Legal & Regulatory

The Federal Energy Regulatory Commission (FERC) serves as the gatekeeper to wholesale power markets in interstate commerce. The process to obtain and retain authority to sell into these markets at market-based rates (MBR) can be onerous. Any failure to fully comply with FERC’s regulations could result in participation restrictions and civil penalties of up to […]

China has been battling—and losing—a “war” on air pollution for years. Stepping up its efforts, the country recently issued new policy measures, tougher even than those in the U.S. and European Union, that could have big implications for its coal power sector.  Reports that heavy smog has blanketed large swathes of China’s provinces have become […]

William D. Magwood, IV, formerly head of the U.S. Department of Energy’s Office of Nuclear Energy and commissioner at the U.S. Nuclear Regulatory Commission and current director-general of the Organisation for Economic Co-operation and Development (OECD) Nuclear Energy Agency (NEA), spoke with POWER Editor Gail Reitenbach on October 16 at the World Nuclear Exhibition outside […]

The U.S. Environmental Protection Agency (EPA) has released a notice of data availability (NODA)—making additional information and ideas available for public comment—and it has also proposed carbon goals for areas in Indian Country and U.S. territories. Janet McCabe, acting assistant administrator for the EPA’s Office of Air and Radiation, explained the two actions related to […]

The Nuclear Regulatory Commission’s (NRC’s) final rule governing long-term spent nuclear fuel storage onsite at U.S. power plants is illegal and should be overturned, the attorneys general of New York, Connecticut, and Vermont claim in a legal challenge filed on Monday.   In a petition filed with the U.S. Court of Appeals for the D.C. […]

The U.S. Court of Appeals for the District of Columbia Circuit ruled on Oct. 23 that the EPA can move forward with implementation of the Cross-State Air Pollution Rule (CSAPR) following the April ruling from the Supreme Court upholding most of the rule. The D.C. Circuit had previously voided the rule in December 2011, but […]

Meeting in Brussels, Belgium, Oct. 23–24, the European Council (EC) agreed on the 2030 climate and energy policy framework for the European Union (EU), calling on all countries to come forward with ambitious targets and policies. The EC endorsed a binding EU target of at least a 40% reduction in domestic greenhouse gas emissions by […]

Republicans on the Senate Environment and Public Works (EPW) Committee released emails between top officials at the U.S. Environmental Protection Agency (EPA) and the Natural Resources Defense Council (NRDC), which they say demonstrate a “very close working relationship” between the two organizations. The emails are associated with the development of the EPA’s proposed carbon rule, […]

The U.S. Supreme Court on Monday declined to take up industry’s challenge to a federal court ruling that upheld the Bush administration’s air quality standard for ozone.  The high court’s denial leaves intact the D.C. Circuit’s July 2013 decision upholding the Environmental Protection Agency’s (EPA’s) last revision of its National Ambient Air Quality Standards (NAAQS) […]

The first full-scale commercial post-combustion carbon capture and sequestration (CCS) project at an operating coal-fired power plant is now online in Estevan, Saskatchewan, roughly 10 miles north of the U.S. border. The heart of the $1.4 billion project at Boundary Dam Power Station is the rebuilt 110-MW Unit 3, originally commissioned in 1970. The project, […]

After more than a year of deliberation, the Federal Energy Regulatory Commission (FERC) approved Dominion’s proposal to construct and operate liquefaction and export facilities at its existing Cove Point liquefied natural gas (LNG) import terminal located in Lusby, Md. The proposed export facility will be contained within the existing footprint of the 131-acre import terminal […]

The U.S. power sector has seen a number of developments on the regulatory front in recent months. Here’s where major federal rules stand today. (For a more dynamic and graphic version of this article, see http://powermag.com/long-form-stories/bw-power/ .) GHG Rules New Power Plants. The Environmental Protection Agency (EPA) in September 2013 revised a 2012 proposal to […]

Unbundled Renewable Energy Credits and the Benefits of Standardization Unbundled renewable energy credits and certificates (RECs) separate the renewable, or green, component of energy from the actual

Three top vice presidents with Pacific Gas & Electric (PG&E) and the chief of staff of California Public Utilities Commission (CPUC) President Michael Peevey were all fired Sept. 15 over improper communications between the company and the CPUC. Though the emails concerned a pending Gas Transmission and Storage rate case, the dispute has become tied […]

Affirmative defense provisions can no longer insulate generators from monetary penalties for Clean Air Act violations that result from facility startup, shutdown, and equipment malfunction, the Environmental Protection Agency (EPA) has proposed.  In a supplemental notice of proposed rulemaking (SNPR) published on Sept. 17 in the Federal Register, the agency proposes to revise its February […]

Consumers Energy—Michigan’s largest utility—reached an agreement with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice that will result in more than $2 billion being spent on upgrades at its power plants and the closure of seven coal-fired units, according to the company. The settlement resolves claims that Consumers Energy violated the […]

Power companies will retire more coal-fired generating capacity and retrofit much fewer units with environmental controls than estimated just two years ago, the Government Accountability Office (GAO) reveals in a new report. The report released on Tuesday finds that in response to shifting market conditions and four Environmental Protection Agency (EPA) rules (not including the […]

The Environmental Protection Agency (EPA) has extended the public comment period for its proposed rule to limit carbon dioxide emissions from existing power plants by 45 days. Janet McCabe, acting assistant administrator for the EPA’s Office of Air and Radiation, today told reporters in a press call that the EPA’s comment period for its Clean […]

The U.S. Nuclear Regulatory Commission (NRC) on Sept. 16 issued design certification for GE Hitachi’s Economic Simplified Boiling Water Reactor (ESBWR), the company announced. The ESBWR is a Gen-III+ advanced boiling water reactor (BWR) that employs true passive safety systems and a simplified design utilizing natural circulation. These attributes allow the reactor to cool itself […]

Regulators from six states shared starkly different views on the Environmental Protection Agency’s (EPA’s) proposed carbon rules for existing power plants at a House hearing on Tuesday. Some state-level officials said the EPA’s overall emission targets and suggested means to achieve them are based on unworkable and unrealistic assumptions about how state and regional power […]

They call themselves “Fractivists.” Environmental and community activists fearful of relatively new natural gas and oil drilling technologies that have transformed the U.S. energy economy have launched a high-profile, highly hyped campaign to shut down new natural gas production. But their prospects of success look dodgy. Ground Zero in the debate over fracking—shorthand for the […]

The Environmental Protection Agency (EPA) on Tuesday granted the nation’s first four Class VI underground injection permits for carbon sequestration to the federally backed FutureGen 2.0 carbon-capture-and-storage (CCS) project.  The Department of Energy formally committed $1 billion to the $1.68 billion project being developed by the FutureGen Industrial Alliance, a coalition of coal producers, users, […]

Revised national ambient air quality standards (NAAQS) for ozone that are expected from the Environmental Protection Agency (EPA) this December will likely be stricter.  Agency staff from the Office of Air Quality Planning and Standards in a 597-page final policy assessment released on Aug. 29 recommend revising the standard to within a range of 60 […]

Nearly four years to the day after eight people were killed in a natural gas pipeline explosion in San Bruno, two judges of the California Public Utilities Commission (CPUC) ruled on Sept. 2 that Pacific Gas & Electric (PG&E) must pay a record $1.4 billion in fines and penalties for its role in the disaster. […]

At the graveyard wherein resides the “nuclear renaissance” of the 2000s, a new occupant appears to be moving in: the small modular reactor (SMR). This is a statement that might have appeared nonsensical even a year ago. SMRs looked to be the Next Big Thing in nuclear, a way to circumvent the biggest obstacle to […]

Australia in July became the first nation to abolish a price on carbon, after the Senate passed the Abbott government’s repeal bills by a vote of 39–32. Yet the country’s carbon conundrum continues because Prime Minister Tony Abbott must still get his Direct Action Plan, a proposed replacement for the country’s emissions trading scheme, to […]

Calpine Corp. has its hands in two deals with large power companies—selling a plant to Duke Energy in Florida while buying a plant from Exelon Corp. in Massachusetts. On Aug. 25, Calpine announced that it has agreed to buy Exelon’s 809-MW Fore River Generating Station, which is located about 12 miles southeast of Boston, for […]

Geographically and politically, Texas and Germany are on opposite sides of the world, but both believe strongly in competitive energy markets, and both have largely deregulated their power industries. Now both are reconsidering their market designs. Its easy to think that Germany and Texas could not be more different. One is northern, cold, and Old […]

North Carolina’s Legislature last week became the first in the nation to approve a sweeping coal ash bill, but the state’s governor isn’t fully endorsing it.  Both the House and the Senate on Aug. 20 approved the Coal Ash Management Act (S.B. 729), a measure that became an urgent legislative priority after Duke Energy’s February […]

Strategies for compliance with the Mercury and Air Toxics Standards led the list of topics covered during the Power Plant Pollutant Control “MEGA” Symposium held Aug. 19–21, in Baltimore, Md., but carbon dioxide (CO2) control solutions and sessions dealing with water problems weren’t far behind. The conference—hosted by the U.S. Department of Energy, the Electric […]