Legal & Regulatory

  • How to Develop a Values-Based Compliance Culture

    A lot of different methods are available to encourage compliance with company policies and regulations, but some are more effective than others. One that has worked well for GE and its customers inspires

  • Power Market Operators and Participants See a Glimmer of Optimism in Current Chaos

    The conversation at the ELECTRIC POWER Conference and Exhibition, as underscored by comments made in its keynote address and at the annual event’s executive roundtable, was optimistic yet cautious, owing to

  • Exelon Announces Three Mile Island Nuclear Plant to Close in 2019

    Exelon Corp. said it plans to retire the Three Mile Island (TMI) nuclear power plant around September 30, 2019, unless policy reforms are enacted in Pennsylvania. The company used a similar ploy in Illinois to pressure lawmakers into passing the state’s Future Energy Jobs bill, which provides subsidies for nuclear power plants. In that case, Exelon […]

  • Virginia Governor Orders Power Plant Carbon Regulations 

    Virginia’s governor has directed the commonwealth’s environmental quality agency to establish regulations to curb its carbon emissions from power plants via a carbon trading scheme by the end of this year.  Executive Directive 11 signed by Gov. Terry McAuliffe (D) on May 16 instructs the Department of Environmental Quality to develop a proposed rule to […]

  • Senate Committee Takes on Regulatory Reform

    The Senate Committee on Homeland Security and Government Affairs May 17 advanced a number of bills that could have significant impacts on the future of energy regulation in the future. Four of the bills— the Regulatory Accountability Act (RAA), the Regulations from the Executive in Need of Scrutiny (REINS) Act, the Midnight Rules Relief Act, […]

  • Trump Nominates Chatterjee, Powelson to FERC

    President Trump on Monday made two nominations to fill vacancies at the Federal Energy Regulatory Commission (FERC), which, if confirmed, would restore the agency’s quorum and ability to take action. Neither nominee was a surprise. Both names had long circulated in Washington. The mystery was why it took so long—three months—for the administration to fill […]

  • Should Investor-Owned Utilities Be Worried About Community Choice Aggregation?

    Community choice aggregation (CCA) is only allowed in seven states currently, but recent developments in California have investor-owned utilities there worried. They fear losing up to 80% of their retail load

  • New York’s Ambitious Transitions: Who Wins? Who Loses? Who Knows?

    New York’s electricity system and markets face a blizzard of changes, driven by policy, politics, and economic forces. The New York Independent System Operator and the New York State Energy Research and

  • Technology Risk Insurance Broadens Power Project Financing Options

    Power project financing demands are constantly changing. The current model for structuring project finance transactions began with the emergence of independent power producers (IPPs). Many IPPs only wanted to

  • As Community Choice Aggregation Expands, the Battle Over “Exit Fees” Intensifies

    Community choice aggregation (CCA) continues to emerge as a favorite tool for towns, cities, and counties interested in pursuing local control over their energy supply, increased renewable electricity

  • D.C. Circuit Halts Clean Power Plan, Mercury Rule Litigation

    In two separate actions over the past 24 hours, the D.C. Circuit granted the Environmental Protection Agency’s (EPA’s) request to suspend cases challenging the Clean Power Plan and the Mercury and Air Toxics Standards (MATS).   The orders are the latest in a series of similar actions over the past month by the D.C. Circuit that […]

  • Columbia Study Casts Doubt on Trump Coal Plan

    Natural gas supply and price, along with lower electric demand and the growth of renewables, have been far more responsible for the decline in the U.S. coal industry than environmental regulations, according to a new study by Columbia University’s Center on Global Energy Policy and the Rhodium Group, a New York consulting firm. That means […]

  • Trump’s EPA Signals Changes for Power Plant Mercury Rule

    The Trump administration is “closely” reviewing the Environmental Protection Agency’s (EPA’s) final cost consideration finding for its Mercury and Air Toxics Standards (MATS) to determine whether it should reconsider the rule or some part of it, it said in an April 18 federal court filing. The EPA filed a motion with the D.C. Circuit urging […]

  • DOE Issues First-Ever Emergency Order to Keep Open a Unit That Is Noncompliant with MATS

    The Department of Energy (DOE) issued an unprecedented emergency order on April 14 to keep open a power plant that had been slated for shutdown under the Mercury and Air Toxics Standards (MATS) in a bid to secure electric reliability. The DOE’s order was issued under the Federal Power Act Section 202(c). It inaugurates the […]

  • Energy Secretary Perry: War on Coal Is Over

    The Barack Obama administration waged war on the coal industry, but that’s all over now, recently confirmed Secretary of Energy Rick Perry told the National Coal Council (NCC) during its annual spring meeting. The NCC is an advisory board to the secretary of energy tasked with providing expert advice on matters of the coal industry. […]

  • Fight to Keep EPA’s Clean Power Plan Alive Intensifies in Federal Court

    A coalition of 24 states and localities have urged a federal court reviewing the merits of the Environmental Protection Agency’s (EPA’s) Clean Power Plan to stall the agency’s recent motion to suspend a case challenging the controversial rule. West Virginia v. Environmental Protection Agency (No. 15-1363) is arguably the most important set of environmental cases […]

  • The Future of Clean Energy Is Dependent on States and Utilities

    U.S. coal production in 2016 reached its lowest level since 1978. However, in its Annual Energy Outlook published in February 2017, the U.S. Energy Information Administration (EIA) expects coal-fired power to

  • U.S. Nuclear: From Hope to Despair

    A decade ago, the annual Platts nuclear energy conference in Washington was brimming with optimism over a coming “nuclear renaissance,” as licensing requests poured into the Nuclear Regulatory Commission

  • Reports of the Electric Grid’s Death Have Been Greatly Exaggerated

    There have been numerous pronouncements recently about the upcoming demise of the bulk power grid as consumers are projected to move toward decentralized green energy sources. We don’t believe that the end

  • Trump Signs Energy Independence Executive Order

    Surrounded by coal miners, industry leaders, the secretaries of Energy and the Interior, the Environmental Protection Agency (EPA) administrator, and the vice president, President Donald Trump on March 28 signed an executive order rescinding or reviewing key provisions of the previous administration’s climate agenda. “The action I’m taking today will eliminate federal overreach, restore economic […]

  • Holcomb Station Coal Plant Expansion Clears Legal Hurdle

    A long-planned expansion of Sunflower Electric Power Corp.’s Holcomb Station is a little closer to fruition as of March 17 with a favorable ruling from the Kansas Supreme Court. The state’s high court ruled to uphold a 2010 construction permit, which was amended in 2013, for the plant. The Sierra Club argued that the permit […]

  • AES Closing Two More Ohio Coal Plants

    AES subsidiary Dayton Power & Light (DP&L) confirmed on March 20 that it will close two of its coal-fired plants by 2018 because they have become uneconomic. The Ohio utility announced its intent to close the two plants in January as part of a settlement over its future reliability planning. The plan had been contested […]

  • Japanese Court Awards Damages to Fukushima Residents

    In a ruling that stunned the nation, a district court in Japan awarded damages to 62 plaintiffs who lived near the Fukushima Daiichi Nuclear Power Plant before the 2011 disaster, finding that plant owner Tokyo Electric Power Co. (TEPCO) and the Japanese government were aware of risks to the plant and could have taken measures […]

  • Deep EPA Budget Cuts Not What Americans Want, Former EPA Heads Say

    President Donald Trump’s proposed budget, which cuts funding for the Environmental Protection Agency (EPA) by 31%, will not be received favorably by the American people, former EPA Administrators Gina McCarthy and Carol Browner said March 17 during a call with the press. “This is clear what’s happening. The White House has made a decision that […]

  • Texas Sues Federal Agencies to Force Action on Yucca Mountain

    Texas has filed a lawsuit in federal court to stop the Department of Energy (DOE) from spending tax dollars on consent-based siting activity, and to force the Nuclear Regulatory Commission (NRC) and other relevant federal agencies to complete licensing proceedings for the Yucca Mountain nuclear waste permanent repository. The lawsuit filed with the U.S. Court […]

  • New EPA Chief Scott Pruitt Sets Out to Restrain Agency

    The Environmental Protection Agency’s (EPA’s) administrative priorities will be reined in to focus on process, rule of law, and cooperation with states, the agency’s new head Scott Pruitt told attendees at CERAweek by IHS Markit on March 9. Since the former Oklahoma Attorney General was sworn in as EPA administrator in late February, the agency has […]

  • Perry Confirmed as Secretary of Energy

    With a vote of 62–37, the Senate on March 2 confirmed former Texas governor Rick Perry as the new secretary of energy. Perry received the support of 10 Democratic senators: Mark Warner (Va.), Joe Manchin (W.Va.), Heidi Heitkamp (N.D.), Tom Udall (N.M.), Catherine Cortez Masto (Nev.), Debbie Stabenow (Mich.), Claire McCaskill (Mo.), Jon Tester (Mont.), […]

  • Odds Are Against a Coal Comeback, Duke CEO Says

    Regardless of recent federal support for a revitalization of coal in the U.S., “the economics are challenged,” Lynn Good, CEO of Duke Energy, said March 1 during a presentation at the U.S. Department of Energy’s (DOE) Advanced Research Projects Agency-Energy (ARPA-E) Energy Innovation Summit. “I think coal continues to be an important part of a […]

  • Trump Orders WOTUS Rule Rewrite

    An executive order signed by President Donald Trump on February 27 authorizes the Environmental Protection Agency (EPA) to rewrite a contentious rule asserting federal authority over small bodies of water. The Waters of the U.S. (WOTUS) rule, also known as the “Clean Water Rule,” finalized by the EPA and the U.S. Army Corps of Engineers […]

  • Trump’s Two-for-One Special on Federal Regulations

    On January 30, as part of a flurry of new policies, President Donald Trump signed the “Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs.” The stated purpose of this order is to reduce the federal regulatory burden on the U.S. economy. The outcome, at least in the short term, is likely to be […]