Legal & Regulatory
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Legal & Regulatory
Despite Stay, EPA Proposes Details of Clean Power Plan Voluntary Incentive Program
The Environmental Protection Agency (EPA) has unveiled details of the Clean Energy Incentive Program (CEIP), a voluntary measure central to the judicially stalled Clean Power Plan that seeks to provide guidance to states and tribes that want to meet goals under the plan when it becomes effective. The final Clean Power Plan, finalized in […]
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Legal & Regulatory
Federal Court Strikes Down Minnesota Coal Power Import Ban
A Minnesota law that bans power imports from new out-of-state coal-fired power plants is unconstitutional, a federal appeals court has deemed. The U.S. Court of Appeals for the Eighth Circuit on June 15 upheld a decision by the U.S. District Court for the District of Minnesota that found that the statute’s prohibitions had the effect […]
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Legal & Regulatory
Supreme Court Leaves Revised MATS in Place for Now
The Environmental Protection Agency’s (EPA’s) controversial Mercury and Air Toxics Standards (MATS) survived another day as the U.S. Supreme Court on June 13 declined to review the D.C. Circuit’s decision to leave the rule in place while the EPA revises it to comply with a 2015 Supreme Court ruling. The 2015 decision sent MATS back […]
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Legal & Regulatory
Regulators Approve Plan to Close Four Minnesota Coal Units
The Minnesota Public Utilities Commission (MPUC) approved Minnesota Power Co.’s integrated resource plan (IRP) on June 9, which calls for the economic idling of the company’s Taconite Harbor Energy Center—a two-unit 150-MW facility (Unit 3 was retired in June 2015)—this fall and ceasing coal operations at the site in 2020. The MPUC also adjusted the […]
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Legal & Regulatory
How Will the Supreme Court Stay Affect the Clean Power Plan?
One of the witnesses testifying before the U.S. Senate Committee on Environment and Public Works on June 9 believes states and regulated entities will be granted additional time to comply with the Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP), if the rule is ultimately found to be lawful. Currently, the U.S. Supreme Court has […]
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Legal & Regulatory
Byron, Three Mile Island Nuclear Plants at Risk, Exelon Says
Fresh on the heels of its decision to finally move ahead with the long-anticipated retirements of the Quad Cities and Clinton nuclear plants in Illinois, Exelon officials told an Iowa newspaper that its Byron and Three Mile Island (TMI) plants face the same challenges and could be forced into retirement without changes to markets and […]
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Legal & Regulatory
The Perils of Second-Guessing FERC
It’s axiomatic that state governments believe they can manage their own affairs better than the federal government. But our system reserves certain bailiwicks for federal oversight, and one of those is the
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Legal & Regulatory
Coal Combustion Residuals Rule Compliance Strategies
The Environmental Protection Agency’s rule to regulate the disposal of coal combustion residuals as solid waste went into effect last fall. After evaluating the available solutions and technologies, here’s what some experts consider the safest and most effective approaches for complying with the rule and protecting the environment. A little over a year ago, the […]
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Legal & Regulatory
How the Power Industry Is Making Sense of an Environmental Quandary
This year’s much-awaited Environmental Mega Session at the 18th annual ELECTRIC POWER Conference & Exhibition in New Orleans, La., on April 19 was titled “Navigating Clean Power Plan Compliance”
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Commentary
Learning from the Clean Air Act’s Tragic Flaw
“Why are you picking on the Clean Air Act?” That’s a question we’ve heard more than once while traveling the country to talk about our new book, Struggling for Air: Power Plants and the “War on
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Legal & Regulatory
Risk-Based NERC Compliance: Assessing Risk to Bulk Power System Generation
Ensuring the reliability of the power system is the responsibility of many industry participants. In this POWER exclusive, one regional reliability entity, the Midwest Reliability Organization, explains its role. In response to the 2003 Blackout—which affected parts of the U.S. Northeast and Midwest, plus portions of the Canadian province of Ontario—the U.S. Congress mandated adoption […]
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Legal & Regulatory
Energy Policy Differences Between Trump and Clinton Are Black and White
The two probable major-party U.S. presidential candidates hold very different views on energy and climate. One intends to focus on expanding and developing America’s fossil-fuel industries, while the other plans to grow renewable energy and promote efficiency. Can you guess who’s who? Fossil vs. Renewable Donald Trump, the presumed Republican nominee, presented his “America-First Energy […]
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Legal & Regulatory
EIA: Clean Power Plan Will Wallop Coal Power Generation
Even if the final Clean Power Plan is not implemented, U.S. electricity-related carbon dioxide (CO2) emissions will remain well below 2005 levels, the Energy Information Administration (EIA) said in a comparison of two cases looking forward through 2040. The cases are part of the agency’s May 17–released Annual Energy Outlook 2016 Early Release (AEO2016 Early […]
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Legal & Regulatory
D.C. Circuit Delays Clean Power Plan Case Hearing by Months, Opts for En Banc Review
Oral arguments to assess the merits of the Clean Power Plan will now take place before a nine-judge panel at the U.S. Court of Appeals for the District of Columbia Circuit on September 27, bypassing review of challenges to the Environmental Protection Agency’s (EPA’s) controversial rule by a three-judge panel that was originally scheduled to […]
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Legal & Regulatory
Evolving Roles for the Grid and Generation
It’s not being overly dramatic to say that the power industry is at its biggest inflection point to date. Even ignoring the effects of environmental regulations and (in North America, at least) cheap natural
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Legal & Regulatory
States Must Ensure DERs Are Not Caught in a Regulatory Web of Their Own Making
States across the U.S. have begun to commit themselves to expanding the reach of distributed energy resources (DERs), primarily rooftop solar photovoltaics (PV), throughout their communities. In particular
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Legal & Regulatory
German Companies Hope to Take Energiewende to Iran
Taking full advantage of the international political thaw with Iran, Germany has begun working closely with the fossil fuel–rich nation to develop renewable energy strategies based on the successes and failures its policymakers have learned from its own Energiewende (energy transition). To jumpstart this, Germany’s government recently released a commissioned report titled “Enabling PV Iran,” […]
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Legal & Regulatory
FERC Blocks Ohio Power Plant Subsidy Deal
Throwing yet another twist into a long-running saga, the Federal Energy Regulatory Commission (FERC) on April 27 blocked a pair of power purchase agreements (PPAs) that would have supported continued operation of FirstEnergy’s Davis-Besse nuclear plant and several aging coal-fired plants belonging to FirstEnergy and AEP. The Pubic Utilities Commission of Ohio approved the PPAs […]
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Legal & Regulatory
EPA Motions Court for Weighty Changes to Final Coal Ash Rule
A recent motion filed by the Environmental Protection Agency (EPA) asking a federal court to remand parts of its final coal combustion residuals (CCR) rule could have major new consequences for the power sector if upheld, an expert has said. In its 16-page motion filed on April 18, the agency asked the U.S. Court of Appeals […]
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Legal & Regulatory
Senate Passes Comprehensive Energy Bill, Future Uncertain
By an 85-12 vote, the U.S. Senate passed the first comprehensive energy bill in nearly a decade, bringing a successful conclusion to months of legislative effort and overcoming a series of roadblocks in the full Senate related to the water quality crisis in Flint, Mich. The product of more than a year of bipartisan work […]
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Legal & Regulatory
Supreme Court Strikes Down Maryland Power Plant Subsidies
In a unanimous ruling, the U.S. Supreme Court upheld a lower court decision that a program Maryland initiated in 2012 to subsidize power plant construction impermissibly invaded the Federal Energy Regulatory Commission’s (FERC’s) authority over interstate power markets. The case, Hughes v. Talen Energy Marketing, grew out of a decision by the Maryland Public Service […]
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Legal & Regulatory
[UPDATED] EPA Stands Ground on MATS with Final Cost Consideration
Public benefits offered by the Mercury and Air Toxics Standards (MATS) far outweigh the costs, the Environmental Protection Agency (EPA) said as it released a review of the 2012-finalized rule’s cost implications. The final cost consideration—released just days before power plants that received a one-year extension must come into compliance with the rule—was prompted by […]
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Commentary
Is EOR a Dead End for Carbon Capture and Storage?
In April’s editorial, “When Technology Tails Wag Power Dogs,” Editor Gail Reitenbach mused about whether the use of captured carbon dioxide (CO2) for enhanced oil recovery (EOR) represents a viable way forward for carbon capture, use, and sequestration (CCUS). This is a subject both of us have covered in various ways over the past few […]
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Legal & Regulatory
Aliso Canyon Gas Leak May Imperil Summer Reliability, CAISO Says
In a joint report issued April 5, a group of California agencies and utilities said that if the Aliso Canyon natural gas storage facility north of Los Angeles cannot be returned to service after a major leak this past winter, repeated gas curtailments could occur this summer, leading to significant loss of generating capacity in Southern […]
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Legal & Regulatory
Ohio PUC Approves FirstEnergy and AEP Subsidy Plans
Setting the stage for a drawn-out fight with ratepayer groups and other generators, the Public Utilities Commission of Ohio (PUCO) on March 31 approved proposals from FirstEnergy and American Electric Power (AEP) that will provide guaranteed income to FirstEnergy’s Davis-Besse nuclear plant (Figure 1) and several aging coal-fired plants belonging to it and AEP. 1. […]
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Legal & Regulatory
Air Emissions Tampering Leads to Felony Charges at Power Plant
The owner and management company of the Berkshire Power Plant—a 252-MW natural gas–fired combined cycle plant located in Agawam, Mass.—agreed to plead guilty on March 30 to felony charges that the companies violated and conspired to violate the federal Clean Air Act. The indictments against Berkshire Power Co. (BPC), the owner of the plant, and […]
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Legal & Regulatory
POWER Digest
Saudi Arabia Mulling Privatization of State-Owned Utility. State-controlled Saudi Electricity Co. (SEC) is to be split into four power generation firms by the end of 2016 to increase efficiency, Abdullah
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Legal & Regulatory
The Road to Distributed Generation: How to Avoid the Bumps
Distributed generation (DG) is receiving much attention as a resource that can facilitate the development of a smarter, more resilient, and more sustainable electric grid. Several jurisdictions, including New
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Legal & Regulatory
Communication Was Essential to Alliant Energy’s Successful Handling of Emissions Monitoring
The U.S. Environmental Protection Agency (EPA) is obligated to review many different federal environmental standards on a recurring basis and update them if the agency deems it necessary for the protection of