Legal & Regulatory

The legal turmoil surrounding the National Labor Relations Board (NLRB) continues as a federal appeals court has struck down another pro-labor ruling by the board, while challenging its authority to act at all. At the same time, in a directly related matter, the membership of the board and whether it has a legal quorum continues, with Congress getting into the act.

MANAGING POWER talks to energy veteran and president of Resources for the Future Phil Sharp about the complexities of energy policy.

The PTC has led to unprecedented growth in wind capacity. But the distortions it creates in the energy market are damaging future prospects for nuclear power.

Despite a broad-based assault across the country, state renewable portfolio standards have survived this round, with a few seeing expansion.

The transformative increases in current and expected future domestic natural gas production have spawned yet another energy debate: Should the U.S. should export natural gas?

The Wall Street Journal ( WSJ) recently reported that 14 of the 29 states that have adopted a renewable procurement mandate are currently considering legislation that would “water down or repeal” the renewable set-aside. Proponents of repeal describe their motivation as simple economics: Renewable power increases costs to electric consumers.

The challenges of running a coal plant are many and varied. But putting one to bed for good can be just as big a job.

With the ink barely dry on Version 4 of NERC’s critical infrastructure protection (CIP) standards, a new iteration is on the way, bringing with it some major changes in the way the standards will work.

The potential of offshore wind generation in the U.S. is being held back by a regulatory no-man’s-land.

Is bigger better for the energy business? Says a veteran energy lawyer, it depends more on why and how a utility choose to grow. Unfortunately, few regulators are thinking much about it.

If you were hoping that the U.S. Environmental Protection Agency’s (EPA’s) defeat last summer on aggregating small emissions sources under Title V of the Clean Air Act (CAA) meant a less-aggressive stance going forward, the agency has some bad news for you.

In February, the California Public Utilities Commission (CPUC) yet again missed an important opportunity to correct structural flaws that have plagued the state’s wholesale generation market in the wake of the 2001 energy crisis.

Taking an activist stance in favor of unions,  the National Labor Relations Board recently ruled that employers must continued to withdraw union dues from paychecks even after a collective bargaining agreement has expired. But another court ruling may place this NLRB decision—and many others—in doubt.

Attention to the potential risks of solar storms to the power sector continues, as the NRC issues a highly unusual grant to a citizen’s rulemaking petition on how solar storms could affect spent fuel powers at nuclear plants.

More and more electricity is generated by natural gas. This trend is likely to persist. Hydraulic fracturing technology is increasing domestic supplies and enabling natural gas prices to remain at historic lows.

Last October, the Federal Energy Regulatory Commission (FERC) announced that it was seeking a record $470 million penalty against Barclays Bank for manipulating California energy markets for several years in the late 2000s. The amount includes a $435 million fine as well as disgorgement of $35 million in profits Barclays gained from allegedly illegal trading. In addition, FERC levied hefty fines against several individual Barclays traders.

President Obama enters 2013 with a solid win in his pocket—and a host of challenges and decisions awaiting him.

The pendulum has recently swung back against nuclear as gas-fired power has surged in response to low prices and abundant supplies. Can nuclear ever regain its edge?

As 2013 opens, the coal industry is waiting anxiously on a variety of proposals for regulating coal ash. A reclassification as hazardous waste could deal another blow to coal, but some industry observers suspect the worst is not yet to come.

A 2007 study sponsored by the Department of Homeland Security confirmed some of the industry’s worst fears about the grid’s vulnerability to terrorist attack. That study has remained under wraps until recently–and its findings are even worse than you may suspect.

Combined heat and power offers many advantages for distributed generation. But leveraging them requires some careful planning and forethought.

The California Air Resources Board (CARB) recently kicked off a new era in its cap-and-trade program designed to reduce greenhouse gases (GHG) when it held its first GHG emissions allowance auction on November 14. While CARB pronounced the auction a success, the low price and lukewarm demand for allowances evidences market reticence to fully embrace the program.

In 2002, California enacted legislation authorizing municipalities to establish Community Choice Aggregation (CCA) programs. In September 2012, the San Francisco Board of Supervisors adopted “CleanPowerSF” to be the CCA program available for city residents. Its supporters describe CleanPowerSF as “a 100% renewable energy alternative.” Supervisor David Campos exalted that CleanPowerSF “will stimulate the local economy, create jobs and most importantly secure our independent, clean energy future.”

A complex tangle of Clean Air Act rules is making life difficult for folks in the power industry, often seeming to go in different directions at the same time. It could get worse and here’s an attempt to make some sense of the confusion.

With the power industry already facing a completely new, government-mandated approach to cybersecurity, CIPS 5, the Federal Energy Regulatory Commission has launched another regulatory venture that will result in a new set of reliability standards—this one designed to protect the bulk power system from solar storms.

Location, location, location. This has long been the guiding principle for selling real estate. Now, due to a recent appellate case, the U.S. Environmental Protection Agency (EPA) has learned this concept’s importance in determining under what conditions multiple facilities can be aggregated as a single source under the Clean Air Act (CAA) Title V permitting […]