Legal & Regulatory

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

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

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 […]

  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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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

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

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

A handful of attorneys general want to join forces on ongoing and potential investigations into whether fossil fuel companies misled investors and the public about the impact of climate change on their businesses. New York Attorney General Eric T. Schneiderman announced the joint effort on March 29, during a one-day climate change conference for attorneys […]

A diverse coalition of major investor-owned utilities, public power authorities, and one of the largest independent power producers, as well as a combination of cities and states, clean energy groups, and environmental groups, filed briefs with the D.C. Circuit Court of Appeals in support of the Environmental Protection Agency’s (EPA’s) Clean Power Plan. The involved […]

“My sense as I speak to you here today is that nuclear energy is toast,” said New York Times Reporter Eduardo Porter, as he opened a panel discussion titled “Nuclear Energy and the Clean Energy Future” held at the New York University School of Law on March 23. “Despite the challenge from climate change that […]

Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia, is President Obama’s nominee to the U.S. Supreme Court. Here’s a roundup of Garland’s more recent power sector rulings. July 2015: On Backup Generators Chief Judge Garland and senior circuit Judges Williams and Randolph repealed part of the Environmental Protection […]

U.S. Supreme Court Chief Justice John Roberts rejected the plea of 20 states to stay the Environmental Protection Agency’s (EPA’s) Mercury and Air Toxics Standards (MATS) rule while the agency works to comply with a previous ruling. Michigan Attorney General Bill Schuette had requested the stay to pause any further action to implement the rule […]

The Oregon Senate passed a bill on March 2 that will require electric companies in the state to eliminate coal-fired resources from their electrical supplies by January 1, 2030. The bill—which passed in the senate by a 17–12 vote—had already been passed by the Oregon House of Representatives (38–20). It now heads to Gov. Kate […]

The disposal of coal ash, a combustion byproduct from coal-fired power plants, was propelled into the national conversation on December 22, 2008, when the Tennessee Valley Authority (TVA) Kingston power plant suffered one of the largest coal ash spills in history. Calls for regulatory action shifted pitch again after the Duke Energy Dan River spill […]

Legal battles to stall the 11-GW Belo Monte hydroelectric dam—being built on the Xingu River in Amazon forest for one of the world’s largest power plants—are raging on in Brazil (Figure 1). In January

Regulatory attention is rarely welcome in the best of times. When the attention is focused on a practice that has been standard operating procedure for more than a century—especially a practice that has left

Germany’s Energiewende (energy transition) was adopted as policy beginning in September 2010, some six months before the disaster at Japan’s Fukushima nuclear plant, and full legislative support was

In late 2015, the U.S. Environmental Protection Agency (EPA) published new regulations governing wastewater discharge from steam electric power plants. These new regulations, or effluent limitation guidelines

New reports released this week see big growth in renewables from the recently extended federal tax credits, but big uncertainty due to the possible end of the Clean Power Plan (CPP). New York-based consulting firm Rhodium Group says investment plans in the power sector will be radically different if the Clean Power Plan doesn’t happen. […]

The District of Columbia Public Service Commission (PSC) on Friday (Feb. 26) rejected a restructured $6.8 billion merger proposal between Exelon and local electric utility Pepco, but offered a counter proposal with conditions that the two companies are likely to approve easily, according to local opponents of the merger. The commission turned down the merger […]

Rallied by the Supreme Court’s unprecedented stay of the Environmental Protection Agency’s (EPA) Clean Power Plan, a coalition of 20 states has asked the high court to stay another disputed agency rule: the Mercury and Air Toxics Standards (MATS). The states are: Alabama, Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nebraska, North […]

  Power generators consumed 34% of total U.S. energy uses from fossil fuels and accounted for 39% of the nation’s carbon emissions from fossil fuel combustion in 2014—a fraction of a percent more than in 2013—the Environmental Protection Agency (EPA) said in its newly released Greenhouse Gas Inventory report. In 2014, 2,054.8 million metric tons […]

Despite the unprecedented stay by the Supreme Court, the Environmental Protection Agency’s (EPA’s) Clean Power Plan will withstand legal challenges “based on its merits,” predicted the agency’s head, Gina McCarthy, at the IHS CERAWeek conference in Houston. McCarthy discussed the plan and other recent initiatives to stem greenhouse gas emissions—including recently announced rules to curb […]