s end, in large part due to the construction of data centers. These […]

  • Decarbonization Whiplash Prompts a Power Sector Recalibration 

    What happens when a political U-turn suddenly upends years of decarbonization strategy? As the U.S. House of Representatives moves to dismantle key clean energy tax credits, POWER examines how utilities and developers are rethinking timelines, technologies, and financing, while racing to keep the energy transition on track.  On May 22, 2025, the U.S. House of […]

  • EPA Weakening Rules on Power Plant Emissions in Boost for Fossil Fuels

    The U.S. Environmental Protection Agency (EPA) has announced sweeping changes to regulations on emissions of greenhouse gases (GHG) and other pollutants from coal- and natural gas-fired power plants, weakening rules established under the Biden administration that sought to combat climate change.

  • America Power’s Statement on EPA’s Proposal to Repeal Carbon Rule

    The U.S. Environmental Protection Agency (EPA) on June 11 proposed to repeal the agency’s Carbon Rule. America’s Power president and CEO Michelle Bloodworth released the following statement: “America’s Power commends EPA for proposing to repeal the Carbon Rule. The repeal will make our nation’s electricity system more reliable and electricity prices more affordable, and enable […]

  • NuScale’s 77-MWe SMR Clears NRC Review, Sets Stage for First Firm Order

    The Nuclear Regulatory Commission (NRC) has approved NuScale Power’s uprated 77-MWe (250-MWth) small modular reactor (SMR) design, clearing the nuclear technology firm’s second standard design approval (SDA). The development marks a boost for ENTRA1 Energy, NuScale’s exclusive commercialization partner, which is in “various stages of discussions with potential customers” in the U.S. and abroad, the […]

  • Tariff Tempest: Renewables’ Route Through the Current Tariff Climate

    The current state of play for tariffs is creating headwinds and challenges, along with complexity and uncertainty, for global economies and certainly the renewable energy industry. While the renewable energy sector is no stranger to tariffs and the “challenge” they present, knowing the current status of such tariffs is the first step to developing mechanisms for dealing with them in a way that can give your project the best chance at success.

  • Analysis: FERC Denies Hypothetical Capital Structure Incentive for Valley Link Transmission Project

    The Federal Energy Regulatory Commission (FERC) on May 13 of this year issued an order addressing the formula rate filings and requests for transmission rate incentives for the Valley Link Transmission Project Portfolio. The project is a $3-billion, 417-mile multi-state transmission initiative spanning Maryland, Virginia, and West Virginia (collectively, Valley Link). While FERC approved several […]

  • Papering Energy: Do Your Contracts Have the Right ‘Power’?

    I have spent years in law firms and in-house legal departments counseling clients in the energy sector with respect to their contracts and the related process they utilize in papering their deals. What I have learned is that the pitfalls awaiting a company that isn’t effectively papering its deals and/or following a streamlined and clear […]

  • DOE Issues Rare Emergency Order to Delay Michigan Coal Plant Retirement Amid MISO Grid Risk

    The Department of Energy (DOE) has issued an emergency order to delay the closure of Consumer Energy’s 1,560-MW J.H. Campbell coal-fired power plant in West Olive, Michigan, citing urgent reliability concerns for the Midcontinent Independent System Operator (MISO) grid as the Midwest braces for peak summer electricity demand.  The rare order, issued May 23 by Energy […]

  • Deep Isolation Welcomes Presidential Action to Reinvigorate U.S. Nuclear Waste Disposal Program

    Deep Isolation, a leading innovator in nuclear waste disposal technology, in a news release said the group applauds the suite of executive orders signed by President Trump on May 23. The orders prioritize revitalizing the nuclear industrial base, accelerating the deployment of advanced reactors, and advancing spent nuclear fuel (SNF) and high-level radioactive waste (HLW) […]

  • EPA Moving to Axe Emissions Limits from Coal- and Gas-Fired Power Plants

    The U.S. Environmental Protection Agency (EPA) has confirmed it  is drafting a plan to eliminate all limits on greenhouse gases (GHG) from coal- and natural gas-fired power plants. The EPA on May 24 said a new rule on emissions would be published after interagency review.

  • NERC’s Summer Grid Outlook Shows Progress, but Elevated Risks Persist as Load Growth Outpaces Flexibility

    All regions across the North American bulk power system (BPS) are generally positioned to meet peak demand under normal summer conditions, though elevated risks of electricity supply shortfalls could persist under extreme heat, surging demand, and resource variability, the North American Electric Reliability Corp. (NERC) warns. In its May 14–released 2025 Summer Reliability Assessment (SRA), […]