Legal & Regulatory

  • [Updated] Troubled FirstEnergy Companies Seek Bankruptcy Protection

    FirstEnergy Corp.’s competitive arm FirstEnergy Solutions (FES) and several key subsidiaries, including FirstEnergy Nuclear Operating Co. (FENOC), on March 31 sought Chapter 11 bankruptcy protection. FirstEnergy said the move would facilitate an “orderly financial restructuring” and accelerate its strategy to become a fully regulated utility. FES—the parent company of FE Aircraft Leasing Corp., FirstEnergy Generation, […]

  • Market Barriers Eased for Energy Storage Resources

    The Federal Energy Regulatory Commission (FERC) adopted a final rule on February 15 (Order No. 841) that facilitates the direct participation of electric storage resources in centralized markets operated by

  • FirstEnergy Entreats DOE to Save Coal and Nuclear Plants

    A day after FirstEnergy Corp.’s competitive arm notified PJM Interconnection it would close four uneconomic nuclear units—a total of 4 GW—in Ohio and Pennsylvania between 2020 and 2021, it urged Energy Secretary Rick Perry to issue an emergency order directing the regional transmission organization (RTO) to secure nuclear and coal capacity for long-term reliability. FirstEnergy […]

  • Minnesota May Be Next to Support Nuclear Plants

    Following the lead of Illinois and New York, which have enacted policies supporting nuclear power plants, the Minnesota Legislature is weighing a bill that could help the owner of two nuclear facilities within its borders. Minnesota is home to the single-unit 671-MW Monticello nuclear plant and the dual-unit 1,100-MW Prairie Island plant (Figure 1). Xcel […]

  • Westinghouse Reorganization Approved by Bankruptcy Court

    On March 27, the U.S. Bankruptcy Court for the Southern District of New York approved Westinghouse Electric Co.’s plan of reorganization. Westinghouse said the approval is “a significant milestone in the company’s strategic restructuring,” which involves its sale to Brookfield Business Partners L.P. Brookfield announced on January 4, 2018, that it had entered into an […]

  • NEW E9000 Portable Emissions Analyzer With Heated Sample Line

    The NEW E9000 emissions analyzer with Heated Sample Line is a complete portable system for EPA compliance level emissions monitoring and testing. The E9000 is ideal for regulatory & maintenance use in boiler, burner, engine, turbine, furnace, and other combustion applications. Features: Up to (9) Total Gas Sensors Electrochemical Sensors – O2, CO, NO, NO2, […]

  • CAISO Backs PG&E Clean Energy Plan for Oakland

    The California Independent System Operator (CAISO) has approved a request from Pacific Gas and Electric Company (PG&E) to provide a mixture of energy storage, energy efficiency, and system-wide upgrades to ensure reliable electricity in the Oakland, California, area, after the retirement of an aging Dynegy jet fuel-powered plant. PG&E received CAISO approval for its Oakland […]

  • Regulators, Lawmakers Spar Over Arizona Renewable Mandates

    State regulators in Arizona want the state’s investor-owned utilities to source more of their electricity from renewable sources, and develop more energy storage options, rather than rely on new natural gas-fired generation in the future. State senators, however, voted March 14 to give utilities a way to get around any voter-supported mandates for renewables. The […]

  • Experts: Warfare Between Coal and Gas Is Nonexistent

    Markets may currently favor natural gas, but coal, which has been diminished for “good reason,” will likely have a significant place as a reliable fuel for power generation, a diverse panel of U.S. coal experts—including a generator, a supplier, and a market analyst—suggested at CERAWeek by IHS Markit in Houston on March 7. Coal lost […]

  • NRC Schedules Review of New Mexico Interim Nuclear Waste Facility

    Marking a fresh development for the nation’s futile efforts to resolve a long-standing impasse on nuclear waste, the Nuclear Regulatory Commission (NRC) said it could issue a license for Holtec International’s proposed consolidated interim storage (CIS) facility for used nuclear fuel in New Mexico by July 2020 or earlier. Holtec, a Camden, New Jersey–based supplier […]

  • More Coal and Nuclear Can Replace Retired Generation, State Supreme Court Rules

    The Supreme Court for the state of New Mexico affirmed a final order by state regulators to allow Public Service Company of New Mexico (PNM) to replace lost generation from two shuttered units at its 1,800-MW coal-fired San Juan Regional Generation Station with coal and nuclear resources. The case stems from a petition filed by […]

  • EPA Proposes Overhaul of 2015 Final Coal Ash Rule 

    The Environmental Protection Agency (EPA) has proposed more than a dozen significant changes to the Obama administration’s final 2015 rule governing disposal of coal combustion residuals (CCR) by the nation’s power generators. EPA Administrator Scott Pruitt on March 1 signed the first of two rules that propose to amend the 2015 rule, saying the changes […]

  • 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