Legal & Regulatory

The Mercury and Air Toxics Standards (MATS) will remain in effect as the Environmental Protection Agency (EPA) works on a final cost finding, the U.S. Court of Appeals for the D.C. Circuit ordered on Dec. 15. The court noted in a two-page order that the EPA “has represented that it is on track to issue […]

Coal ash utilization, which had stalled between 2009 and 2013 as the Environmental Protection Agency (EPA) prepared a final federal coal ash rule, increased significantly in 2014. According to the American Coal Ash Association’s (ACAA’s) most recent “Production and Use Survey,” 62.4 million tons of coal combustion products were beneficially used in 2014—up from 51.4 […]

The U.S. Government Accountability Office (GAO) issued a decision concluding that the Environmental Protection Agency’s (EPA’s) use of Thunderclap—a crowd-speaking social media platform that allows a single message to be mass-shared, flash-mob style—constituted “covert propaganda,” in violation of the publicity or propaganda prohibition. The decision was issued in response to a request from Sen. James […]

Delegates of 195 nations, including the U.S., on Dec. 12 reached a landmark deal at the Paris COP21 conference that commits the world to reducing greenhouse gas (GHG) emissions in an effort to combat the effects of climate change. Though scientists have said global temperature increases need to kept below 2 degrees C to avoid […]

American Electric Power (AEP), through its subsidiary AEP Ohio, announced on Dec. 14 that it had filed a stipulated agreement with the Public Utilities Commission of Ohio (PUCO) in support of the company’s expanded power purchase agreement. Details of the Agreement The stipulated agreement, which the company expects the PUCO to rule on in early […]

American Electric Power (AEP), one of the biggest coal generators in the U.S., is withdrawing funds and staff resources from heavy lobbying efforts against the Clean Power Plan, sinking them instead into preparations for compliance with the controversial climate rule. The company has informed the American Legislative Exchange Council (ALEC) that it will not be […]

The Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP) is likely to be complicated at least as much by political and legal opposition as by technological challenges in reducing carbon emissions, several speakers at POWER magazine’s inaugural conference on legal issues in the generation industry noted on Dec. 7 in Las Vegas. “Navigating Legal Implications of […]

FirstEnergy Corp., which may enter into a settlement with Ohio to safeguard the future of its Davis-Besse nuclear plant—a deal critics have blasted as “corporate welfare”—just got the Nuclear Regulatory Commission’s permission to operate the 1978-built reactor until 2037. The 20-year license extension marks a milestone for Akron-headquartered FirstEnergy, which has warned it might have […]

New rules from the Environmental Protection Agency (EPA) have several unintended consequences for the power sector, an expert said at a POWER magazine event on Dec. 7. Floyd Self, an attorney with Florida-based law firm Berger Singerman, said that the bevy of new EPA rules have helped forged mergers between electric and gas utilities and necessitated […]

Climate change litigation in the U.S. has far outpaced climate litigation in any other jurisdiction. In fact, according to Teri Donaldson, partner with DLA Piper, more lawsuits concerning climate change have been decided or settled in the U.S. than in the rest of the world combined. “The success rate in these cases is very low,” […]

The power sector should view the Environmental Protection Agency’s (EPA’s) recent drive to tighten regulations on air and water emissions as an opportunity to improve its efficiency and environmental footprint rather than as an obstacle, said EPA General Counsel Avi S. Garbow at POWER magazine’s inaugural conference on legal issues in the generation industry. “We want […]

Florida’s Seminole Electric Cooperative faces what may be the most difficult generation transition in the nation as a result of the Obama administration’s Clean Power Plan. One of the nation’s largest generation and transmission rural electric cooperatives, Seminole owes its origins and its current position primarily to a single coal-fired plant. When electric utility veteran […]

There’s an old saying in Washington that when everyone is upset, you’ve probably done something right. By that measure, the Environmental Protection Agency’s (EPA’s) latest update to the National

The Environmental Protection Agency (EPA) on Nov. 20 issued a supplemental finding that consideration of costs does not affect its previous conclusion that regulation of coal- and oil-fired power plants is “appropriate and necessary” under section 112 of the Clean Air Act. The finding was in response to a June decision by the U.S. Supreme […]

The U.S. Senate late on Nov. 17 passed a pair of resolutions that would overturn recent Environmental Protection Agency rules on power plant emissions, rules that form the core of the Obama administration’s Clean Power Plan. The two resolutions, S.J. Res. 23 and S.J. Res. 24, were passed under a little-used provision known as the Congressional Review […]

Another month, another premature nuclear plant retirement. About two weeks ago, Entergy finally threw in the towel on the James A. FitzPatrick Nuclear Power Plant in Scriba, N.Y., a move that came as a surprise to exactly no one who has been paying attention to the merchant nuclear business in the U.S. the past few […]

The Environmental Protection Agency (EPA) on Nov. 16 proposed updates to the Cross-State Air Pollution Rule (CSAPR) with the intent of reducing NOx emissions from power plants in the eastern half of the U.S. The proposed CSAPR update identifies cuts in power plant NOx emissions in 23 states. The EPA said these cuts can be […]

The cabinet of Angela Merkel’s ruling coalition has endorsed changes to the German electricity market, ensuring their passage into law. “This is the largest reform of the electricity market since the energy markets were liberalised in the 1990s, and it will make the electricity market fit for the 21st century,” said Energy Minister Sigmar Gabriel. […]

The final session of the annual meeting of the National Association of Regulatory Utility Commissioners (NARUC) in Austin ended on Nov. 11 on a “high note,” as outgoing president and Florida Commissioner Lisa Edgar had promised, with a panel titled “The Straight Dope on Energy & the Marijuana Industry.” The subtitle, “(Don’t laugh, it could […]

  Dominion subsidiary Dominion Virginia Power on Nov. 6 became the first U.S utility to notify the Nuclear Regulatory Commission (NRC) of its intent to file a second license renewal application for one of its nuclear plants. Dominion intends to seek a 20-year extension for the two-unit, 1,676-MW Surry Power Station in Virginia. The announcement […]

One of the “flexibility” measures built into the Environmental Protection Agency’s (EPA’s) final Clean Power Plan (CPP) is the option for states to join multi-state emissions trading programs for carbon dioxide. Panelists in a session focused on this issue at the National Association of Regulatory Utility Commissioners (NARUC) annual meeting in Austin largely agreed on […]

Comments made at the annual meeting of the National Association of Regulatory Utility Commissioners (NARUC) suggest that the regulatory group and the Environmental Protection Agency (EPA) have been in regular dialog throughout the process of developing the Clean Power Plan (CPP), arguably the most complex environmental regulation affecting the power generation sector and electric utilities. […]

In a Monday morning session at the annual meeting in Austin of the National Association of Regulatory Utility Commissioners (NARUC), panelists and commissioners traded comments on challenges and successes related to integrating increasing levels of renewables while ensuring reliable grid operation. David Boyd, VP of government and regulatory affairs for the Midcontinent Independent System Operator […]

A subcommittee of the House Energy and Commerce Committee has passed two resolutions under a rarely invoked law to render the Environmental Protection Agency’s (EPA’s) newly finalized carbon rules for new and existing power plants toothless. The joint resolutions introduced on Oct. 26 by Energy and Power Subcommittee Chair Rep. Ed Whitfield (R-Ky.) under the […]

On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was signed into law. It remains, arguably, the last significant piece of energy legislation to be enacted in the U.S. The changes wrought by EPAct are far-reaching and controversial, and for the gas and electric industry, perhaps no change has been more significant than […]

The U.S. Senate has approved the Cybersecurity Information Sharing Act (CISA), controversial legislation intended to block the deluge of cyberattacks by opening up communication channels between the private sector and federal agencies.   Senate Bill 754 introduced in March by Sen. Richard Burr (R-N.C.) and co-sponsored by Dianne Feinstein (D-Calif.) passed the Senate by a […]

It took only minutes for opponents to the Obama administration’s Clean Power Plan to reduce carbon dioxide emissions from coal-fired power plants to head for the courts. The Environmental Protection Agency (EPA) plan became official, published in the Federal Register on Friday morning. The race to the courthouse was on. The first electric utility in […]

Will rooftop solar photovoltaics be the most economical way to deploy today’s hottest new generating technology, or will central utility solar PV systems be the best economic bet? Is there a third way? The answer appears to be “yes.” Solar photovoltaic (PV) power has emerged as the hottest new trend in renewable energy generation, primarily […]

For the first time in nearly 20 years, the Nuclear Regulatory Commission (NRC) has issued an operating license for a new nuclear power plant. The 40-year license was issued to the Tennessee Valley Authority (TVA) for the long-overdue Watts Bar Unit 2 reactor on Oct. 22. The Watts Bar plant is located about 10 miles […]

In a media briefing this morning on the Clean Power Plan, Janet McCabe, acting assistant administrator for the Environmental Protection Agency’s (EPA’s) Office of Air and Radiation made no announcement of major changes but did note that the final rule will be published in the Federal Register tomorrow, Friday, October 23. That publication starts the […]