Legal & Regulatory

Voters in Colorado and stakeholders in Minnesota forced through unique managed generation transformation plans that paved the way for aggressive state renewable and clean energy standards—inadvertently pushing their utilities out in front of proposed and now actual federal policies. As the power industry struggles with rising costs of adaptation, many beleaguered executives are anxiously focusing […]

South Africa’s energy minister Tina Joemat-Pettersson has pledged urgent resolution of the nation’s worsening power crisis. In her annual budget and policy speech in Cape Town on May 19, Joemat-Pettersson said the country was rushing to finalize its much-awaited Integrated Energy Plan, which, when approved by the Cabinet, will delineate South Africa’s future energy mix […]

The political impasse stalling investments in renewables in Australia was breached in mid-May after lawmakers reached an agreement to revise the renewable energy target (RET). After months of intense wrangling, the Coalition and Labor parties struck a deal to cut the RET to 33,000 GWh from the current 41,000 GWh. That figure is far more […]

For decades, renewable energy sources—primarily wind and solar—have been touted as the answer to continued reliance on fossil fuels. The technology has substantially improved, reducing unit costs, and state-imposed requirements have increased demand, enabling increased production to be sustainable. This expansion has come with the recognition that it also has environmental consequences. Wind farms threaten […]

In a 5–4 decision announced on June 29, the U.S. Supreme Court overturned the Environmental Protection Agency’s (EPA’s) rules limiting mercury and other hazardous air pollutants released from power plants. In April 2014, the U.S. Court of Appeals for the D.C. Circuit upheld the Mercury and Air Toxics Standards (MATS), ruling in a 2–1 decision […]

A bill that would halt the Clean Power Plan’s compliance deadlines until litigation on the rule has been completed has passed the U.S. House of Representatives with a 247–180 vote.  The Ratepayer Protection Act (H.R. 2042) now goes to the Senate, where the GOP is working on a similar measure to suspend the Environmental Protection […]

Several Arizona and New Mexico–based utilities will be required to install pollution controls at the coal-fired Four Corners Power Plant to curb sulfur dioxide (SO2) and nitrogen oxide (NOx) under a settlement reached with the Environmental Protection Agency and the Justice Department. The settlement involves the Arizona Public Service Co. (APS), the operator and primary […]

A new analysis from the Midcontinent Independent System Operator (MISO), the nation’s second-largest ISO, predicted that compliance with the Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP) could slash coal’s share of its generation from 59% in 2014 to potentially as low as 26% by 2030. The report came ahead of MISO’s planning advisory committee […]

With plans already approved for the closure of 12 of its coal ash basins, Duke Energy on June 23 recommended the full excavation of 12 additional basins located in North Carolina. The company proposed excavating five basins each at its Cape Fear Plant in Moncure and its H.F. Lee Plant in Goldsboro. Additionally, it recommended […]

As Congress works through its array of annual appropriations bills, Republicans opposed to the Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan (CPP) are moving forward with a variety of riders, amendments, and other bills that would stop the plan in its tracks, at least until the federal court system passes final judgment on its […]

The Environmental Protection Agency’s (EPA’s) first-ever national standards for the disposal of coal ash are ridden with complications, warned witnesses at a Senate oversight hearing.  The June 17 hearing before the full Committee on Environment and Public Works (EPW) featured five witnesses representing a coalition of state environmental agency leaders, the American Coal Ash Association, […]

Southern Co. announced on June 16 that construction has been completed on a new FLEX dome—a structure built to house emergency equipment needed to respond to an extreme external event—at its Vogtle nuclear plant. The Nuclear Regulatory Commission (NRC) is requiring U.S. nuclear plants to build protected structures like the FLEX dome in response to […]

The Environmental Protection Agency’s (EPA’s) proposed ozone rule came under scrutiny in two U.S. House of Representatives hearings held during the past week.  The House Committee on Energy and Commerce’s subcommittee on energy and power on June 12 heard testimony on the rule from Janet McCabe, the EPA’s acting assistant administrator for the Office of […]

The U.S. Environmental Protection Agency (EPA) on June 4 released a draft assessment of the potential impacts of hydraulic fracturing on the nation’s water supplies, concluding that there was no evidence of widespread impacts but conceding that data on the subject is limited. The assessment, conducted at the request of Congress, follows water used for […]

The D.C. Circuit rejected challenges to the Environmental Protection Agency’s (EPA’s) proposed carbon rules for existing power plants, ruling that it has no authority to review rules that aren’t yet final.  “Petitioners are champing at the bit to challenge EPA’s anticipated rule restricting carbon dioxide emissions from existing power plants. But EPA has not yet […]

Germany’s tax on nuclear fuel rods is not against European Union (EU) law, the bloc’s top court has ruled. The decision from the Luxembourg-based Court of Justice of the European Union on June 4 may be detrimental to utilities that own nuclear power plants, which have already paid about $5.67 billion in the levies that […]

In contrast to the bitter partisanship that has paralyzed Congress for the past few years—especially with respect to energy policy—the Obama administration’s first Quadrennial Energy Review (QER) received a mostly warm welcome from House GOP members, who echoed its concerns with the state of the nation’s energy infrastructure during a hearing on June 2. “Many […]

The Nuclear Regulatory Commission (NRC) will soon issue DTE Electric a combined license (COL) to build and operate an Economic Simplified Boiling Water Reactor (ESBWR) at its existing Fermi 2 site in Michigan.  The federal regulator announced on April 30 that it found the staff’s review adequate to make the necessary regulatory safety and environmental […]

The Obama administration’s first installment in the Quadrennial Energy Review (QER) drew a variety of responses in its first public hearing before the Senate Energy and Natural Resources Committee on April 28. Chairman Lisa A. Murkowski (R-Alaska) opened the hearing with a nod to the still-in-limbo Keystone XL pipeline. She noted that though the QER […]

What happens in Washington, D.C., seldom stays in Washington, D.C., so on April 21 at the 17th annual ELECTRIC POWER Conference & Exhibition, the Powder River Basin (PRB) Coal Users’ Group took a look at what is headed their way from the nation’s capital. The first item was, surprise, a success story, according to Rick […]

Four industry executives sometimes agreed, and sometimes disagreed, about the great unknowns concerning the Environmental Protection Agency’s Clean Power Plan during the Executive Roundtable at this year’s ELECTRIC POWER Conference & Exhibition.  What problems will the Obama administration’s upcoming Clean Power Plan (CPP) deliver to the executives who manage the companies that make the power? […]

With unprecedented changes and challenges facing the U.S. energy sector, the Department of Energy has spearheaded a comprehensive assessment of the nation’s energy policy. Released the same day as ELECTRIC POWER 2015 opened, the first installment of this review was highlighted in the conference’s keynote address. U.S. energy infrastructure needs not just substantial investment for […]

The Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP) is feasible in its ultimate goals, but getting there will take a lot of work and some rethinking of how the targets are achieved

The European Commission (EC) this April launched an extensive investigation into subsidies that 11 European governments provide to utilities to ensure future power reliability, saying it is concerned that the measures may distort competition. The sector inquiry into capacity mechanisms is the first under European Union (EU) state aid rules introduced in May 2012, which […]

The U.S. Environmental Protection Agency (EPA) issued a state implementation plan (SIP) call action to 36 states directing them to correct specific startup, shutdown, and malfunction provisions in their SIPs to ensure they are fully consistent with the Clean Air Act (CAA). The action comes in response to a petition for rulemaking filed by the […]

The Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan (CPP) will cut power CO2 emissions to levels not seen since the 1980s in addition to giving a big boost to renewables at the expense of coal, the Energy Information Administration (EIA) said this week. In its “Analysis of the Impacts of the Clean Power Plan” […]

“You can’t take a clean source of energy off the table.” That was the conclusion that a panel of four experts came to as they discussed the role that nuclear power should play in the battle to fight climate change. The panelists met on May 14 as part of the 62nd Annual Industry Conference and […]

A Canadian joint review panel issued an environmental assessment report on May 6 for a deep geologic repository (DGR) for long-term management of low- and intermediate-level radioactive waste (L&ILW), concluding that the project is “not likely to cause significant adverse environmental effects.” Ontario Power Generation (OPG) proposed the DGR, intending to locate the facility at […]

In the opening move of what is certain to be a long and contentious process, Sen. Lisa Murkowski (R-Alaska), chairman of the Senate Energy and Natural Resources (ENR) Committee, introduced a suite of bills covering a broad range of energy issues, from infrastructure to regulatory reform to civil enforcement. Along with several others introduced by […]

Attorneys general from three states—Oklahoma, Texas, and West Virginia—stepped forward on May 5 to present their objections to the Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan. During testimony before the Senate Environmental and Public Works Subcommittee on Clean Air and Nuclear Safety, West Virginia Attorney General Patrick Morrisey presented three specific problems he sees […]