Legal & Regulatory

  • FERC Proposes to Approve NERC Physical Security Standards with Modifications

    A standard to enhance physical security at critical power system facilities submitted by the North American Electric Reliability Corp. (NERC) will need modifications before it can be approved, the Federal Energy Regulatory Commission (FERC) said last week.  FERC ordered NERC on March 7 to develop and submitnew reliability standards requiring owners and operators of the […]

  • Ginna Fights to Avoid Being Next Nuclear Plant Shuttered

    Constellation Energy Nuclear Group (CENG)—a joint venture between Exelon Corp. and EDF Group—filed a petition on July 11 with the New York State Public Service Commission (NYPSC) in an effort to keep the R.E. Ginna Nuclear Power Plant in Ontario, N.Y., operating. Ginna—a 581-MW single-unit pressurized water reactor located along the south shore of Lake […]

  • Construction Begins on World’s Largest Carbon Capture Retrofit

    The Department of Energy (DOE), NRG Energy Inc., and JX Nippon Oil & Gas Exploration Corp. announced on July 15 that construction has begun on the first commercial-scale post-combustion carbon capture retrofit project on an existing coal-fired power plant in the U.S. The Petra Nova Carbon Capture Project is expected to capture 90% of the […]

  • White House Threatens Veto of $34B House Energy Spending Bill

    The White House on Wednesday threatened to veto a proposed $34 billion House bill setting FY 2015 spending for the Department of Energy (DOE), the Department of Interior, and the Army Corps of Engineers, saying it “significantly underfunds” investments to develop clean energy technologies.  The 2015 Energy and Water Development and Related Agencies Appropriations Act (H.R. […]

  • WTO Members Begin Talks to Eliminate Wind, Solar Trade Tariffs

    Fourteen members of the World Trade Organization (WTO)—including the U.S., China, the European Union (EU), and Japan—on Tuesday launched negotiations to eliminate tariffs or custom duties on wind turbines, solar products, and other environmental goods.  The first phase of negotiations between the 14 WTO members, which make up 86% of the global environmental goods trade, […]

  • Nest Thermostats: The Future of Demand Response Programs?

    Sure, the Nest Learning Thermostat is smart, user-friendly, and downright sexy, but at $249, it’s more a luxury item than a mass-market appliance. Indeed, Nest thermostats are highlighted in upscale real estate listings alongside marble countertops and stainless steel appliances. Although Nest has done well since its debut in 2011, with almost a million units […]

  • Biomass Exemption Sails into the Sunset

    With quickly approaching deadlines for achieving renewable portfolio standard goals, the likely lapse of a critical exemption this month may increase the challenges for meeting those mandates. Approximately four years ago the U.S. Environmental Protection Agency (EPA) took the first step in regulating greenhouse gas (GHG) emissions from electric generating units (EGUs) by promulgating the […]

  • Senate Committee Advances FERC Head Nomination

    The Senate Energy and Natural Resources Committee on Wednesday managed a contentious 13–9 vote to approve President Obama’s nomination of Norman Bay to become head of the Federal Energy Regulatory Commission (FERC). Before the vote, the committee’s chair, Sen. Mary Landrieu (D-La.) said the White House and Senate Majority Leader Harry Reid (D-Nev.) had agreed […]

  • DOE Awards $100M for Energy Research

    Thirty-two projects—most headed by universities—were awarded grants of various amounts totaling $100 million by the U.S. Department of Energy (DOE) for Energy Frontier Research Centers (EFRCs). The projects were selected from more than 200 proposals. Of the projects, 10 were new while the other 22 received renewed funding. Awards ranged from $2 million to $4 […]

  • Canada Proposes National Emission Standards for Industrial Boilers, Stationary Engines

    On the heels of the Environmental Protection Agency’s carbon emissions proposal for existing power plants, the Canadian government last week issued draft regulations to curb emissions from industrial boilers and heaters, stationary engines, and the cement manufacturing sector.   The Multi-sector Air Pollutants Regulations (MSAPR) proposed on June 3 are a part of the federal government’s […]

  • GAO Has Legal Concerns With Uranium Transfers Between DOE and USEC

    On June 9, the U.S. Government Accountability Office (GAO) announced six recommended actions designed to improve transparency of Department of Energy (DOE) uranium transactions. The recommendations were developed following a review of four transactions that took place in 2012 and 2013 between the DOE and USEC Inc. USEC is a supplier of nuclear fuel to […]

  • U.S. Sets New Anti-Subsidy Tariffs on Chinese Solar Product Makers

    The Department of Commerce preliminarily ruled that China is subsidizing certain crystalline silicone photovoltaic (PV) products at a rate of 18.56% to 35.21%, marking another win for SolarWorld.  Commerce announced its affirmative preliminary determination in a new countervailing duty (CVD) investigation on imports of PV cells, modules, laminates, and panels. The agency calculated a preliminary […]

  • EPA’s Carbon Pollution Guidelines Incite Heated Reaction

    The Environmental Protection Agency (EPA) released its “Clean Power Plan” proposal today, which spurred a wide range of responses. Environmental groups applauded the guidelines while fossil fuel proponents decried the end of affordable energy. Power plants are the largest source of carbon pollution in the U.S., accounting for roughly one-third of all domestic greenhouse gas […]

  • Europe Moves to Phase Out Renewable Subsidies

    New rules adopted by the European Commission (EC) in April will gradually phase out renewable energy subsidies that currently bolster the European Union’s (EU’s) €48-billion-a-year clean energy

  • Lessons in Resiliency and Risk

    Climate change is changing the odds of extreme weather events, Entergy’s Rod West told the audience at the opening keynote session of ELECTRIC POWER 2014. West, who serves as Entergy’s executive vice

  • Final Nuclear, Coal, Oil, and Gas Effluent Guidelines Rule Delayed Until 2015

    A final rule establishing national technology-based effluent limitations guidelines and standards to reduce discharges of pollutants from nuclear and fossil fuel power plants to U.S. waters won’t be issued until at least September 2015, the Environmental Protection Agency (EPA) has confirmed.  This April, the agency and environmental groups Defenders of Wildlife and the Sierra Club […]

  • Federal Court Hands EPA Legal Victory on Fine Particulate Matter

    A three-judge panel of the U.S. Court of Appeals for the District of Columbia last week upheld the Environmental Protection Agency’s (EPA’s) primary National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5), dispensing to the agency its third major legal victory on air pollution in a month. The EPA in December 2012 issued […]

  • Intervenors Urge Caution from FERC on CAISO-PacifiCorp Energy Imbalance Market

    On Friday, April 25, approximately two dozen intervenors filed comments regarding PacifiCorp’s proposed amendments to its Open Access Transmission Tariff (“OATT”) to permit its participation in the California Independent System Operator Corp.’s proposed Energy Imbalance Market (“EIM”). The CAISO EIM is the first proposed organized market structure across a multi-state footprint in the West, which […]

  • Obama to Nominate LaFleur as FERC Commissioner

    On May 1, President Obama announced his intention to nominate Cheryl A. LaFleur for a second term as commissioner at the Federal Energy Regulatory Commission (FERC). LaFleur was first nominated to serve as a member of FERC in 2010. She became the acting chairman in November 2013 following Jon Wellinghoff’s resignation. Her term is slated […]

  • Coal and Nuclear Nearly Invisible at Platts Global Power Markets

    Gas, wind, and solar are it for any new generation in North America for the next five to 10 years (with a few one-offs), speakers at this year’s Platts Global Power Markets conference agreed. The annual event for those involved in power project development, financing, and litigation was held in Las Vegas Apr. 7 to […]

  • POWER Digest (May 2014)

    Netherlands to Ban Financing of Coal Plants Abroad. The Netherlands on Mar. 24 joined an initiative of the U.S., the UK, Denmark, Finland, Iceland, Norway, and Sweden to reach a global climate change agreement

  • Exelon to Expand Mid-Atlantic Service Area With Acquisition of Pepco

    Exelon Corp. and Pepco Holdings Inc. announced on April 30 that they have reached an agreement to combine the two companies. Assuming all approvals are received, Exelon will acquire Pepco in an all-cash deal valued at $6.83 billion, which represents a 24.7% premium to the volume-weighted average share price over the last 20 trading days […]

  • Supreme Court Revives CSAPR

    In a major ruling on Tuesday, the U.S. Supreme Court upheld the Environmental Protection Agency’s (EPA’s) authority to regulate power plant emissions across state lines under the Cross-State Air Pollution Rule (CSAPR). The U.S. Court of Appeals for the D.C. Circuit had struck down the CSAPR in 2012, finding that the EPA had exceeded its […]

  • Texas’ Largest Power Company Files For Bankruptcy

    Energy Future Holdings Corp. (EFH)—the Dallas-based holding company whose portfolio includes Luminant and TXU Energy—filed for Chapter 11 bankruptcy protection today. With support of key financial stakeholders, the company reached an agreement on a restructuring plan that it says will reduce debt, lower annual interest costs, allow access to additional capital, and create a sustainable […]

  • [UPDATED] Federal Court Upholds Final MATS Rule, Thwarts Industry Challenges

    A federal court on April 15 upheld the Environmental Protection Agency’s (EPA’s) February 2012-finalized Mercury and Air Toxics Standards (MATS), ruling in a 2–1 decision that the agency is not required to take costs into account when it promulgates rules that are “appropriate and necessary” to address hazards to public health. In the U.S. Court […]

  • Industry Leaders, Experts Testify on How to Keep the Lights On

    Ten witnesses from federal and state regulatory agencies, a public power entity, environmental groups, and power companies today outlined a number of threats to the bulk power system’s reliability in a Senate hearing to assess whether enough was being done to keep the lights on. General measures to address day-to-day issues affecting reliability—such as tree […]

  • Germany Moves to Tweak Renewables Law

    The German Cabinet on April 8 approved a list of changes that are intended to put the brakes on spiraling retail energy prices that have Germans paying some of the highest electricity bills in the world. The core of the changes outlined in the draft bill that must still go through the parliamentary process involves […]

  • Senate Leaders Call for Investigation into FERC Leaks

    In a letter to Department of Energy Inspector General Gregory Friedman, U.S. Senate Committee on Energy and Natural Resources Chair Mary Landrieu (D-La.) and Ranking Member Lisa Murkowski (R-Alaska) requested an investigation into sensitive information leaks suspected to have originated in Federal Energy Regulatory Commission (FERC) offices. The letter—dated March 27—stated that “Recent reports in […]

  • Proposal to Clarify Clean Water Act Puts McCarthy on Hot Seat

    When Environmental Protection Agency (EPA) Administrator Gina McCarthy testified at the House Appropriations subcommittee on Interior, Environment, and Related Agencies today, Rep. Hal Rogers (R-Ky.) made it clear from the start that he would be at odds with her. “For years, it seems the EPA has worked hard to devise new regulations that are designed […]

  • GE Executive Markhoff Talks About the Water/Energy Nexus

    Source: POWER During IHS CERAWeek in Houston in early March, POWER Editor Gail Reitenbach sat down with Heiner Markhoff, president and CEO of GE Power & Water’s Water & Process Technologies, to ask him about several issues of concern to power plants.  Though the “water/energy nexus” theme has gained prominence recently, Heiner Markhoff’s comments underscored […]