Legal & Regulatory

  • Electricity Sector Problems and Opportunities Posed by Legalized Marijuana

    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 to Seek New License Extension For Surry Nuclear Plant

      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 […]

  • Regulators and Emissions Trading Experts Tackle Intricacies of Clean Power Plan Multi-State Solutions

    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 […]

  • EPA’s Gina McCarthy Responds to Regulators’ Clean Power Plan Questions

    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. […]

  • Regulators, System Operators, and Utilities Consider Reliability, Renewables, and EPA Regulations

    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 […]

  • House Energy Subcommittee Resolves to Bar EPA Carbon Rules

    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 […]

  • FERC’s Enforcement Priorities After 10 Years Under the EPAct

    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 […]

  • Information-Sharing Cybersecurity Bill Clears Senate, On Track to Be Enacted

    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 […]

  • Seminole G&T Challenges Clean Power Plan in Federal Court

    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 […]

  • The Solar PV Economics Conundrum

    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 […]

  • NRC Issues Watts Bar 2 Nuclear Power Plant Operating License

    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 […]

  • Clean Power Plan in Federal Register Oct. 23, Clock Starts Ticking

    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 […]

  • DOE Finalizes $1B New Loan Guarantee Authority for Fossil Fuel, Renewables, and Energy Efficiency Projects

    The Department of Energy’s (DOE’s) authority to issue loan guarantees officially received a $1 billion boost, which will be split between its Advanced Fossil Energy Projects solicitation and Renewable Energy and Efficient Energy Projects solicitation.  The agency has finalized the additional loan guarantee authority that President Obama announced in August. It means that more loan […]

  • New Wave of Coal Retirements Coming, ERCOT Warns

    The Clean Power Plan could force the retirement of up to 4 GW of coal-fired capacity in the region served by the Electric Reliability Council of Texas (ERCOT) starting as soon as 2022, an updated analysis suggests.  The independent system operator that manages about 90% of Texas’ electric load acknowledged that fewer coal units are […]

  • Federal Court Stays WOTUS Rule

    A federal court last week granted a motion barring the U.S. Army Corps of Engineers and Environmental Protection Agency (EPA) from enforcing the Clean Water Rule, which critics say is “exceptionally expansive.” A three-judge panel at the U.S. Court of Appeals for the Sixth Circuit on Oct. 9 granted the stay sought by 31 states […]

  • Entergy to Permanently Close Troubled Pilgrim Nuclear Plant

    Entergy Corp. will permanently close its 680-MW Pilgrim nuclear power plant in Plymouth, Mass., by June 2019, owing to poor market conditions, reduced revenues, and increased operational costs, the company said today.  The New Orleans–based company said it has notified grid operator ISO-New England (ISO-NE) that the reactor that began operations in 1972 would not […]

  • Moeller To Step Down By October-End

    Philip Moeller, a Bush-nominated commissioner at the Federal Energy Regulatory Commission (FERC) and outspoken critic of the Environmental Protection Agency’s (EPA’s) Clean Power Plan for its cost and reliability implications, will step down at the end of this month.  Moeller, a Republican, joined FERC in 2006, nominated by President George W. Bush. Obama re-nominated him […]

  • Coal-Dependent India Announces Lofty, Costly Climate Action Goals

    India and 73 other countries submitted their carbon emission reduction targets for 2025 and 2030—or Intended Nationally Determined Contributions (INDCs)—ahead of the deadline last week, with just two months remaining until talks to confront climate change are due to begin in Paris.  The United Nations (UN) has so far received 120 separate pledges covering 147 […]

  • Behind-the-Meter Batteries Can Provide the Greatest Value, Study Says

    Battery energy storage has exploded in deployment over the past several years, but the majority of it by capacity, especially in North America, is deployed at grid scale. That may be a problem, because a new study from the Rocky Mountain Institute (RMI) suggests the greatest value to the system lies with behind-the-meter batteries—distributing battery […]

  • EPA Issues Final NAAQS Ozone Rule at 70 ppb [UPDATED]

    The Environmental Protection Agency (EPA) on Oct. 1 released the final version of new National Ambient Air Quality Standards (NAAQS) for ozone, cutting the current limit of 75 ppb to 70 ppb. The move sets the stage for a battle with Congress, the states, and a range of industries that have warned the new ozone […]

  • Europeans Praise the Clean Power Plan While Yawning in Reaction

    By now, power industry watchers are familiar with how U.S. interests are reacting to the Environmental Protection Agency’s final release on August 3 of the Clean Power Plan. But what about the rest of the world—especially Europe, which has long been seen as taking a stronger stand on greenhouse gas emissions? Some key European officials […]

  • Power Industry Policy Flip-Flops

    When I started working in the energy industry in 1999, I had a conversation one day with Adam, a researcher who was writing a report for utilities that were marketing “green energy” programs. At the time, customers’ ability to purchase solar- or wind-generated electrons was limited to fewer utilities, and those companies were looking for […]

  • California’s Bold Move Toward Default Time-of-Use Rates

    Rate design is sexy again. On July 3, 2015, the California Public Utilities Commission (CPUC) issued its long-awaited decision altering California’s residential rate structure. Most of the focus on the CPUC’s decision has understandably been on the move from a four-tiered to a two-tiered rate structure and the introduction of a Super-User Electric Surcharge for […]

  • EPA Finalizes Steam Electric Power Plant Effluent Guidelines

    The Environmental Protection Agency (EPA) has finalized revisions to technology-based effluent limitations guidelines and standards, setting the first federal limits on the levels of toxic metals in wastewater discharges from steam electric power plants.  The new rule sets stringent new requirements for the discharge of arsenic, mercury, selenium, and nitrogen in wastewater streams from flue […]

  • Senators Cite Conflicting Polls and Studies During Environmental Hearing

    An old saying often attributed to Mark Twain is, “Figures don’t lie, but liars figure.” Listening to the conflicting information presented by a variety of senators during a hearing on Capitol Hill Sept. 29, one has to wonder if Twain was covering a Senate hearing when he penned the phrase. The only witness at the […]

  • Duke Energy Settles with Groups Over Edwardsport Operating Costs

    Duke Energy Indiana reached a settlement agreement with some of the state’s key consumer groups related to operating costs at its Edwardsport integrated gasification combined cycle (IGCC) coal power plant. The deal was submitted to state regulators on Sept. 18 and is subject to Indiana Utility Regulatory Commission (IURC) approval. If approved, it would resolve […]

  • “Keep It Going!” Biden Tells Solar Industry

    Speaking at the Solar Power International (SPI) conference in Anaheim, Calif., on Sept. 16, U.S. Vice President Joe Biden hailed the nation’s progress in expanding its solar generation capacity and announced several new investments in solar power technology as part of the Department of Energy’s (DOE’s) Sunshot Initiative. In an enthusiastic and animated address to […]

  • Emergency Stay of EPA’s Clean Power Plan Denied by Federal Court

    The U.S. Court of Appeals for the D.C. Circuit on Wednesday rejected a request by 15 U.S. states to stay the Environmental Protection Agency’s (EPA’s) Clean Power Plan. In a one-page order, the three-judge panel dismissed the request filed on Aug. 13 by a coal company and the coalition of states led by West Virginia’s […]

  • Pilgrim’s Woes Continue as NRC Increases Oversight

    The Nuclear Regulatory Commission (NRC) said on Sept. 2 that it was increasing its oversight of the Pilgrim Nuclear Power Plant as a result of an inspection finding stemming from an unplanned shutdown in January. The action moves the plant into the Repetitive Degraded Cornerstone Column, indicating multiple problems in meeting one of the NRC’s […]