Legal & Regulatory

  • The State of U.S. Mercury Control in Response to MATS

    As this month marks the compliance date for the Mercury and Air Toxics Standards (MATS), it’s a good time to take a step back from the many months of concern and consideration of options to see how coal-fired power plants are actually responding to the new rule. It’s also a good time to acknowledge that […]

  • SolarCity Files Antitrust Suit Over SRP Rooftop Solar Fee

    Rooftop solar company SolarCity on Mar. 2 filed suit in federal court in Arizona seeking to overturn a new rate structure approved by the Salt River Project (SRP) that levies additional charges on customers with rooftop solar panels. On Feb. 26, the SRP board voted to approve a change in how it bills customers who […]

  • Illinois Mulls Low Carbon Portfolio Standard

    A bipartisan group of Illinois legislators have introduced bills that propose a market-based solution to curb carbon emissions and ensure continued operation of the state’s nuclear power plants. The bills SB 1585 and HB 3293 introduced in the state Senate and House would enact the Illinois Low Carbon Portfolio Standard. That measure, like a renewable […]

  • 10 Industry Leaders Comment on the Future of Energy, Electricity, and the Grid

    Here are selected thought-provoking (and even unexpected) comments made by presenters at the 10th annual MIT Energy Conference on Feb. 27 and 28 in Cambridge, Mass. Comments are summarized and paraphrased unless presented in quotes. For more on the event, see “Exelon: The Utility of the Future Views Change as Enabling, Not Disruptive” and the […]

  • FERC’s Work on the Clean Power Plan

    Cheryl A. LaFleur One of the most controversial issues facing the energy world today is how our electric sector will respond to the U.S. Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan

  • Cape Wind Finally Blows Out

    If ever there were a case of winning all the battles and losing the war, it would be the saga of the long-delayed-and-now-probably-dead Cape Wind offshore wind project in Massachusetts. As I wrote last year

  • Ohio Regulators Deny AEP’s Coal Plant Cost Recovery Plan

    The Public Utilities Commission of Ohio (PUCO) approved an electric security plan (ESP) for AEP Ohio—a unit of American Electric Power—on Feb. 25, but declined to adopt the company’s proposed power purchase agreement (PPA) as it relates to the Ohio Valley Electric Corp. (OVEC). The PPA rider was a point of contention with several groups […]

  • Duke Fined $102.2 Million for Mishandling Coal Ash

    Duke Energy has been charged by federal authorities with nine misdemeanor counts of violating the Clean Water Act and other federal regulations stemming from improper disposal of coal ash at multiple sites in North Carolina. Duke said in a statement on Feb. 20 that it had entered a plea agreement with federal prosecutors to settle […]

  • Ameren Comments on Suggested Revisions to the EPA’s Clean Power Plan

    Although there has been plenty of discussion in the U.S. power industry about the challenges posed by the Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan (CPP), Missouri-based Ameren Corp. is the first generating company to go public with a specific set of proposed revisions. On Feb. 11, Ameren released a white paper that proposed […]

  • Fixed Solar Fees Are Tesla’s Best Friend and a Utility Own Goal

    Two developments yesterday, one quiet, one rather loud, suggest the long-predicted existential threat to the traditional utility model may be at hand. The quiet news came from the California Independent System Operator (CAISO), which reported that utility-scale solar generation crossed the 5-GW mark for the first time yesterday. Between 10 a.m. and 2 p.m. PST, […]

  • Mississippi Supreme Court Strikes Down Kemper County IGCC Rate Increase

    In yet another black eye for the long-delayed and hugely over-budget Kemper County integrated gasification combined cycle plant (IGCC), the Mississippi Supreme Court ruled on Feb. 12 that the Mississippi Public Service Commission (MPSC) erred in granting plant owner Mississippi Power rate increases in 2013 and 2014, and ordered that the increases be refunded to […]

  • States Can “Just Say No” to the EPA’s Carbon Rule, Expert Says

    According to Peter S. Glaser, partner with Troutman Sanders LLP, who practices in the energy and environmental law fields, saying “no” is an option that states have in response to the Environmental Protection Agency’s (EPA’s) Clean Power Plan proposal. Speaking during a panel discussion at George Mason University’s Law and Economics Center on Feb. 4, […]

  • Activists Show Up in Droves for EPA Ozone Hearing

    The Byron Sher Auditorium in Sacramento, Calif., was filled at times with students, parents, and other concerned citizens as the Environmental Protection Agency (EPA) held the last of three public hearings on proposed updates to the national air quality standards for ground-level ozone on Feb. 2. The hearings were scheduled as part of the policymaking […]

  • World Faces Challenges in Meeting Access, Renewables Goals

    The world will fall short of the goal of providing universal sustainable electricity access by 2030 set by the United Nations and World Bank without “immediate concerted action” by governments, industry, and the international community, according to a survey of utilities around the world conducted by the Global Electricity Initiative (GEI). The GEI is a […]

  • Australia’s Renewables Impasse Weighs Heavily on Generators

    The long-drawn-out political impasse on Australia’s review of its Renewable Energy Target (RET) has generators reeling from what they say are “constant policy changes and distortions from successive interference by governments.” Australia’s RET, which has been in operation since 2001, was increased in 2010 to require that about 20% of the nation’s then-projected demand in […]

  • Removing Regulatory Roadblocks for PEVs

    One oft-cited roadblock to widespread adoption of plug-in electric vehicles (PEV) is a lack of charging infrastructure, commonly referred to as electric vehicle supply equipment (EVSE), or charging stations. While Tesla is well known for designing electric vehicles that can travel more than 250 miles on a single charge, most PEVs can only travel 60 […]

  • Best Practices for Aligning Safety Metrics, Incentives, and Performance

    The Occupational Safety and Health Administration requires certain incidents to be recorded and reported, which generates a set of statistics that many companies use to gauge safety performance. However, other metrics may be better predictors. The Occupational Safety and Health Administration (OSHA) requires all employers with more than 10 employees, and whose establishments are not […]

  • NRC Completes Yucca Mountain Safety Evaluation Report

    More than six and a half years after the Department of Energy (DOE) submitted its license application seeking authorization to build a geologic repository, Nuclear Regulatory Commission (NRC) staff published the final two volumes of the safety evaluation report (SER) on the Yucca Mountain site. Released on Jan. 29, Volume 2 covers repository safety before […]

  • West Virginia Moves to Repeal Alternative Energy Mandate [Corrected]

    In a dramatic move that passed the state Legislature with little debate and almost no opposition, West Virginia lawmakers on Jan. 22 voted to repeal the state’s 2009 alternative energy standard, which requires utilities to get 25% of their power from alternative sources by 2025. The repeal bill passed the state Senate unanimously and the […]

  • New NRC Chairman Identifies Priorities and Challenges

    Answering questions in a video produced by the Nuclear Regulatory Commission (NRC), new chairman Stephen G. Burns says safety and security are the top priorities for the agency, but that being agile and nimble when things change is also important. Burns said one of the biggest challenges confronting the agency is the level of resources […]

  • U.S. Electric Utility Toxic Releases Decrease 49% During the Past Decade

    On Jan. 14, the Environmental Protection Agency (EPA) published its Toxics Release Inventory (TRI) report for 2013 showing that electric utilities have cut toxic releases to the environment 49% since 2003. The drop was driven by a 73% decline in on-site toxic air releases as a result of a decrease in hazardous air pollutants (HAP) […]

  • U.S. Will Seek to Cut Upstream Methane Emissions Up to 45% by 2025

    The Obama administration announced on Jan. 14 that the Environmental Protection Agency (EPA) will propose new regulations to cut emissions of methane from the oil and gas industry, as well as other measures, with a goal of reducing total U.S. methane emissions 40% to 45% by 2025. The proposed rule is expected this summer. Emissions […]

  • U.S. Faces Wave of Premature Nuclear Retirements

    The nuclear renaissance has turned into a nuclear retirement party. As recently as 2012, the U.S. had 104 operating nuclear reactors. With the retirement of Entergy’s Vermont Yankee plant at the end of December, that number has now fallen under 100 for the first time since the 1970s.  Yet as rapid as that pullback has […]

  • California Governor Wants to Raise State’s RPS Target to 50%

    With California already on track to meet its goal of getting 33% of its electricity from renewable sources by 2020, Gov. Jerry Brown announced on Jan. 5 that he would seek to raise the renewables portfolio standard (RPS) target to 50% by 2030. In his inaugural speech opening his fourth term (he previously served from […]

  • EPA Delays Final Carbon Rules for New Power Plants

    The U.S. Environmental Protection Agency (EPA) said today that a delay in issuing final rules affecting carbon dioxide emissions from new power plants, which were due this week, will help the agency release a set of more coordinated rules covering new, existing, and modified plants. The carbon dioxide rule for new plants—issued under Section 111(b) […]

  • Mexico’s Electricity Sector Reform in Perspective

    Much has been made recently of Mexico’s energy sector reforms, and because those reforms are still in being implemented, it can be useful to compare their progress with the outcome of previous reforms in Latin America. (A condensed version of this material appears in the January 2015 print issue of POWER: “Can Mexico’s Electricity Reform […]

  • Pacific Northwest Moving Ahead with Climate Change Policy?

    Oregon and Washington State are examining new policies to regulate greenhouse gas emissions. We expect to see extension of Oregon’s Clean Fuels Program at the top of the 2015 legislative agenda and

  • Small Hydropower Advances and Challenges in China

    In China, small hydropower (SHP) development not only provides power, especially to rural areas, but it also plays an important role in developing local economies and human capacity building. Regions, rather

  • How U.S. Power Generators Are Preparing for 2015

    In mid-November, members of the POWER Generating Company Advisory Team responded via email to the following set of questions. Their comments have been edited for style. POWER: What changes in your fleet’s

  • Reducing Weather-Related Risks in Renewable Generation

    The Black Oak Wind Farm project is an 11.9-MW wind facility under development in Tompkins County, N.Y., a few miles west of Ithaca. For the most part, Black Oak is unremarkable—the community-owned facility