Legal & Regulatory

  • FERC Finds No Evidence of Gas Withholding in New England

    No evidence exists that New England local gas distribution companies engaged in practices to withhold natural gas pipeline capacity on the Algonquin system to drive up gas or power prices in the region, Federal Energy Regulatory Commission (FERC) staff revealed. FERC on February 27 closed an inquiry after conducting an “extensive review” of the allegations—which […]

  • How the Offshore Wind Energy Industry Can Overcome the Jones Act

    Europe’s decade-long economic and regulatory commitment to the offshore wind industry has paid off. With approximately 14 GW of power installed as of June 2017, the continent now boasts more than 90% of

  • A Break in the Nuclear Waste Impasse?

    Spent nuclear fuel has continued to accumulate at sites across the nation, paralyzed by a government deadlock on a nuclear waste management strategy formally established 35 years ago. Can recent developments

  • Successful Torrefied Biomass Test Burn at a Coal Power Plant

    The ability of a coal power plant to accommodate significant changes in fuel quality is often limited by many constraints. When faced with a challenging goal to test torrefied biomass fuel at its Boardman

  • Acquiring Bankrupt Energy Assets Clear of Compliance Obligations

    By Ken W. Irvin and David E. Kronenberg Sidley Austin, LLP In one of the first decisions of its kind, the Bankruptcy Court for the District of Delaware held in In re La Paloma Generating Company, LLC that a power plant can be sold under Section 363 of the bankruptcy code free and clear of […]

  • D.C. Circuit Vacates Parts of EPA Ozone Regulations

    The D.C. Circuit last week struck down parts of an Environmental Protection Agency (EPA) rule concerning implementation of its 2008 ozone standards, creating new regulatory limbo for the entities required to comply with the rule. Ruling in a set of cases consolidated under South Coast Air Quality Management District v. EPA (No. 15-1115), the federal […]

  • Entergy One Step Closer to New Gas Plant in New Orleans

    In what has been a much longer and more drawn-out process than Entergy could have imagined when it first proposed a new gas-fired power plant in New Orleans, the company got some good news on February 21. The Utility, Cable, Telecommunications, and Technology Committee agreed—after what has turned out to be years of discussion—to send […]

  • DOE Establishes Office Dedicated to Cybersecurity, Energy Security, Emergency Response

      A newly established U.S. Department of Energy (DOE) office dedicated to cybersecurity, energy security, and emergency response may be a signal that it is elevating its focus on emerging grid threats. The Office of Cybersecurity, Energy Security, and Emergency Response (CESER) will use $96 million in funding included in President Trump’s Fiscal Year 2019 budget […]

  • Trump Budget Backs Nuclear, Coal; Cuts Funding for Renewables

    The Trump administration’s fiscal year 2019 budget request released February 12 asks for more money to support fossil fuel-based power systems, but seeks funding below current levels for other energy initiatives, including renewable energy and energy efficiency. The energy funding is part of a $4.4 trillion budget that features large increases in military spending, along […]

  • Nuclear Power, Carbon Capture Winners in New Budget Deal

    The budget bill passed by Congress and signed by President Trump in the early hours of February 9 extends a host of tax credits for energy technologies, including provisions to help the Vogtle nuclear expansion in Georgia as well as U.S. carbon-capture projects. The legislation also provides support for renewable energy, including for small wind […]

  • Regulators Back Settlement for Costs of Failed Kemper IGCC Project

    Shareholders of Mississippi Power will have to absorb the majority of outstanding costs resulting from the scuttled Kemper County coal gasification project, as the state’s Public Service Commission (PSC) on February 6 approved a settlement for the remaining liabilities associated with the much-touted “clean coal” plant. Mississippi Power in a statement said it “is pleased […]

  • Virginia Considers New Utility Regulatory Rules

    Virginia lawmakers are weighing legislation that would give the state more control over utilities, with some of the measures developed in concert with power companies. State legislators are discussing the proposals, some of which are designed to lift a freeze on utility rates, which could bring refunds for ratepayers—although others warn it could cause rates […]

  • More Premature Nuclear Unit Retirements Loom

    Two more U.S. nuclear power plants are facing early retirement, joining a string of generators whose fate was determined by market conditions, political pressure, or financial stresses assailing the sector. Several others may be poised to join them. The 647-MW Duane Arnold nuclear plant in Palo, Iowa, will likely close in 2025 after a current […]

  • Pipeline Project Prompts Plan for Nigeria Power Plants

    The Nigerian National Petroleum Corp. (NNPC) in December 2017 announced a plan to build three natural gas-fired power plants in the country, thanks to a $2.8 billion pipeline project that would bring natural gas from the southern part of the African nation to its northern region. The plants, sited in Abuja, Kaduna, and Kano, would […]

  • Changing the Power Industry Culture

    The news has been filled with high-profile sexual harassment cases recently. Although more women seem to be coming forward lately to tell their stories and bring misconduct to light, it’s far from a new

  • What’s Next for the Clean Power Plan?

    “The Trump administration is listening to the people of Wyoming,” remarked Sen. John Barrasso (R-Wyo.), chairman of the Senate Committee on Environment and Public Works. His comment referenced a

  • What Tax Reform Means for the Energy Industry

    One of the most important items on President Trump’s first-year agenda was the implementation of tax reform in the U.S. Republican lawmakers worked tirelessly as the calendar year drew to an end to get a new

  • Pressing Forward with Vogtle, a Nuclear MVP

    Georgia wasn’t looking for an award or recognition when we set out to build new nuclear reactors in our state. Yet, we now find ourselves as the last team on the field as our commissioners unanimously voted

  • POWER Digest [February 2018]

    Polish Energy Company Puts Large Coal-Fired Unit Online. Enea , the Polish state-owned energy company, in December inaugurated what it calls the largest coal-fired power generation unit in Europe. The company

  • U.S. Nuclear Technology Progress at Risk, Industry Groups Warn

    The future of advanced reactors in the U.S. will remain murky unless the Nuclear Regulatory Commission (NRC) takes four key steps to support innovation and commercialization of new technology, three key industry groups have warned. U.S. leadership of nuclear technology is “at risk,” and if changes aren’t made it will lose its standing as a […]

  • PSEG’s Izzo Blasts Power Company Opposition to Revived New Jersey Nuclear Subsidy Bill

    Public Service Enterprise Group (PSEG) President and CEO Ralph Izzo gave NRG Energy a tongue-lashing for its pointed opposition of subsidies for PSEG’s two New Jersey nuclear power plants. The tense moment at a January 25 legislative hearing that sought to revive the measure is illustrative of a growing chasm within the power sector about the […]

  • Challenge to N.Y. Nuclear Subsidies Will Go to Trial

    A lawsuit challenging subsidies for New York’s nuclear plants will head to trial after the state’s  Supreme Court rejected motions to dismiss it. The measure deals a small setback for Exelon Corp., whose subsidiaries own the R.E Ginna and Nine Mile Point nuclear plants in upstate New York. Defendants in the lawsuit also include Entergy […]

  • SCANA Sale in Doubt as Questions Swirl

    Several possible suitors for SCANA Corp. emerged last fall when it became evident the South Carolina utility needed a lifeline, after SCANA subsidiary South Carolina Electric and Gas Co. (SCE&G) and state-owned Santee Cooper pulled the plug on the V.C. Summer nuclear project (Figure 1). Now the question is whether those who lost out to […]

  • South Korea Will Fight Solar Tariffs; Others Will Wait

    The global solar industry on January 23 reacted to President Trump’s announcement on Monday that the U.S. will enact a 30% tariff this year on imports of solar cells and modules, a levy that could begin as soon as next month. Some groups said they will take a “wait and see” approach to the charge, […]

  • SCOTUS Sends Controversial WOTUS Rule into More Legal Limbo 

    The U.S. Supreme Court unanimously reversed and remanded a rule the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers rolled out in 2015 that asserts federal authority over small bodies of water with a broader definition of the statutory term, “waters of the U.S.” (WOTUS). In a ruling for National Association of […]

  • Trump Slaps 30% Tariff on Solar Imports

    The Trump administration on January 22 said it would impose a 30% tariff on imports of solar modules and solar cells, in a high-profile trade case in which two struggling solar companies—Suniva and SolarWorld Americas—had asked for a levy on imports of closer to 50%. The decision comes after the U.S. International Trade Commission (ITC) […]

  • Don’t Let EPA Stall on Clean Power Plan, 17 States Tell Federal Court

    The Environmental Protection Agency’s (EPA’s) recent request that the D.C. Circuit hold a case challenging the Clean Power Plan in additional abeyance until it concludes rulemaking has been strongly opposed by 17 states and several cities. The EPA, in its latest 30-day court-required status report filed on January 10, asked the federal court for continued […]

  • New York and Connecticut Renew Interstate Smog Fight in New Lawsuit

    New York and Connecticut on January 17 filed suit to force the Environmental Protection Agency (EPA) to curb ground-level ozone blowing in from Illinois, Michigan, Pennsylvania, Virginia, and West Virginia with federal implementation plans (FIPs) issued under the “Good Neighbor Provision” of the 2008 National Ambient Air Quality Standards (NAAQS). The two states allege in their […]

  • CPUC Backs PG&E Plan to Retire Diablo Canyon Nuclear Plant

    California regulators have approved Pacific Gas & Electric’s (PG&E’s) application to retire the Diablo Canyon nuclear plant by year-end 2025, ending a protracted battle over the generating station that pitted local economic interests against environmentalists and other opponents of nuclear power. The state Public Utilities Commission (CPUC) on January 11 voted unanimously to accept PG&E’s […]

  • FERC Rejects DOE’s Proposed Grid Resiliency Rule

    The Federal Energy Regulatory Commission (FERC) has rejected the Department of Energy’s (DOE’s) controversial proposed rule on grid reliability and resilience pricing, initiating instead a new proceeding that will examine the resilience of the bulk power system. The DOE’s “Grid Resiliency Pricing Rule” proposed on Sept. 29 directed FERC—an independent regulatory government agency that is […]