Legal & Regulatory

  • 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

  • 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 […]