Legal & Regulatory

  • Baseload Regulation in a Post-Clean Power Plan World

    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

  • Group Will Appeal Ruling That Backs N.Y. Nuclear Subsidies

    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 […]

  • House Appropriators Approve EPA Funding Bill with Deep Cuts

    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 […]

  • Senate Subcommittee Rejects Trump’s ‘Unrealistic’ DOE Budget Request

    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. […]

  • DOE Won’t Increase Regulation on Gas to Boost Coal, Perry Says

    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 […]

  • Dominion Ordered to Revise Plan for Coal Ash at Chesapeake

    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 […]

  • Appeal Filed After Judge Dismisses Challenge to Illinois’ ZEC Program

    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 […]

  • DOE, EPA Appropriations Bills See Movement on the Hill

    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 […]

  • Indiana Coal Plant Delays Pollution Control Amid EPA Uncertainty

    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 […]

  • Court Rejects FERC Decision on PJM Pricing Rule

    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 […]

  • Massachusetts Sets Energy Storage Target, Issues Offshore Wind Proposals

    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 […]

  • FP&L Seeks State Exemption to Build New Florida Plant

    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 […]

  • FERC: And Then There Was One

    Behold, the Federal Energy Regulatory Commission (FERC): Cheryl LaFleur, chairman and sole commissioner. Thanks to a largely feckless Trump administration, the five-member FERC now consists of only one member, leaving the commission, an important energy infrastructure agency, continued partially crippled for lack of a quorum. FERC has been hobbled since early February, when Trump demoted […]

  • Foggy Resolution for Russia-Ukraine Gas Spat from Arbitration Court

    Beyond the bitter disputes that have recently cropped up between Ukraine and Russia concerning Russia’s 2014 annexation of Crimea and the subsequent separatist violence in Ukraine’s Donbass region

  • A Mixed Bag of Nuclear Developments in UAE, S. Korea, Switzerland and S. Africa

    The world’s nuclear sector saw a flurry of activity during April and May, though most of it wasn’t good news.  First Unit at Barakah Built, but Regulatory Delays Prevail. Initial construction activities

  • FERC Civil Penalty Order Underscores Need for Companies to Invest in Compliance Training

    The Federal Energy Regulatory Commission (FERC) approved a settlement with GDF SUEZ Energy Marketing NA Inc. (GSEMNA) in February 2017, in which GSEMNA agreed to pay civil penalties of $41 million and disgorge

  • Particle Sizing in Emissions Samples by Scanning Electron Microscopy

    With low particulate loading common in stack emissions these days, particulate matter measurement can be difficult using traditional techniques. Microscopical measurement of particle-size distributions offers

  • Coal: The Next Chapter

    The new administration in Washington, D.C., has a sharply different vision for the development and use of our nation’s abundant energy resources, including coal. These riches are seen as a strength, not

  • Agencies Propose to Rescind Contentious WOTUS Rule, but It May Not Be Over Yet

     The U.S. Environmental Protection Agency (EPA), Department of Army, and Army Corps of Engineers have proposed a rule to rescind the controversial Waters of the U.S. (WOTUS) rule, which asserts federal authority over small bodies of water. The rule, also known as the “Clean Water Rule,” was promulgated by the EPA and the U.S. Army […]

  • Report: Killing Clean Power Plan Could Cost Nation 560,000 Potential Jobs

    If the Trump administration’s efforts to roll back the Clean Power Plan (CPP) are successful, the nation could miss out on 560,000 potential jobs and a boost of $52 billion to the gross domestic product (GDP), according to a report released by Environmental Entrepreneurs (E2). “From states with relatively small populations like Maine and Montana […]

  • Trump Administration Leaders Send Mixed Messages About Fuel Diversity

    The Trump administration says it’s not going to pick winners and losers when it comes to energy generation, but it sure doesn’t seem to like wind and solar, judging from a recent presentation by Interior Secretary Ryan Zinke. The nation needs a diverse energy mix, including nuclear, coal, natural gas, and renewables, several energy industry […]

  • Dominion Will Restart Virginia Coal Units After DOE Emergency Order

    The U.S. Department of Energy (DOE) said PJM can restart two coal-fired units at Dominion Energy’s Yorktown, Va., power plant, two months after the aging units were shut down because they could not meet federal emissions standards. The emergency order from the DOE, issued June 16, allows the units to run during the hot summer […]

  • Cost Overruns at Vogtle Expected to Soar

    Georgia Power officials say the utility continues to work with its partners in the troubled Vogtle nuclear plant to firm up construction timelines and determine the costs to complete two new units at the facility. At the same time, a group opposed to the project and two long-time project consultants say ballooning costs should put […]

  • Analysis Shows U.S. Nuclear Plants Losing $2.9 Billion Annually

    Increased use of less-expensive natural gas and renewable sources of energy for power generation is putting financial pressure on U.S. nuclear power plants, according to an analysis of electricity costs from Bloomberg New Energy Finance (BNEF). Nicholas Steckler, an analyst for BNEF, in a June 14 report said nuclear operators are losing about $2.9 billion […]

  • EPA Head Leaves Climate Summit Early

    The administrator of the U.S. Environmental Protection Agency (EPA) reportedly left a Group of Seven summit on climate in Bologna, Italy, after the opening session of the two-day event, just days after President Donald Trump said the U.S. would pull out of the Paris climate agreement. Scott Pruitt, the Oklahoma attorney general before being tapped […]

  • Toshiba Agrees to $3.68 Billion Deal to Aid Vogtle Nuclear Construction

    A nuclear plant construction project in Georgia that is years behind schedule and billions of dollars over budget has been given a lifeline that at least temporarily eases concerns about its future. Toshiba, the parent company of Westinghouse, and Southern Company subsidiary Georgia Power, majority owner of Plant Vogtle near Augusta, on June 9 reached […]

  • EPA Extends Deadline for 2015 Ozone NAAQS Area Designations

    The Environmental Protection Agency (EPA) is giving states an extra year to develop air quality plans related to the 2015-National Ambient Air Quality Standards (NAAQS) for ground-level ozone. In a June 6 letter sent to U.S. governors, EPA Administrator Scott Pruitt announced that the extended deadline for promulgating initial area designations for the rule issued […]

  • Coal Is Back

    Although I’m sure some readers will consider the title of this column hyperbole, coal is back. It’s back in the public discourse, and that’s largely due to the Trump administration. President Trump was

  • A Double Whammy for Coal Power in Europe

    Coal generation in Europe was walloped—twice—in April. Early in the month, members of EURELECTRIC, a pan-European power sector association of more than 3,500 companies, announced that it would cease

  • Offshore Wind Contract Conundrum Heads to Supreme Court

    The English Supreme Court is due to hear an appeal on the long-running dispute in connection with the Robin Rigg Offshore Wind Farm. The decision promises to be significant for the offshore wind industry, its