Legal & Regulatory

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 […]

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 […]