Legal & Regulatory

  • LIVE UPDATES: The Clean Power Plan at the D.C. Circuit

    Oral arguments on the merits of the Environmental Protection Agency’s (EPA’s) Clean Power Plan were concluded before an en banc panel (10 judges, rather than the anticipated three) at the D.C. Circuit Court of Appeals on September 27. West Virginia v. Environmental Protection Agency (No. 15-1363) is arguably the most important environmental case in nearly […]

  • FERC Adopts GMD Rule and Says Farewell to Tony Clark

    The Federal Energy Regulatory Commission (FERC) last week unanimously adopted a final rule on reliability standards to address the threat to the grid from geomagnetic disturbances (GMD).

  • Western Region Power Grid: Coming Soon?

    Panelists debating the pros and cons of a regionalized western power grid seemed to agree that the development of such a system is inevitable, but they disagreed on how fast the evolution should occur. The panel discussion took place during the California Independent System Operator (ISO) Stakeholder Symposium held on September 7 in Sacramento. At […]

  • EPA Issues Updated CSAPR Rule in Push for Compliance with More Stringent 2008 Ozone NAAQS

    Updates finalized by the Environmental Protection Agency (EPA) to its Cross-State Air Pollution Rule (CSAPR) identify nitrogen oxide emission (NOx) reductions from power plants in 22 states to help states address transported pollution under the agency’s more stringent 2008 ozone air quality standards. It marks the first time the EPA has updated an existing program […]

  • Can Anything Save Merchant Nuclear?

    In an industry as slow-moving as power generation, where planning horizons are measured in decades and assets can remain in operation for the better part of a century, it’s rare that things happen fast enough to catch anyone by surprise. But that’s exactly what’s happened to the U.S. merchant nuclear business over the past four […]

  • Coal Power Plant Post-Retirement Options

    Deciding to retire a coal-fired unit is often a tough call, but even tougher decisions follow. The next steps taken by a generation owner have multiple economic, environmental, and stakeholder consequences. Since 2000, U.S. generating companies (Gencos) have announced the closure of more than 200 coal-fired power plants, totaling 102 GW of generating capacity. Closures […]

  • Huge Iowa Wind Farm Gets Go-Ahead

    MidAmerican Energy’s Wind XI project in Iowa, which will comprise up to 2 GW of total generation, has received approval from state regulators to proceed with construction, the company said. The $3.6 billion project will place 1,000 turbines at several sites still to be finalized. Plans were announced in April 2016, and the Iowa Utilities […]

  • U.S. and Canada Follow Different Climate Policy Paths—Does One Offer a Competitive Advantage?

    Although the U.S. and Canada are both aiming for similar greenhouse gas (GHG) emissions reductions, the two countries are embarking on decidedly different approaches to reaching their goals, according to a report released on August 23. IHS Markit—a company that provides information, analytics, and solutions to customers in business, finance, and government—developed the report, titled […]

  • Texas Coal Plant Wins Tax Appraisal Case, Property Value Cut 60%

    The Sandy Creek coal-fired power plant—a 900-MW facility in Riesel, Texas—won a major victory in court on August 19 when a McLennan County jury agreed that the plant was appraised at a much higher value than justified by market conditions. The appraisal district had suggested the plant be valued at $900 million in 2014 and […]

  • New Mexico Clears Hurdle to Provide Power to Facebook Facility

    A unanimous vote by New Mexico’s Public Regulation Commission (PRC) today determined that Public Service Co. of New Mexico (PNM) will be allowed to provide new renewable capacity to a proposed Facebook facility through a special service agreement.

  • Republican Tony Clark to Leave FERC in September

    Tony Clark, the only Republican on the Federal Energy Regulatory Commission, announced Aug. 4 that the agency’s September meeting will be his last.

  • Despite Policy Shifts, China Faces Huge Coal-Fired Overcapacity

    China’s once-booming coal power sector is facing an existential challenge as continued breakneck expansion of new capacity is colliding with flattened growth in power demand, despite increasingly strenuous government efforts to put the brakes on new construction. According to a pair of new studies, China’s overcapacity in coal-fired generation could reach a staggering 400 GW […]

  • Ansaldo Energia Wins Arbitration Dispute Over Siemens Gas Turbine Patents [Updated]

    Italian firm Ansaldo Energia successfully defended an arbitration case brought by Siemens in the International Chamber of Commerce (ICC) Arbitral Tribunal regarding its right to use Siemens gas turbine technology under a license agreement, the company said on Aug. 1. The dispute stemmed from an agreement that ran from 1991 through October 2004 under which […]

  • N.Y. Approves Nuclear Subsidies and Mandates 50% Renewables by 2030

    The New York State Public Service Commission (PSC) approved New York’s Clean Energy Standard on August 1, likely saving three upstate nuclear power plants, while requiring 50% of the state’s electricity to come from renewable energy sources by 2030. Gov. Andrew Cuomo (D) praised the action in a statement following the announcement. “New York has […]

  • More Communities Choose Their Own Energy Future

    As the effects of climate change have increased and renewable energy is becoming cost-competitive with conventional forms of energy generation, more and more towns, cities, and counties are pushing their local utilities to increase the amount of renewables in their energy portfolios. While many utilities are embracing this shift to renewable energy, others are slow […]

  • TVA Uses Advanced Technology to Store and Monitor Coal Ash

    At 2:45 p.m., Nicholas McClung’s cellphone chirps during a business meeting. He doesn’t bother to look at it; the special chirp says it all. He politely excuses himself from the meeting and rushes to the Tennessee Valley Authority’s (TVA’s) Advanced Technology for Impoundment Monitoring (ATIM) center in the basement of the company’s Chattanooga headquarters. When […]

  • Poland Shuns Wind, Doubles Down on Coal-Reliant Future

    Poland, a country where hard coal and lignite power plants currently generate about 85% of the power, has passed a law that stymies a wind power expansion and is now mulling draft legislation that will help boost investments in new coal capacity. The eastern European country has bucked the trend toward renewable power that many […]

  • South Korea to Partially Liberalize Power Sector

    In a major shakeup of a power sector currently monopolized by a state-owned giant, South Korea has moved to partially open its electricity generation market to private companies in a bid to improve efficiency

  • Abolished Nuclear Tax Is Relief for Unprofitable Nuclear Operators in Sweden

    Sweden, which has been contemplating the role of its 10 nuclear reactors in its future power mix, said in June it will phase out a tax on nuclear power over the next two years and replace aging plants with new ones. The agreement by the Social Democrats, the Moderate Party, the Green Party, the Centre […]

  • Even with Trump, America’s Coal Age Ends in 2016

    Now that the political conventions are over and Americans must choose between two presidential candidates, the rhetoric around coal’s future continues to heat up. What neither candidate is telling you, however, is that no matter who is elected in November, no matter what the makeup of the next Congress is, America’s coal age is over. […]

  • Federal Court Stays EPA’s Regional Haze Rule

    A federal appeals court has stayed a regional haze rule finalized by the Environmental Protection Agency (EPA) earlier this year that had threatened to close up to 8.4 GW of coal-fired power capacity in Texas. In a unanimous ruling on July 15, the U.S. Court of Appeals for the Fifth Circuit granted a motion for […]

  • Severe Solar Storm Could Shut Down U.S. Grid for Months, Study Says

    A severe solar storm striking the continental U.S. could cause trillions of dollars in damage to the global economy and shut down portions of the U.S. grid for up to a year, according to a new study prepared by the Cambridge Centre for Risk Studies for insurance firm AIG. The study, Helios Solar Storm Scenario, […]

  • Amid Scrutiny, Kemper IGCC Project Marks Big Syngas Production Milestone

    Southern Co.’s Kemper County energy facility—the only carbon capture and storage (CCS) integrated gasification combined cycle (IGCC) power plant that is under construction—is producing syngas using lignite. The plant marked its most significant milestone to date on July 14, said Southern Co.’s Mississippi Power. It means that the first-of-its-kind technology to convert locally mined lignite […]

  • NextEra Energy Cans Deal to Acquire Hawaiian Electric

    NextEra Energy announced on July 18 that it has terminated plans to merge with Hawaiian Electric Industries (HEI). Not surprisingly, NextEra Energy said the decision was driven by the Hawaii Public Utilities Commission’s (PUC’s) 2–0 decision on July 15 to dismiss the Joint Application for the Change of Control filed by the companies. “As a […]

  • Green Groups Challenge PJM’s Capacity Performance Rules

    The “polar vortex” storm of January 2014 blew in big changes to PJM Interconnection’s operations. But these changes are now the subject of a lawsuit filed by environmental groups, alleging they discriminate against clean energy sources. The sub-zero temperatures froze coal piles and gearboxes. Natural gas plants, lacking firm contracts for fuel delivery, were unable […]

  • EU Parliament Approves New Cybersecurity Rules

    The European Union (EU) parliament on July 6 approved the first community-wide rules designed to bolster cybersecurity throughout the EU. According to the official statement, the new law “lays down security and reporting obligations for ‘operators of essential services’ in sectors such as energy, transport, health, banking and drinking water supply. EU member states will […]

  • Obama Administration’s Environmental Rules to Leave Lasting Legacy on Power Sector, Markets

    Witnesses at a Congressional hearing raised concerns about the complexity, costs, legality, and feasibility of the 3,900 final rules published by the Environmental Protection Agency (EPA) during the Obama administration. A large portion of those rules affect the power sector, but none are more contentious than the Clean Power Plan, regulatory and citizen interest experts […]

  • Weighing the Environmental Impacts of Wind and Solar

    Renewable generation is usually characterized as more environmentally friendly than fossil fuels, and in many respects, that’s true. But there is a growing recognition that solar and wind generation have their own impacts, and an increasing number of manufacturers and generators are looking for ways to minimize them. Iceland might be about the last place […]