Legal & Regulatory
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Legal & Regulatory
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
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Legal & Regulatory
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
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
[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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
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 […]
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Legal & Regulatory
When States Try to Manipulate Wholesale Power Markets
This has not been the best of times for state regulators trying to control the future of their regional power markets. In September, a federal court in Maryland shot down that state’s attempt to force the
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Legal & Regulatory
EPA Mulls Revising Nuclear Plant Radiation Standards
The Environmental Protection Agency (EPA) is calling for public comment and information on approaches to updating radiation protection standards for nuclear power operations. The standards have not been updated since they were originally issued in 1977. The agency issued an Advanced Notice of Proposed Rulemaking on Feb. 4 in the Federal Register and related fact […]
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Legal & Regulatory
EPA to Hand Over GHG Permitting Authority to Texas
The Environmental Protection Agency (EPA) last week proposed to approve revisions to a Texas state plan to regulate greenhouse gas (GHG) emissions in the state. If finalized, likely later this year, the EPA will rescind its Federal Implementation Plan (FIP) that is currently in place and grant the state GHG permitting authority. According to the […]
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Legal & Regulatory
POWER Digest (February 2014)
EU’s Highest Court Says French Onshore Wind Tariff Is Illegal. The Court of Justice of the European Union (EU) ruled on Dec. 19 that a French regulatory mechanism allowing network distributors—namely
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Legal & Regulatory
American Physical Society Pushes for Reactor Licensing Beyond 60 Years
Allowing nuclear generators to operate some of the existing 100 U.S. nuclear reactors longer than their 60-year licensed limit could help offset a potentially massive power supply gap that could ensue as those
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Legal & Regulatory
Japan, South Korea Stick to Nuclear Ambitions
Japan and South Korea, countries that depended heavily on nuclear power before the Fukushima catastrophe in 2011 (Figure 3), separately released draft long-term energy plans in December, both placing renewed
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Legal & Regulatory
Speeding Forward with Integrating Plug-in EVs
Approximately 150,000 plug-in electric vehicles (PEVs) are already on the road in the United States, according to various reports. These vehicles include relatively wallet-friendly PEV options like the
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Legal & Regulatory
NIST Cybersecurity Framework Aims to Improve Critical Infrastructure
A year ago, on Feb. 12, 2013, President Obama issued Executive Order 13636, titled “Improving Critical Infrastructure Cybersecurity.” The Executive Order instructed the National Institute of Standards and
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Legal & Regulatory
Mexico Embarks on Historic Energy Reform
Mexico’s much-awaited constitutional energy reform, passed on Dec. 12 by the federal congress and a week later by the required majority of state congresses, could spark increased private participation in
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Legal & Regulatory
Obama Nominates Norman Bay to Head FERC
President Obama has nominated current Federal Energy Regulatory Commission (FERC) Director of Enforcement Norman Bay to head the agency, upon confirmation, replacing Jon Wellinghoff, who left his post in November and jumping him over Acting Chairman Cheryl LaFleur. Bay’s nomination is the second to replace Wellinghoff, who left to join Portland, Ore., law firm Stoel […]
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Legal & Regulatory
Okla. Asks Supreme Court to Review EPA Regional Haze Suit
Oklahoma has asked the U.S. Supreme Court to review a lawsuit that challenges the Environmental Protection Agency’s (EPA’s) authority to reject a state regional haze plan and replace it with a federal implementation plan (FIP). Last July, in a 2–1 decision, the U.S. Court of Appeals for the 10th Circuit upheld the EPA’s rejection of […]
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Legal & Regulatory
Legal Deadline Set for EPA’s Coal Ash Rule
The Environmental Protection Agency (EPA) must issue a proposed revision of its Resource Conservation and Recovery Act (RCRA) Subtitle D rules regulating coal combustion residuals no later than Dec. 19, 2014, under a consent decree reached between the agency and environmental groups that was filed in federal court today. The U.S. District Court for the District of Columbia […]
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Legal & Regulatory
Obama in SOTU: “All-of-the-Above” Energy Strategy Is Working
President Obama spoke briefly about energy in his State of the Union address on Tuesday night, though he declared at the outset: “The all-of-the-above energy strategy I announced a few years ago is working, and today, America is closer to energy independence than we’ve been in decades.” That statement rejected recently expressed concerns from 18 […]