Legal & Regulatory

  • EPA: Mercury Rules for Coal, Oil Power Units Not ‘Appropriate and Necessary’

    Because compliance costs to coal- and oil-fired power plants for the Mercury and Air Toxics Standards (MATS) far exceed quantifiable benefits to regulating hazardous air pollutant (HAP) emissions, the Trump administration has proposed it is not “appropriate and necessary” to regulate HAP emissions from power plants under Section 112 of the Clean Air Act (CAA), […]

  • Despite Financial Hurdles, Utility Capital Spending to Remain Elevated

    Despite higher taxable income and pressure on balance sheets, capital spending by regulated utilities will remain elevated—and much of it will be dedicated to replacing aging infrastructure, hardening or efficiency-boosting measures, and on renewables and environmental projects, said Moody’s Investors Service in a recent sectoral briefing.  The credit ratings agency for the first time this […]

  • Bipartisan Nuclear Modernization Bill Clears Congress

    A bipartisan bill to modernize regulation of the nation’s nuclear power fleet passed in the U.S. Senate on Dec. 20 and the House on Dec. 21 without much opposition. It now heads to President Trump.   S.512, better known as the Nuclear Energy Innovation and Modernization Act (NEIMA), seeks to provide a program to develop […]

  • NV Energy Accelerates Retirement of One of Nevada’s Last Coal Units

    NV Energy plans to retire a 254-MW coal-fired unit in a power-constrained region of Nevada at the end of 2021, four years ahead of schedule. The company will instead purchase 1,001 MW from new solar photovoltaic projects equipped with 100 MW of long-term battery storage, effectively doubling its total renewable generation from 14% in 2017 […]

  • Finnish Nuclear Plant Start-up Delayed Again

    Another nuclear power project has been delayed, as the Fennovoima consortium and Russia’s state-run nuclear company Rosatom said the Hanhikivi 1 power plant’s projected start-up date has been pushed to 2028, four years behind the original schedule and eight years later than the proposed start when Finland’s government supported the project in 2010. The announcement […]

  • Bailing Out Coal and Nuclear Plants Is Misguided

    For decades the U.S. has relied on coal for much of its energy supply. States with abundant coal—Pennsylvania, West Virginia, Kentucky, and others—have towns and cities whose economies are driven by the coal industry. Now, as the coal industry declines and those areas struggle, the Trump administration wants to use taxpayer money to save coal […]

  • ACCCE Shares NERC’s Concerns for Reliability if Retirements Accelerate

    Washington, DC — Yesterday, NERC (North American Electric Reliability Corporation) released a Special Reliability Assessment to evaluate the risks to the reliability and resilience of the electricity grid from the significant loss of fuel-secure baseload generation. While NERC’s review is not a forecast of expected future conditions, it does represent a credible stress-test of the […]

  • Key Power Industry Conferences and Trade Shows to Think About in 2019

    Conferences and exhibitions are a valuable way for power professionals to share ideas and network, gain up-to-date training, further education, understand regulatory or policy changes, and access the latest products and technologies. POWER‘s editors compiled this helpful list of events in 2019 that cater to the power industry.  FEBRUARY ARC Industry Forum February 4-7 Orlando, […]

  • Regulators Back Dominion Takeover of SCANA

    Dominion Energy’s bid to purchase SCANA Corp. and its South Carolina Electric & Gas (SCE&G) utility, approved by South Carolina regulators on Dec. 14, could bring some stability to SCANA. Shareholders hope that’s the case; they’re excited about swapping their devalued SCANA shares for more valuable Dominion stock. Workers, though, remain uncertain about their futures, […]

  • Amid Broad Legal Challenges, EPA Proposes Narrower Definition of WOTUS

    In a move widely applauded by the power industry, the Environmental Protection Agency (EPA) and Department of the Army proposed a new definition of “waters of the U.S.” (WOTUS) that could exempt groundwater and ditches from regulation under the Clean Water Act (CWA).  The measures follow other recent significant regulatory actions by the agency. On […]

  • FERC Follows Up on Tax Reform Response

    The Federal Energy Regulatory Commission (FERC, the Commission) took several actions in November to address impacts from the Tax Cuts and Jobs Act (the Tax Act). FERC had previously issued a Notice of Inquiry seeking comments on how to address the impact of the Tax Act’s reduction in the corporate federal income tax (FIT) rate […]

  • Senate Confirms McNamee as FERC Commissioner

    The U.S. Senate on a 50-49 party-line vote December 6 confirmed Bernard McNamee to a seat on the five-member Federal Energy and Regulatory Commission (FERC), despite questions about his independence from the Trump administration and his previous comments in support of a bailout of coal and nuclear U.S. power plants at the expense of renewable […]

  • 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 […]

  • 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

  • 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

  • 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, […]