Legal & Regulatory

  • NV Energy: Warren Buffett’s Plan for a Structural Power Shift

    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 […]

  • Get Ready for MATS 2.0

    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

  • Power Industry Wins with Final Clean Power Plan

    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

  • Federal Judge Thwarts Implementation of “Expansive” EPA Final Waters of U.S. Rule

    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 […]

  • OIG: Solyndra Misled DOE to Get Solar Loan Guarantees

    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 […]

  • D.C. Public Service Commission Denies Exelon-Pepco Merger

    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 […]

  • Longannet, UK’s Second-Largest Coal Plant, to Close

    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 […]

  • Seventeen States Sue EPA for Mandating SIP Startup, Shutdown, Malfunction Changes

    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 […]

  • Committed to “Ambitious Schedule,” EPA Wants to Reissue MATS Rule by April 2016

    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 […]

  • The Clean Power Plan Is Final: Time to Find the Candles?

    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. […]

  • Power Industry Wins with Final Clean Power Plan

    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 […]

  • Ameren Scraps Planned Missouri Nuclear Unit, Cites Falling Renewable Costs

    Ameren Missouri has dropped plans to build a second nuclear unit at its Callaway Energy Center, citing shaky economics in the context of cheaper renewables, low demand, and other factors for its decision. “While we continue to believe nuclear power must be an important clean energy source for our company and country, as evidenced by […]

  • Reactions to Clean Power Plan: From Excitement to Anger

    Reaction from utilities, environmental groups, and governmental leaders following the August 3 release of the Environmental Protection Agency’s (EPA’s) final Clean Power Plan rule was mixed. Some, such as Duke Energy CEO Lynn Good, pointed to the progress that has already been made in recent years to reduce carbon dioxide (CO2) emissions, noting that the […]

  • [UPDATED] EPA Issues More Ambitious But Flexible Final Clean Power Plan

    Editor’s note (Aug. 3): Adds compliance cost details, key changes The Environmental Protection Agency’s (EPA’s) final Clean Power Plan will seek to tamp down the nation’s carbon dioxide (CO2) emissions from the power sector by 32% from 2005 levels by 2030—about 9% more ambitious than its original proposal. The first-ever final national standards to limit […]

  • SaskPower’s Boundary Dam Carbon Capture Project Wins POWER’s Highest Award

    Courtesy: SaskPower There was no debate among our editorial team when it came to selecting the most interesting and worthy project worldwide for this year’s top award. Boundary Dam Power Station Unit 3 is the world’s first operating coal-fired power plant to implement a full-scale post-combustion carbon capture and storage system. It did so more […]

  • Colorado Energy Nations Boiler 5 Upgrade Project

    Courtesy: Colorado Energy Nations, GDF SUEZ Energy NA, and Behrent Engineering POWER’s 2015 Reinvention Award (formerly known as the Marmaduke Award) goes to an industrial cogeneration plant that reinvented its largest unit for greater fuel and operating flexibility. This project is exemplary for the owner’s foresight, maximizing local engineering resources, a stellar safety record, and […]

  • Ex-Im Bank Reauthorization Stalled, Even as House Prepares to Adjourn

    Though the U.S. Senate voted 64–29 this week to renew the charter of the Export-Import Bank of the United States (Ex-Im), the House may adjourn for its summer break without taking action on the issue.  Congress let the Ex-Im bank’s charter lapse for the first time in its 81 years of continuous operation on June […]

  • Power Sector Braces for Final Clean Power Plan Rule

    With the Environmental Protection Agency (EPA) expected to issue its final rule on power plant greenhouse gas emissions under the administration’s Clean Power Plan (CPP) early next week, reports strongly suggest the revisions will extend compliance deadlines in response to power sector complaints about a too-aggressive schedule in the proposed rule. A July 28 report […]

  • Hawaiian Electric, NextEra Merger Faces MajorTroubles

    NextEra Energy’s $4.3 billion bid to buy Hawaiian Electric Industries faces big, perhaps insurmountable, obstacles before the Hawaii Public Utilities Commission, which opened the record on the deal last week. The commission published the public filings in the case, which were overwhelmingly negative. Hawaii’s governor, David Ige, panned the deal in a press conference on […]

  • Coal Ash Bill Clears U.S. House

    The U.S. House of Representatives on July 23 passed by a 258–166 vote a coal ash bill that industry and states say is much-needed, but which the White House has threatened to veto.  The Improving Coal Combustion Residuals Regulation Act of 2015 (H.R. 1734) sponsored by Rep. David McKinley (R-W.Va.) seeks to implement standards finalized […]

  • Expert: 90% of U.S. Population Could Die if a Pulse Event Hits the Power Grid

    When a large electromagnetic pulse (EMP) or geomagnetic disturbance (GMD) event occurs—which, according to Sen. Ron Johnson (R-Wis.), there is “100% certainty” will happen at some time in the future—as many as 9 out of 10 people in the U.S. could die. Johnson, chairman of the U.S. Senate Committee on Homeland Security & Governmental Affairs, […]

  • Talen Energy Sinks Its Talons into Three Power Plants, 2.5 GW of Capacity

    Talen Energy Corp. announced on July 20 that it has agreed to acquire MACH Gen LLC, which owns three combined cycle, natural gas–fired power plants with more than 2.5 GW of total capacity for $1.175 billion. Talen Energy was formed on June 1 when PPL Corp. spun off its PPL Energy Supply business and combined […]

  • New Coal Ash Bill Unveiled in the Senate

    Senators John Hoeven (R-N.D.) and Joe Manchin (D-W.Va.) have introduced a much-awaited coal ash bill in the Senate that they say will provide more certainty than will the Environmental Protection Agency’s (EPA’s) final rule alone. The bill introduced on July 17 is companion legislation to a measure introduced by Reps. John Shimkus (R-Ill.) and David […]

  • McCarthy: Supreme Court Decision on MATS Won’t Affect the Clean Power Plan Rule

    Environmental Protection Agency (EPA) Administrator Gina McCarthy remains firm in her resolve to create a landmark rule to reduce carbon emissions from power plants later this year. Speaking at the St. Regis Hotel in Washington, D.C., during an event sponsored by AREVA and hosted by The Christian Science Monitor, McCarthy said, “Last week’s ruling will […]

  • Regulator Orders Mississippi Power to Issue Kemper IGCC Rebates

    Mississippi Power must rebate $281 million in funds collected since 2013 for rate increases related to the lignite-fired power plant under construction in Kemper County, the Mississippi Public Service Commission (MPSC) ordered on Tuesday.  The state regulatory body also ordered the company and its parent company Southern Co. to stop collecting Kemper’s rate on customer […]

  • Germany Moves to Idle Coal Plants, Set up “Capacity Reserve”

    Five of Germany’s largest lignite power plants will be mothballed to allow the country that is already phasing out nuclear power to meet ambitious climate goals by 2020.  In what it called a “milestone decision,” the government on July 2 agreed to scrap plans to impose a controversial—and by some accounts, illegal—climate tax for conventional […]

  • States Sue EPA, Army Corps Over Final Waters of U.S. Rule with Reach Over Power Plants

    Thirteen states are suing the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over the recently finalized Clean Water Rule, which they say illegally puts the federal government in charge of a majority of water and land resources in the U.S.  North Dakota, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, […]

  • Wind Is Mainstream, and Other Insights from WINDPOWER 2015

    Wind is no longer a niche alternative energy industry, American Wind Energy Association (AWEA) CEO Tom Kiernan told attendees at WINDPOWER 2015.  Despite policy hurdles, the wind sector has seen exponential growth and formidable cost reductions; it has the government’s endorsement for a low-carbon future; and it’s making up an ever-larger share of the nation’s […]