Legal & Regulatory

  • Perry Hammered on FERC Order During House Subcommittee Hearing

    Criticism for Secretary of Energy Rick Perry’s recent notification of proposed rulemaking (NOPR) directing the Federal Energy Regulatory Commission to show favor to coal and nuclear plants was in no short supply during an October 12 hearing of the House Subcommittee on Energy. The hearing, which focused on the Department of Energy’s (DOE) missions and […]

  • California Agency Opposes New Gas-fired Plant

    Two members of the California Energy Commission (CEC) on October 6 said they would recommend the full five-member group oppose construction of a new natural gas-fired power plant in Oxnard. The two commissioners said environmental impacts of the plant could not be mitigated, and the plant would not be able to conform to local ordinances […]

  • How Power Sector Deregulation Is Affecting Mexico [PODCAST]

    Mexico’s energy reform began in 2013. It has opened up key parts of the country’s electricity sector to new market participants, foreign investors, and innovative technology. Prior to the reform, Mexico operated under a traditional, vertically integrated model with the state-owned Federal Electricity Commission (CFE) responsible for all power supply functions from generation to distribution. […]

  • EPA Ready to Attack Clean Power Plan

    The Trump administration’s Environmental Protection Agency (EPA) is considering its options to repeal or replace the Clean Power Plan (CPP), the signature climate regulation of former President Barack Obama. POWER magazine on October 6 obtained a 43-page draft of the EPA’s proposed action on the CPP. The formal document is expected to be released soon. The […]

  • Rick Perry’s Order to FERC Is Fraudulent

    Energy Secretary Rick Perry’s ukase to the Federal Energy Regulatory Commission (FERC) last week—undo over 20 years of federal policy on national electric markets to aid coal and nuclear generation—is a joke. It is an entirely political screed devoid of intellectual content. That pretty much describes Perry. Rick Perry In an administration that bills itself […]

  • The U.S.’s War on Coal Is Purported to Be Over—What About the Rest of the World?

    The Trump administration unabashedly supports coal, and regulations designed to phase out its use in U.S. power production are being reviewed. But while other nations continue to rely on coal for much of their power, they also are increasing their use of natural gas and renewables, including heavyweight coal users such as China and India. […]

  • The ELG Rule: How Long Can Relief from EPA Last?

    Under President Obama, the Environmental Protection Agency (EPA) introduced a host of rules and compliance requirements targeting power plants and the oil and gas sector. One such rule, the Effluent Limitation

  • Improved Emission Controls and State-of-the-Art Ash Handling Extend Gallatin’s Life

    It may not be the newest plant in the Tennessee Valley Authority fleet, but the Gallatin Fossil Plant has been retrofitted with some of the latest technology available to the coal power industry. It’s got

  • Gas and Electric: How Disparate Industries Are Working Together

    Electric generation and natural gas, both important to each other, have differing cultures, vocabularies, and histories, so making them work together has been a challenge. Glut. That word describes the state

  • DOE Offers Another $3.7 Billion in Loan Guarantees for Vogtle Project

    Energy Secretary Rick Perry said in a statement that the “future of nuclear energy in the United States is bright” as his agency on September 29 announced another $3.7 billion in loan guarantees for continued construction of two new nuclear reactors at Plant Vogtle in Georgia. The Department of Energy (DOE) has guaranteed another $1.67 […]

  • [UPDATED] DOE to FERC: Force Competitive Markets to Value Coal and Nuclear Resiliency, Reliability Attributes

    A rule proposed by the U.S. Department of Energy (DOE) on September 29 directs the Federal Energy Regulatory Commission (FERC) to mandate that competitive power markets develop and implement market rules to “accurately price” what it calls “fuel-secure” generation. The DOE’s “Grid Resiliency Pricing Rule” directs FERC—an independent regulatory government agency that is officially organized as […]

  • Westinghouse Asks Court to Stop Cancellation of Vogtle Contract

    Westinghouse Electric has asked a New York bankruptcy court to stop Georgia Power from terminating Westinghouse’s contract to continue construction of two new nuclear reactors at Plant Vogtle near Waynesboro, Georgia. Westinghouse filed for bankruptcy earlier this year, in large part due to massive cost overruns from the Vogtle project and the V.C. Summer nuclear […]

  • ITC: Imported PV Cells Hurting U.S. Solar Industry

    In a unanimous decision, the U.S. International Trade Commission (ITC) on September 22 found that photovoltaic (PV) solar cells being imported into the U.S. are causing “serious injury, or threat of serious injury, to the domestic industry.” The decision comes in a highly contested case filed by bankrupt solar panel manufacturer, Suniva, and SolarWorld. The […]

  • Feds Subpoena Documents Related to 2016 Bechtel Audit of V.C. Summer Nuclear Expansion

    SCANA Corp. and Santee Cooper—utility partners that recently abandoned a two-unit expansion at the V.C. Summer nuclear plant—have received federal subpoenas for documents associated with a much-guarded February 2016 assessment report conducted by Bechtel, documentation of meetings with the firm, and documentation of site walk-downs and real-time observations at the half-built project. A copy of […]

  • UK Supreme Court Rules on Robin Rigg Wind Farm Case [PODCAST]

    The UK Supreme Court ruled unanimously in favor of E.ON in a long-running dispute over foundation problems identified at the 174-MW Robin Rigg offshore wind farm located between Scotland and England. The judges said Danish contractor MT Højgaard must bear the approximate €26 million cost of remedying failed grouted connections between monopiles and transition pieces […]

  • Appellate Court Decides in Favor of Duke in Rooftop Solar Case

    In a split decision, the North Carolina Court of Appeals affirmed a decision of the North Carolina Utility Commission that an advocacy group has infringed on Duke Energy’s state-sanctioned monopoly on the sale of electricity. The September 19 decision concerns an agreement between the North Carolina Waste Awareness and Reduction Network (NC WARN) and a […]

  • Long-delayed Expansion of Kansas Coal Plant Now Considered Unlikely 

      Chances that an 895-MW project to expand Sunflower Electric Power Corp.’s coal-fired Holcomb Station in Kansas will ever be completed are “remote,” a key project partner said. Tri-State Generation and Transmission Association—a Denver-based power generator owned by 43 electric cooperatives that partnered with Sunflower in 2005 to build the new unit—in an August 10-Q […]

  • EPA Postpones Compliance Dates for FGD, Bottom Ash Transport Requirements in ELG Rule

    Steam electric power plants preparing to comply with the Environmental Protection Agency’s (EPA’s) effluent limitations guidelines (ELG) and standards as they concern bottom ash transport water and flue gas desulfurization (FGD) waste streams will get—for now—a two-year reprieve under a new rule the agency finalized on September 12. The ELG rule, which was finalized by […]

  • Japan Regulatory Group Gives Conditional Support for TEPCO Restart

    Japan’s nuclear watchdog agency has given Tokyo Electric Power Co. (TEPCO) conditional approval to restart two reactors at its Kashiwazaki-Kariwa plant. The units were taken offline after the Fukushima Daiichi meltdown in March 2011. The country’s Nuclear Regulation Authority (NRA) on September 13 said TEPCO could restart the units after it provides a detailed plan […]

  • Pruitt: EPA Will Have CPP Replacement Proposal in Coming Months

    The Environmental Protection Agency (EPA) will propose a replacement rule for the Clean Power Plan (CPP) this fall, according to a September 7 court document filed by EPA Administrator Scott Pruitt. The document, filed with the U.S. Court of Appeals for the District of Columbia Circuit, provides an update on the EPA’s efforts to develop […]

  • Power Market Deregulation Transforms Mexico

    Mexico’s energy reform, which began in 2013, has opened up key parts of the country’s electricity sector to new market participants, foreign investors, and innovative technology. Prior to the reform

  • New York Net Metering Is Not “Smart” Enough for the Grid of the Future

    On March 9, 2017, the New York Public Service Commission (NYPSC) issued an order announcing a transition from a traditional net energy metering (NEM) compensation mechanism for certain energy resources to a

  • DOE Grid Study Points Finger at Natural Gas

    In a long-awaited study of electricity markets and grid reliability, the Department of Energy has called out natural gas as the No. 1 reason for retirements of coal and nuclear plants, breaking from the Trump administration’s prior talking point blaming regulations and renewables for the nation’s shrinking coal and nuclear fleets. The report attributes four […]

  • Major Power Players Issue Mixed Reactions to DOE’s Controversial Grid Study

    The Department of Energy’s (DOE’s) much-anticipated study on grid resilience and reliability elicited immediate chatter from a variety of industry stakeholders, from power generators and trade groups to environmental and clean energy advocates. The 187-page study essentially notes that unprecedented changes are transforming the electricity industry. Over the past 15 years, market forces—namely, cheap natural […]

  • Eastern States Expand Emission Cuts as Part of Cap-and-Trade

    Nine states in New England and the Mid-Atlantic region have said they will cut emissions from power plants by 65% below 2020 levels by 2030, expanding a cap-and-trade program designed to reduce carbon output usually associated with power plants. States in the Regional Greenhouse Gas Initiative (RGGI) agreed to increase emissions cuts by an additional […]

  • Suit Claims Santee Cooper Charging Customers for Unbuilt Coal Plant

    A lawsuit filed in South Carolina wants state-owned utility Santee Cooper to sell the parts from a coal-fired power plant project it suspended in 2009, saying customers should receive the proceeds as payback for Santee Cooper raising residential and commercial rates after the project was stopped. Conway, S.C., attorney George Hearn Jr. filed the lawsuit […]

  • D.C. Circuit Again Delays Action on Clean Power Plan

    Those waiting for a decision in the court case against the Clean Power Plan are going to have to wait a bit longer. The U.S. Court of Appeals for the District of Columbia Circuit on August 8 ordered that the case, which pits a coalition of 27 states and numerous energy producers, utilities, and trade organizations […]

  • Judge Rules TVA Must Move Gallatin Coal Ash

    A federal judge on August 4 said the Tennessee Valley Authority (TVA) must dig up coal ash at one of its power plants and move it to a lined waste site. The order came in a suit filed by the Tennessee Scenic Rivers Association (TSRA) and the Tennessee Clean Water Network (TCWN), who said coal […]

  • Enviros Call for Court Decision in Clean Power Plan Case

    Given that the Environmental Protection Agency (EPA) isn’t going to be taking any substantial action to rewrite the Clean Power Plan anytime soon, the U.S. Court of Appeals for the District of Columbia Circuit should not postpone a decision in the court case against the rule, an August 4 document filed by a group of […]

  • Cost to Complete Vogtle AP1000 Nuclear Units Could Balloon to $20B

    Costs to build the two Vogtle AP1000 units under construction in Georgia could range between $18.3 billion and $19.8 billion—and for now, Southern Co. is pinning its hopes to complete the project on approval from the Georgia Public Service Commission (PSC). Southern Co. CEO Tom Fanning told investors in a second-quarter earnings call on August […]