Legal & Regulatory

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 […]

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 […]

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 […]

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 […]

  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 […]

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’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 […]

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 […]

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

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

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

The relationship between affordable and reliable electric power and the economy, standard of living, and physical well being of Americans is beyond doubt. In the past several years, the burden of environmental

A group representing several energy companies and ratepayers said it would appeal a federal judge’s ruling that upholds New York’s plan to subsidize nuclear power plants in the state. U.S. District Judge Valerie Caproni on July 25 in Manhattan ruled that federal law does not preempt the state and its Public Service Commission (PSC) from […]

The Environmental Protection Agency (EPA) is facing a $528 million cut to its funding under the Interior and Environment Appropriations bill reported out of committee July 18. While Democrats on the House Appropriations Committee expressed disappointment in the deep cut, it could have been worse. The Trump administration’s budget request, released in late May, proposed […]

In negotiating the Senate’s fiscal year 2018 (FY18) Energy and Water (E&W) Development Appropriation’s bill, Sen. Lamar Alexander (R-Tenn.), chairman of the Senate appropriations subcommittee on energy and water development, had no time for President Donald Trump’s proposed cuts to the Department of Energy budget. “We started with an unrealistic budget proposal from the president. […]

The Trump administration wants to revitalize the coal industry, but they will not do so by imposing regulation on the natural gas industry, Secretary of Energy Rick Perry told reporters July 18 at a joint press conference with International Energy Agency Executive Director Fatih Birol. “Would the Department of Energy (DOE) be a participant in […]

A spokesman for Dominion Energy said the company will begin working on a new plan for dealing with leaking piles of coal ash at a retired coal plant in Virginia after a federal judge ruled the company’s current remediation at the site is not acceptable. U.S. District Judge John Gibney Jr. on July 13 ordered […]

A federal judge has let stand Illinois’ zero-emission credit (ZEC) program, dismissing challenges filed by power producers who said the initiative subsidizes nuclear power at the expense of other resources. Judge Manish S. Shah of the U.S. District Court for the Northern District of Illinois on July 14 ruled in favor of motions by the […]

House of Representatives appropriators July 12 took up their responses to President Donald Trump’s controversial fiscal year 2018 (FY18) budget requests for the Department of Energy (DOE) and the Environmental Protection Agency (EPA). Both bills were favorably reported out of their respective markups. The House FY18 Energy and Water Appropriations Bill, which funds DOE, came […]

Northern Indiana Public Service Co. (NIPSCO) said it will hold off on installing wastewater pollution controls at its largest coal plant in Indiana as industry groups continue to challenge the Environment Protection Agency (EPA) ruling that led to the installation plan. NIPSCO asked Indiana regulators in November 2016 to approve a $400 million plan for […]

A federal appeals court has ruled the Federal Energy Regulatory Commission (FERC) should not have denied a 2012 proposal by PJM in which the regional power operator sought to revise its minimum offer price rule (MOPR). The D.C. Circuit Court of Appeals on July 7 said FERC went beyond its “passive and reactive role” under […]

The Massachusetts Department of Energy Resources (DOER) has set the commonwealth’s much-anticipated energy storage target at 200 MWh to be achieved by January 1, 2020. Last week, it also issued a joint request for proposals for 400 MW of offshore wind energy. The announcements made this week follow an energy bill signed into law by […]

Florida regulators next week will consider whether to support an exemption to a state rule, a move that could speed the approval process for a new 1,163-MW natural gas-fired power plant on the state’s Atlantic coast. Florida Power & Light (FPL), the nation’s third-largest electric utility, has proposed the $888 million power plant for Broward […]