Legal & Regulatory

As less is heard about the promise of new nuclear reactors in the U.S., more is being heard about the problems of the geriatric atomic set.

As last winter’s abundant snowfall in the Pacific Northwest melted, rivers swelled and hydroelectric operators enjoyed substantial increases in generation. That bountiful clean and cheap power generation was a blessing, but it also triggered a host of legal issues.

Quin Shea, vice president, environment for the Edison Electric Institute, comments on the Utility MACT rule that is expected to be finalized in November.

What’s on the agenda for the utility industry today and into the future? Platts and Capgemini asked the industry leadership in their latest survey. The answers revolve around regulation, finance, and human resources.

Uncertainty about China’s role in world trade and its current monopoly over critical rare earth minerals continues to roil supply chains in energy technology markets. Will the World Trade Organization bring China into the fold, or will China ignore the international forum that it lobbied hard to join several years ago?

From the East Coast to the Lone Star State, a number of elected officials and power industry representatives are bashing the new aggressive regulation aimed at controlling specific power plant emissions. Complying with a federal court mandate, the U.S. Environmental Protection Agency (EPA) finalized the Cross-State Air Pollution Rule (CSAPR) on July 6. The new […]

It is time for the renewable integration discussion to move beyond simply identifying the challenges of ensuring reliability in a nation increasingly served by intermittent renewable resources and toward developing real-world solutions to these challenges.

Both the 1979 Three Mile Island accident and the Chernobyl catastrophe prompted worldwide retreats away from nuclear electric generating technologies. Despite brave rhetoric from nuclear supporters around the world, a number of countries with a large number of nuclear plants are having second thoughts about the future of nuclear power.

How easy is it to hack a generator’s SCADA system? It’s so easy it scares the heck out of the guy who used to run network security for the Bonneville Power Administration. It’s so easy he can’t tell us any details, for security reasons. That’s why we should all be scared.

The Federal Energy Regulatory Commission is starting to sort out the often mysterious and vexing issues surrounding reliability penalties as the federal agency and the North American Electric Reliability Corp. work through their evolving relationship. The case involves an outage at the Turlock Irrigation District in California.

In April, California Governor Jerry Brown (D) signed Senate Bill 2 (SB2) into law. When it becomes effective later this year, SB2 will be the primary legislation governing implementation of the California Renewables Portfolio Standard (RPS) program.

Even though Texas is again basking in warm weather, federal regulators are still investigating the rolling blackouts that hit the Lone Star state during a record-breaking cold snap in early February.

U.S. Supreme Court rulings in two recent cases further advance the rights of employees in disputes with employers, continuing a long-term trend in federal law on employment discrimination.

The devastation in Japan has focused new attention on supply chain issues and the impact of the partial collapse of that country’s manufacturing infrastructure on both Japanese imports and exports.

John Hanger, who led Pennsylvania’s Department of Environmental Protection until January, talked with ProPublica earlier this year about the challenges of trying to regulate the expanding drilling industry.

The U.S. Court of Appeals for the Ninth Circuit recently dealt another setback to the use of Section 216 of the Federal Power Act, which gives the Federal Energy Regulatory Commission (FERC) “backstop” authority to site electric transmission lines. Although enacted in 2005, this authority has never been used by FERC, and it can be questioned whether it ever will be used.

For many energy analysts and policy makers, efficiency is the Holy Grail, the universal solvent, the way to effortlessly reconcile supply and demand while simultaneously serving the needs of the environment. Don’t build new power plants, says policy guru Amory Lovins; gather "negawatts" instead. President Obama says that Americans "can save as much as 30% of our current energy usage without changing our quality of life."

In December 2010, the California Public Utilities Commission (CPUC) issued a decision with considerable fanfare that was intended to provide for the development of 1,000 MW of additional new renewable generation and provide California’s large investor-owned utilities (IOUs) with additional flexibility in complying with California’s Renewables Portfolio Standard (RPS) requirements. Unfortunately, it is likely to have the opposite effect.

A high-stakes dustup is shaping up in connection with the U.S. Occupational Safety & Health Administration’s (OSHA’s) proposed new standard to regulate combustible dust. When and if enacted, this new OSHA regulation will definitely affect the way personnel handle coal at power plants that use it for fuel.

The winter of 2010-2011 has been a cold one for financing renewable energy projects. That’s the weather report from a recent project financing meeting in New Orleans, a survey of developers and builders done by a large Minnesota construction company, and accounts from those in the financial trenches.

Don’t get fixated on the Environmental Protection Agency’s moves against carbon dioxide. The real action is in the area of conventional air pollutants.

Critical minerals—such as rare earth metals—are important to many new energy technologies. However, the U.S. Department of Energy is concerned that foreign control of supply, particularly by China, could limit the ability of these technologies to develop fully, so the DOE is developing a strategy to keep the supply chain open. Meanwhile, some analysts say China is playing a losing game with its hold on the minerals.

National Labor Relations Board Acting General Counsel Lafe Solomon is continuing his focus on remedies in unfair labor practice cases involving union organizing campaigns. On September 30, 2010, he issued a memorandum on Section 10(j) injunctions for discriminatory discharges during such campaigns. Now he has released another memorandum, this one targeting remedies regional offices should seek when they issue complaints in ULP cases involving campaign activity.

All of our legal column writers have this issue off (they’ll be back in the March issue), so we are using this opportunity to invite readers to share their legal and regulatory (L&R) concerns.

Despite high-powered congressional legislation in 2005, the U.S. is still unable to site high-voltage interstate transmission lines in a timely fashion. Two new reports suggest ways out of the gridlock.

As mergers and acquisitions in the power sector heat up again, questions arise about how employee benefits are affected by these complex business deals.

In November, California voters overwhelmingly rejected an initiative that would have put the brakes on AB 32, the state’s ambitious greenhouse gas (GHG) emissions reduction law. Given the role that California has played in climate change policy, that such a vote took place only four years into the law’s implementation process and 10 years before the emissions reduction targets were to be met was a reality check on climate change policy for those on both sides of the issue.

Feed-in tariffs (FITs) have been used by European countries to foster the growth of renewable generation resources, notably solar. These tariffs generally require electric distribution companies to purchase power produced by a specified class of generators at above-market rates. The object of the tariffs is to encourage development of the favored generation resources by ensuring the existence of a profitable market for their power production.

Much like the shape-shifting substance it regulates, the mercurial enforcement rule that governs mercury emissions from coal-fired power plants has changed unpredictably several times in recent years.

Despite a trendy moniker and lots of hype and interest, the smart grid has been facing some major setbacks of late, as regulators and customers begin challenging some of the claims for what interconnected smart meters will deliver in the way of tangible benefits.