Legal & Regulatory

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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 […]

Warren Buffett bought Nevada’s NV Energy two years ago, a move widely seen as a play for solar and renewable generation. That’s working out. But as the company transitions away from legacy coal and high-priced renewable contracts signed years ago, large customers are rebelling, and the company faces a challenge to keep its big dog […]

On June 29, much of the power sector rejoiced when the U.S. Supreme Court struck down the Environmental Protection Agency’s (EPA’s) Mercury and Air Toxics Standards (MATS) rule, finding that the EPA had

Though most power generators and states might have preferred to not deal at all with a new rule regulating greenhouse gas emissions, the final Clean Power Plan (CPP), released August 3, gives most of the power

A federal judge on Thursday halted implementation of the Clean Water Rule that is controversial for its broad definition of “Waters of the U.S.” one day before it was to go into effect, saying it was likely that the Environmental Protection Agency (EPA) overstepped its authority when it promulgated the “exceptionally expansive” rule.  Judge Ralph […]

An official four-year-long investigation into the Solyndra debacle confirms that the bankrupt maker of cylindrical solar photovoltaic panels misled the Department of Energy (DOE) to get a $535 million federal loan guarantee, but it also reveals that the DOE didn’t properly vet those facts, missing opportunities to catch inaccuracies, possibly due to political pressure. The […]

The final hurdle for Exelon Corp.’s purchase of Pepco Holdings Inc. (PHI) became the ultimate stumbling block, as the Public Service Commission of the District of Columbia (DCPSC) could not be persuaded that the merger was in the public interest. The DCPSC—an independent agency established by Congress to regulate electric, natural gas, and telecommunications companies […]

Making good on earlier warnings, ScottishPower said on Aug. 18 that it has no choice but to retire the 2,400-MW Longannet power plant in March 2016 because high transmission charges and carbon taxes make fossil generation uneconomic in Scotland. As with generators in the U.S., coal plants in the UK have been challenged by an […]

The attorneys general of 17 states are suing the Environmental Protection Agency (EPA) for invalidating agency-approved state implementation plans (SIPs) governing emissions from power plant startup, shutdown, and malfunction (SSM) operations. The states have asked a federal court to review the EPA’s June-issued final rule, which deems SIP provisions concerning SSM operations in 36 states […]

The Environmental Protection Agency (EPA) will issue revised Mercury and Air Toxics Standards (MATS) and legally required cost-benefit analyses by April 15, 2016, court documents show. In an Aug. 10 motion filed with the D.C. Circuit for White Stallion Energy Center v. EPA (12-1100), the EPA said it intends to seek remand without vacatur (which […]

On August 3, 2015, the Environmental Protection Agency (EPA) released a much-anticipated suite of regulations, featuring the final Clean Power Plan’s guidelines for carbon dioxide (CO2) emissions from existing power plants under Clean Air Act section 111(d). This package has sparked great interest, and early reactions run the gamut from enthusiastic support to entrenched opposition. […]

Though most power generators and states might have preferred to not deal at all with a new rule regulating greenhouse gas emissions, the final Clean Power Plan (CPP), released August 3, gives most of the power industry most of what it asked for in terms of revisions to the 2014 proposed plan. In any regulatory […]