Legal & Regulatory

  • Eight States Sue EPA, Arguing Ozone Transport Region Decision Is “Unlawful”

    Eight northeastern states are again suing the Environmental Protection Agency (EPA) to force the agency to slash emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) blowing in from power plants and other sources in nine “upwind” Midwestern and southern states. The Ozone Transport Region, which was established by Congress under Section 184 of […]

  • Georgia PSC Chair: We Wanted Vogtle to Go Forward

    Georgia Public Service Commission (PSC) Chairman Stan Wise said his agency was “not going to make a decision to discontinue” construction of two new nuclear reactors at Plant Vogtle, instead putting the decision squarely in the hands of Southern Co. and Georgia Power at the PSC’s December 21 meeting to determine the fate of the […]

  • State PSC Puts Vogtle Future in Georgia Power’s Hands

    State regulators in Georgia have voted not to cancel the troubled nuclear expansion project at the Vogtle Electric Generating Plant near Waynesboro, Georgia, and lead owner Georgia Power has agreed to a set of conditions that the utility must meet in order to continue the project. Georgia Power is one of four utilities with a […]

  • New Jersey Nuclear Subsidy Bill Barrels Out of Committee, Heads for Legislature Vote

    A bill backed by outgoing New Jersey Gov. Chris Christie (R) to subsidize the state’s nuclear power plants unanimously passed a joint committee on December 20 and now heads to the full legislature for a vote. S.3560, introduced on December 14, directs the Board of Public Utilities to issue Nuclear Diversity Certificates (NDCs) to nuclear power […]

  • NARUC Calls on FERC to Prioritize PURPA Reform

    The National Association of Regulatory Utility Commissioners (NARUC) believes that the Federal Energy Regulatory Commission (FERC) needs to fast-track reform of the Public Utility Regulatory Policies Act of 1978 (PURPA), NARUC President John Betkoski III said in a December 18 letter to the commission. The letter pushes for FERC’s new Chairman, Kevin McIntyre, to make […]

  • EPA Seeks Input on Potential Clean Power Plan Replacement

    The Environmental Protection Agency (EPA) is considering drafting a replacement of the Obama administration’s Clean Power Plan. The agency on December 18 published an Advance Notice of Proposed Rulemaking (ANPRM) soliciting comments from the public on how the replacement should look. The ANPRM is separate from the agency’s current effort to repeal the current rule. […]

  • Board Keeps Option to Close Colorado Coal-Fired Plant Early

    A utility group on December 18 agreed to keep a coal-fired power plant in Colorado Springs, Colorado, open for at least a few more years, and its members said they are prepared to move forward with distributed generation and could import power to make up for the eventual retirement of the Martin Drake Power Plant. […]

  • NERC Report: Natural Gas, Renewable Generation Will Offset Coal, Nuclear Closures

    A report released December 14 by the North American Electric Reliability Corp. (NERC) says power generation from natural gas-fired units and renewable sources such as solar and wind will provide enough electricity to offset the closures of U.S. coal-fired and nuclear power plants in the next decade. The agency’s 10-year outlook, part of its 2017 […]

  • Georgia PSC Will Decide Vogtle’s Fate on December 21

    The Georgia Public Service Commission on December 11 said it will decide December 21 whether to allow construction of two new nuclear reactors at the Plant Vogtle site to move forward, or call for the project to be canceled. Commissioners voted Monday to move up the timetable for a decision on the troubled nuclear project […]

  • Perry Grants FERC’s Request to Delay Grid Resiliency NOPR, But Calls for Urgent Action 

    Energy Secretary Rick Perry has granted a 30-day extension sought by Federal Energy Regulatory Commission (FERC) Chairman Kevin McIntyre last week to give the regulatory agency more time before it acts on the controversial proposed Grid Resiliency Pricing Rule. In a strongly worded letter, however, he told FERC to act expeditiously to allay reliability threats to […]

  • New FERC Chair McIntyre Seeks Delay on Grid Resiliency NOPR

    Kevin McIntyre, freshly sworn in as chairman of the Federal Energy Regulatory Commission (FERC), has asked the Department of Energy (DOE) for a 30-day extension for the commission to act on the proposed Grid Resiliency Pricing Rule. FERC is required to take final action on Energy Secretary Rick Perry’s September 28-issued notice of proposed rulemaking […]

  • McIntyre Takes Reins as New Head of FERC

    Kevin McIntyre was sworn in as chairman of the Federal Energy Regulatory Commission on December 7, just more than a month after his nomination to the post was approved by the Senate. He takes over from interim chair Neil Chatterjee, who will remain at FERC as a commissioner. The agency that regulates transmission and wholesale […]

  • Southern Co. Tackles Two Hurdles to Move Past Scrapped Kemper IGCC Project

     The Securities and Exchange Commission (SEC) last week reportedly closed an investigation concerning costs and delays at Mississippi Power’s now-abandoned Kemper integrated gasification combined cycle (IGCC) project without recommending an enforcement action. Mississippi Power on December 1 also reached an amended settlement agreement with key stakeholders on the remaining costs associated with the $7.5 billion […]

  • Toshiba Will Make Remaining Vogtle Payments by mid-December

    Toshiba Corp. has agreed to accelerate its payments to Georgia Power to help the utility finance completion of the troubled Plant Vogtle nuclear expansion. The deal announced December 5 comes four days after a recommendation from state regulators that the project be abandoned if Georgia Power cannot make it financially viable, and also to lessen […]

  • SEIA Makes Anti-Tariff Pitch Tailored to Trump

    The Solar Energy Industries Associations (SEIA) on December 5 released an anti-tariff plea specially tailored to President Donald Trump. The “America First Plan for Solar Energy” urges the president to reject tariffs proposed for imported crystalline silicon photovoltaic (CSPV) solar panels. SEIA’s plea comes as the president mulls over the whether or not to impose […]

  • Georgia Regulators: Change Vogtle Economics or Cancel Project

    A new analysis by staff at Georgia’s Public Service Commission (PSC) says continuing construction of two AP1000 reactors at the Plant Vogtle nuclear facility near Waynesboro, Georgia, is not economic, and the group says that unless Georgia Power agrees to modify its conditions for completing the project to ensure it will be financially viable, the […]

  • Rescinding Clean Power Plan a Positive Step Toward Free Market for Electricity

    The Environmental Protection Agency (EPA) in early October announced it would rescind yet another signature Obama administration policy: the electricity regulation known as the Clean Power Plan (CPP). As with

  • Renewable Power in Southeast Asia: Will the Legal Regime Catch Up with the Opportunities?

    Southeast Asia offers rich renewable sector opportunities, recently exemplified by Chevron’s multibillion-dollar sale of its Indonesian and Philippines geothermal projects, and the purchase of Equis Energy

  • Will North American Energy Trade Wax or Wane Under Trump?

    Cross-border trade in energy—electricity, natural gas, and oil—has been an unanticipated boon to the U.S., Canada, and Mexico, exceeding $140 billion in 2015. The Trump administration’s antipathy toward

  • ASME Operation and Maintenance lnservice Testing Program Ensures Nuclear Component Operational Readiness

    Originally embedded in the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code , today the Operation and Maintenance of Nuclear Power Plants standard for inservice testing of pumps

  • Familiar Battle Lines Drawn at Clean Power Plan Public Hearing

    When it comes to the Clean Power Plan (CPP), the tables have turned, but the arguments are largely the same. On November 28 and 29, during the Trump administration’s only public hearing on its plan to repeal the CPP, an Obama-era regulation aimed at reducing carbon emissions from coal-fired power plants, old arguments for and […]

  • California PUC Will Rule Soon on Diablo Canyon’s Future

    The fate of Pacific Gas & Electric’s (PG&E’s) Diablo Canyon Power Plant is expected to be decided by year-end, with the California Public Utilities Commission (CPUC) set to hear final arguments about the plant’s future on November 28. The 2.2-GW nuclear plant has operated near Avila Beach, California, since 1985. A judge in early November […]

  • More U.S. Coal Units Closing Despite Possible Market Pricing Change

    U.S. utilities continue to announce closures of financially troubled and older coal-fired power plants even as government officials work on a bailout plan to keep them operating. Owners of a coal plant in Montana that has only been online since 2006 informed the state’s Public Service Commission (PSC) last week of plans to shutter the […]

  • Dominion to Seek 80-Year Lifetime for North Anna Nuclear Reactors 

    Dominion Energy will formally ask the Nuclear Regulatory Commission (NRC) to relicense its two reactors at the North Anna Power Station for 20 more years—effectively extending their operating lives up to 80 years. Dominion Energy Virginia notified the federal regulatory body of its intent to relicense the two reactors in Louisa County, Virginia, which it […]

  • FERC’s Chatterjee Has Interim Plan to Prop Up Coal, Nuclear Plants

    Federal Energy Regulatory Commission (FERC) Acting Chairman Neil Chatterjee, who has said he is “sympathetic” to a rule that would help prop up struggling U.S. coal and nuclear power plants, apparently is ready to move forward with an interim plan to keep financially troubled plants operating while his agency continues to consider a market-changing cost […]

  • CPP Repeal Likely Won’t Help Coal Much, Might Hurt Nukes

    The focus of the coverage of the Environmental Protection Agency’s (EPA’s) plan to kill the Obama administration’s Clean Power Plan (CPP) has been on what it will mean for coal. The consensus is that it won’t have much impact, as major consumers of steam coal have already written off the fuel as a result of […]

  • Connecticut, Ohio, Pennsylvania Make Substantive Gains for State Nuclear Subsidies

    A bitter dispute concerning subsidies for nuclear generation that has divided the power sector grew more intense over the past week as Connecticut, Ohio, and Pennsylvania advanced efforts to keep nuclear plants operating. At the same time, legal challenges to existing measures in Illinois and New York continued in two federal courts. In Connecticut, Gov. […]

  • Outside Compensation Affects Competitive Electricity Prices: What Can Be Done?

    In Order No. 2000, the Federal Energy Regulatory Commission (FERC) encouraged formation of Regional Transmission Organizations (RTOs) to operate competitive region-wide wholesale electricity markets. Such

  • PJM: Can the Big Dog Deal with State Interference?

    The PJM Interconnection, the largest regional transmission operator in the U.S., faces many problems: adapting to state policies designed to skew power markets in the face of natural gas and renewable

  • How Eight Major Power Companies Are Dealing with Market Turmoil

    Dynegy Inc.’s pending merger with Vistra Energy will create a company of a significant diversification and scale designed to weather volatile markets. Over the past year, at least eight other major power companies have embarked on various strategies to guard against distress in unregulated markets. Duke Energy. Three years ago, Duke Energy announced it would move away from organized […]