Legal & Regulatory

A summary of POWER’s legal affairs conference on power industry regulations.

When it comes to a transition away from coal, TransAlta Corp. is playing political defense. The Canadian province of Alberta contains among the richest fossil energy resources in the world, including oil (and

The New York State Public Service Commission on January 21 approved a 10-year, $5 billion Clean Energy Fund that is expected to address climate change and strengthen resiliency in the face of extreme weather. It will also bolster Gov. Andrew Cuomo’s aggressive Clean Energy Standard, which calls for the state to meet 50% of its […]

Following the D.C. Circuit’s denial of motions for stay, 26 states have petitioned the U.S. Supreme Court to immediately block the Environmental Protection Agency’s (EPA’s) contentious Clean Power Plan from taking effect. The January 26 application, directed to Chief Justice John Roberts Jr., notes that the states filed petitions for review of the carbon rule […]

By a 6–2 vote, the U.S. Supreme Court on January 25 ruled that the Federal Energy Regulatory Commission (FERC) had authority under the Federal Power Act (FPA) to issue rules requiring equal market participation by demand response (DR) resources. FERC Order 745, issued in 2011, required the nation’s Independent System Operators (ISOs) and Regional Transmission […]

Congressional efforts to block the Environmental Protection Agency’s (EPA’s) contentious rule asserting federal authority over small bodies of water were derailed on Jan. 21. Senate Republicans voted 52–40, failing to override the president’s veto of the so-called “Clean Water Rule”—also “Waters of the United States” (or WOTUS) well short of the 60 necessary votes. Clean […]

A federal court has denied the motions for stay requested by 27 states and numerous industry groups to block the Clean Power Plan from taking effect. “Petitioners have not satisfied the stringent requirements for a stay pending court review,” the court said in its two-page order on January 21. The court also ordered that consideration of the […]

Entergy has asked a federal court to invalidate a November 6 New York state (NYS) objection to a certification needed for the 20-year license extension of its Indian Point nuclear facilities by the Nuclear Regulatory Commission (NRC). The state’s Department of State (DOS) claimed in its decision that Entergy’s twin nuclear reactors, which supply nearly 25% […]

In a voice vote on January 12, the Wisconsin Assembly passed AB 384, a bill that would repeal the statute currently preventing the state Public Service Commission (PSC) from authorizing construction of nuclear power plants in Wisconsin. Specifically, Wisconsin law states that construction of new facilities cannot commence until the PSC issues a “certificate of […]

The month-old agreements that seemed to provide a lifeline for an array of coal-fired and nuclear power plants in Ohio owned by American Electric Power (AEP) and FirstEnergy have come under attack by other generators who say they can meet the demand at a lower cost to state taxpayers. AEP reached an eight-year power-purchase agreement (PPA) […]

Advanced drones capable of carrying sophisticated imaging equipment and significant payloads pose a serious threat to nuclear power plants and other high-profile targets, says a report released on Jan. 11 by The Remote Control Project. Analysts for Open Briefing, a London-based civil society intelligence agency, compiled the report. The group reviewed 202 commercially available drones […]

State renewable portfolio standards (RPSs) provide around $7.4 billion in annual economic benefits and substantial reductions in water withdrawals and consumption, according to a new study from the Department of Energy’s Lawrence Berkeley National Laboratory and National Renewable Energy Laboratory released on Jan. 6. The study, “A Retrospective Analysis of the Benefits and Impacts of […]

Georgia Power (GP) announced on Jan. 4 that the owners of the expansion project at the Vogtle nuclear power plant (GP, Oglethorpe Power Corp., the Municipal Electric Authority of Georgia, and Dalton Utilities) have settled all pending litigation with the original project contractors, Westinghouse and CB&I. According to GP, the settlement resolves “all claims currently […]

A significant transformation of the global power mix is under way, noted the International Energy Agency (IEA) in its newly released World Energy Outlook (WEO-2015). Renewables are getting subsidized boosts

The U.S. Environmental Protection Agency (EPA) published the final version of the Obama administration’s Clean Power Plan (CPP) on Oct. 23, 2015, and within hours more than two dozen challenges were filed

In mid-November, current members of POWER’ s Generating Company Advisory Team responded by email to a set of questions about their concerns, challenges, and new initiatives as they plan for the year ahead

From issuance of the final Clean Power Plan to mammoth mergers, 2015 will be remembered as a tumultuous year. Twelve months ago, as folks were emerging from an eventful 2014, POWER made some bold predictions, including that fuel economics will drive 2015 U.S. power markets, and the labor crunch will complicate the gas turbine arms […]

POWER‘s monthly infographic sheds light on power sector trends globally, and in 2015, it highlighted changes in plant retirements, sector revenues, rule costs, workforce, emissions technologies, and electricity costs, among other subjects. January 2015: Baseload Retirements How coal plant retirements compare with retirements of other baseload generation sources. February 2015: Power Revenues How revenues for fossil power […]

Ghana’s Ministry of Power released a statement on Dec. 30 proclaiming the end of the country’s load-shedding program. The news may not be welcomed by all of the nation’s residents however, as many Ghanaians were reportedly looking forward to the power minister’s self-promised resignation, if load shedding had not been terminated by year end. Citi […]

Texas is the latest state to file suit against the Environmental Protection Agency (EPA) over its recently finalized standards for ozone. The state joins Arizona, Arkansas, Kentucky, New Mexico, North Dakota, Oklahoma, Utah, and Wisconsin, which have legally challenged the final version of the EPA’s National Ambient Air Quality Standards (NAAQS) for ozone since its […]

Portland General Electric (PGE) assumed engineering, procurement, and construction (EPC) responsibility for the Carty Generating Station on Dec. 18, following the original EPC contractor’s default on its construction agreement. Construction began on the Carty plant on Jan. 9, 2014. It is being built in Oregon next to PGE’s existing Boardman Plant, which is scheduled for […]

As expected, President Obama vetoed two resolutions on Dec. 18 that would have blocked the Environmental Protection Agency’s (EPA’s) rules on CO2 emissions and halted the administration’s Clean Power Plan. Senate Joint Res. 23 was Congress’ attempt to nullify the EPA’s greenhouse gas (GHG) emissions standards for new, modified, and reconstructed power plants, while Senate […]

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 […]