Legal & Regulatory

  • B&W to Restructure Power Business, Cites Dismal Coal Projections

    Projections that coal utilization will decline faster than previously forecast have spurred Babcock & Wilcox Enterprises (B&W) to shed 200 jobs and restructure its traditional power business that serves coal-fired power generation in a bid to reduce overhead and improve efficiency. The Charlotte, N.C.–based energy and environmental technology and service company said on June 28 […]

  • IEA: World’s Power Sector Trails Others in Air Emissions

    The world’s power sector last year emitted a third of global sulfur dioxide (SO2) emissions, 14% of nitrogen oxides (NOx), and 5% of total particulate emissions (PM2.5), but those emission values have fallen drastically over the last decade even though coal power generation has seen a surge, the International Energy Agency (IEA) said in a […]

  • U.S., Canada, Mexico Commit to 50% Carbon-Free Power by 2025

    The U.S., Mexico, and Canada today announced an unprecedented goal to procure 50% of North America’s total power generation from renewables, nuclear, carbon capture and storage (CCS), and energy efficiency technologies by 2025. President Obama, Prime Minister of Canada Justin Trudeau, and the President of Mexico Enrique Peña Nieto, announced the continental goal, part of […]

  • California Governor, Legislature, Agree on Major Overhaul of CPUC

    California Gov. Jerry Brown and members of the California legislature have agreed on a package of “sweeping” reforms designed to overhaul the California Public Utilities Commission (CPUC), increase transparency, and change how the CPUC conducts much of its business. The changes come in the wake of repeated disclosures of illegal ex parte meetings and communications […]

  • How the FAA’s First-Ever Commercial Drone Rules Could Affect Power Companies

    The first operational rules finalized by the Federal Aviation Administration (FAA) for routine commercial use of drones could have major implications for utilities and power companies, which are increasingly using them for operations and maintenance. The new rules (Part 107 of the Federal Aviation Regulations) that apply to unmanned aircraft systems (UAS)—or drones—weighing less than […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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

  • 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 […]

  • 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”

  • 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

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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,” […]

  • 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

  • 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

  • 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • [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 […]

  • 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 […]

  • 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 […]