Legal & Regulatory

Over the last several years, cyber actors and online criminal gangs have used cyber warfare to disrupt business and infrastructure across the globe. Today, they are becoming even more aggressive and are using their resources to target Operations Technology (OT) and Industrial Control System (ICS) networks. According to the Canadian government’s Canadian Centre for Cyber […]

President Joe Biden just hours after his inauguration effected an immediate freeze on several Trump-era deregulatory actions that directly affect the power sector, and revoked a long list of rules and executive actions affecting the bulk power system. The president on Jan. 20 also kickstarted America’s return to the Paris Agreement, sending a brief letter […]

General Electric (GE) has filed a lawsuit accusing “willful and malicious misappropriation of GE’s trade secrets” by Siemens Energy, charging that a current Siemens employee “knowingly and surreptitiously” received GE intellectual property, which led to Siemens using the information to improve its own bids for lucrative contracts supplying gas turbines to utilities. GE in the […]

The Trump administration’s final rule interpreting the Migratory Bird Treaty Act (MBTA) to not prohibit the incidental take (accidental injury or death) of migratory birds recently hatched. But with the Biden administration taking the regulatory reins on Jan. 20, 2021, this lame-duck regulation will be quickly grounded. COMMENTARY Anticipating this, power companies should remain vigilant […]

As we get closer to the presidential inauguration, and with President-elect Biden’s announcement of his Cabinet picks for the Department of Energy (DOE), Environmental Protection Agency (EPA), and the Department of the Interior (Interior), we begin the inevitable hypothesizing about which “Day 1 actions” will be taken, which actions will be among the administration’s “100 […]

The power purchase agreement, commonly called a PPA, is a fundamental element to the development, construction, and financing of power generation projects. Like many things in the power industry, the PPA is

The Federal Energy Regulatory Commission (FERC) in September issued Order 2222, a final rule to remove barriers for distributed energy resource (DER) aggregators to participate in the wholesale capacity

The Department of Energy (DOE) has issued a “prohibition order” in line with President Trump’s May 2020 broad bulk power system (BPS) security executive order (EO 13920) that will ban some utility procurement of specific grid equipment from China.  When it takes effect on Jan. 16, 2021, the Dec. 17–issued “Prohibition Order Securing Critical Defense […]

The leader of North Carolina’s agency overseeing environmental issues in that state will be nominated to lead the U.S. Environmental Protection Agency (EPA), POWER learned on Dec. 17. Michael Regan, 44, who previously worked at EPA and has served with the North Carolina Dept. of Environmental Quality (NCDEQ) since 2017, is expected to be nominated […]

The U.S. Senate on Nov. 30 confirmed Federal Energy Regulatory Commission (FERC) nominees Allison Clements and Mark Christie, filling out all five seats at the helm of the federal energy regulator with a bipartisan panel for the first time in nearly two years.  Clements, a Democrat, replaces former Commissioner Cheryl LaFleur for a term that […]