Legal & Regulatory

  • Plagued by Grim Challenges, Vogtle Nuclear Expansion Lags Behind Schedule, Says Oversight Consultant

    The two-unit Vogtle expansion in Georgia faces major challenges that are poised to derail its schedule and ramp up costs—and the project is already behind schedule, a consulting firm tasked with construction oversight of the project told regulators. In revealing testimony filed with the Georgia Public Service Commission’s (PSC’s) public interest advocacy staff on November […]

  • Xcel’s Latest Plan: Carbon-Free by 2050

    Xcel Energy has announced its plan to move to 100% carbon-free power generation by 2050, with the utility also saying it will reduce carbon emissions by 80% by 2030, from 2005 levels. Xcel, headquartered in Minneapolis, Minnesota, serves customers in eight states and over the past two years has announced a significant number of renewable […]

  • Developer Sues TVA Over Cancellation of Bellefonte Deal

    The real estate developer who has tried for more than two years to buy the assets of the canceled Bellefonte nuclear power plant project in Alabama has sued the Tennessee Valley Authority (TVA) after TVA last week pulled out of the deal to sell the plant. Attorneys for Franklin Haney, whose Nuclear Development LLC (NDLLC) […]

  • Three Things ICS Security Pros Can Do to Maximize Uptime

    Before industrial control systems (ICSs) were network-connected, operators had little to worry about in the way of cyber threats. But as industrial environments, such as energy utilities, become more connected, they’re exposed to vulnerabilities and attacks. ICSs are used in large amounts of critical infrastructure, including the electrical grid, transportation systems, and wastewater plants. How […]

  • Spain Closing Mines in Transition Away from Coal

    Coal from domestic mines provides just more than 2% of Spain’s electricity generation, as the country has increasingly moved away from coal-fired power toward renewable sources. The administration of new

  • Cleanup and Closure Projects on a Massive Scale

    Thousands of workers are involved, and billions of dollars are being spent, as U.S. utilities convert and close dozens of coal ash impoundments in an effort to meet government regulations and prevent future

  • The Impact of Environmental Regulations on Power Generation

    For many years, air pollution control (APC) rules and regulations have governed the design and economics of the world’s power generation fleet. These rules have had a tremendous impact, improving air quality

  • A Legal Guide to Power Generation Mergers and Acquisitions

    A myriad of issues come into play when parties execute power industry mergers and acquisitions. Part 2 of this two-part series looks at the issues involved with acquisition agreements, and some of the more

  • Cyber Breaches: Is Fear Misplaced?

    The power sector’s terror of a debilitating cybersecurity attack is magnified seemingly every day as new vulnerabilities or destructive threat actors are identified. But according to several industrial

  • How to Prepare for NERC CIP-013-1

    It’s an exciting era in energy generation. The rapid adoption of IT systems and networked technology has enabled new business models and catalyzed production decentralization. However, with innovation comes

  • Contamination Found in Water Near Illinois Coal Ash Dumps

    Analysis based on testing mostly conducted by energy companies shows that water near all but two coal plants in Illinois is contaminated with toxic waste. The Chicago Tribune on November 28 reported that a compilation of industry-supplied data from 24 Illinois coal plants shows harmful levels of arsenic, chromium, lead, and other heavy metals in […]

  • Utility Agrees to Close Arkansas’ Largest Coal Plants

    Entergy Arkansas said it will close the state’s two largest coal-fired power plants, along with one gas-fired plant, by 2030 as part of a settlement with environmental groups that sued the utility in federal court for alleged violations of the Clean Air Act (CAA). The Sierra Club and the Washington, D.C.-based National Parks Conservation Association […]

  • New Digital Safety System Controller Approved for Nuclear Plants

    The U.S. Nuclear Regulatory Commission has approved the use of Mitsubishi Electric Total Advanced Control (MELTAC) Nplus S digital safety system controllers in U.S. nuclear power plants. While new to the U.S. industry, Mitsubishi said the MELTAC system is already deployed in 38 nuclear power plants around the world, primarily in Japan and China. MELTAC […]

  • TVA Extends Deadline for Bellefonte Nuclear Plant Deal

    A Tennessee businessman now has until the end of November to finalize a two-year-old purchase agreement for the unfinished Bellefonte nuclear power plant in Alabama. The Tennessee Valley Authority (TVA), which began building the plant in 1974 but ended construction in 1988 amid a downturn in the nuclear power industry, on November 9 said it […]

  • Midterms a Mixed Bag for State Energy Ballot Measures

    The midterm elections yielded mixed results for power-related matters across the U.S. Voters in Arizona shot down a measure that would have expanded the state’s renewable portfolio standard (RPS) to 50% by 2030, but voters in Nevada overwhelmingly backed a similar measure, adding it to a growing list of states that have sought 50% RPS […]

  • Particulate Matter Should Be Focus of Air Emissions Regulations

    Residents of Texas living downwind of coal-fired power plants would be far better off today if regulators had focused on cutting particle-forming SO2 emissions rather than concentrating so keenly on ozone-causing emissions, according to a recent study conducted by researchers at Rice University in Houston, Texas. The head of the study, environmental engineer Daniel Cohan, […]

  • Hydro Plant Saved by Commission-Approved Agreement

    Entergy Louisiana, Cleco Power, and Southwestern Electric Power Co. (SWEPCO) have secured a power sales agreement (PSA) to buy power generated by the 80-MW Toledo Bend hydroelectric plant—but only for five years.  The Louisiana Public Service Commission (LPSC) on October 26 approved the PSA, providing new life, albeit briefly, for the 1963-licensed Toledo Bend project, […]

  • PJM: Fuel Supply Resilience Is Sound—For Now

    Fuel delivery systems in PJM Interconnection’s vast footprint can generally withstand an extended period of stress and remain reliable, though extreme scenarios could impact the grid, the nation’s largest system operator concluded in a high-profile study.  PJM, whose system covers 13 states and 65 million people, launched the study this May as the federal government, […]

  • A Legal Guide to Power Generation Mergers and Acquisitions

    A myriad of issues come into play when parties execute power industry mergers and acquisitions. Part 1 of this two-part series examines what dealmakers need to know before making any transactions

  • Latest Carbon Fee Initiative May Succeed Where Others Have Failed

    Washington state’s latest effort to fight climate change, Initiative 1631 (I-1631), is on the November ballot. With a broad coalition of support from business, environmental, and special interest groups

  • Tax Reform Legislation Drives Increased Focus on Cash Flows

    In the wake of the implementation of the 2017 Tax Cuts and Jobs Act (TCJA), many utilities and their holding companies are experiencing increasing pressure on cash flow due to the elimination of bonus

  • NRC Approves Changes to Oyster Creek Nuclear Power Plant Emergency Planning Requirements

    October 18, 2018 — The Nuclear Regulatory Commission has granted Exelon Generation Company’s request to modify the emergency preparedness plan for the Oyster Creek Nuclear Generating Station in Lacey Township, N.J., to reflect the plant’s decommissioning status. The changes include exemptions from specific NRC requirements that may not be applicable to a plant that has […]

  • Distributed Energy Is Disrupting the Power Industry: Is the Sky Falling?

    Utilities are faced with many disruptive changes in the power market. Customers are demanding cleaner energy and turning to distributed generation as a solution. One expert suggested power companies must react and evolve their business models to change with the times. During a keynote presentation at the Distributed Energy Conference in Golden, Colorado, on October […]

  • As DOE’s Coal Rescue Reportedly Dead-Ends, Stakeholders Recommend New Pathways

    The White House may have shelved an effort to force grid operators to buy power from uneconomic coal and nuclear plants amid opposition inside the administration, Politico reported on October 15.  The publication reported “four people with knowledge of the discussions” have confirmed that opposition from the president’s own advisers on the National Security Council […]

  • Dominion Files to Extend Operations at Surry Nuclear Plant to 80 Years

    Dominion Energy has filed an application to extend the operating licenses for two 45-year-old nuclear reactors at the Surry Power Station through 2052 and 2053—when they will be 80 years old.  Surry’s Unit 1 and 2, located near Newport News, Virginia, are three-loop Westinghouse pressurized water reactors (PWRs) that began operation in December 1972 and […]

  • Competitive Generators Look to the Supreme Court After Seventh Circuit Declines Rehearing on Nuclear Subsidies

    The Seventh Circuit Court of Appeals has declined to rehear a case that challenges nuclear subsidies in Illinois, effectively dealing a blow to a group of competitive generators, which have fought the measure for several years. In an order issued on October 9, the appellate court said its full judicial panel had voted to deny […]

  • Nation’s Oldest Independent Coal Producer Files Bankruptcy

    Colorado-based Westmoreland Coal Co. on October 9 said it had filed for Chapter 11 bankruptcy, with the company reporting more than $1.4 billion in debt. The company in its annual financial report in April of this year said it was considering bankruptcy in an effort to protect it from creditors. Westmoreland, which has operated for […]

  • Enviros Dispute State Findings on Coal Ash Spill

    Environmental officials in North Carolina say their tests show that coal ash released from Duke Energy’s Sutton power plant in Wilmington during flooding from Hurricane Florence has not had a negative impact on the Cape Fear River. The state’s Department of Environmental Quality (DEQ) on October 4 said its test results on water samples collected […]

  • EPA Advances Proposed Changes to Mercury Rule

    The Environmental Protection Agency (EPA) confirmed it has submitted proposed changes to the Mercury and Air Toxics Standards (MATS) to the White House for review, despite urging by the industry to let the rule stand. EPA spokesperson John Konkus told POWERon October 2 that the agency does not intend to withdraw the existing MATS. It […]

  • New York Gas Plant Comes Online Despite Opposition

    The Valley Energy Center in Orange County, New York, entered commercial operation on October 1 despite complaints from local officials and area residents about noise from the plant, among other concerns. Community members spoke out against the plant at public hearings last week, saying they have felt sick when the plant has undergone test runs […]