Legal & Regulatory

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.

The prospects of a worldwide nuclear power renaissance have spawned many plans for increasing uranium enrichment capacity. Could those plans swamp the world in SWUs?

A sea change in thinking about how to deal with spent nuclear fuel in the U.S. appears to be on the policy and political horizon, rekindling battles last fought in the 1980s about how to pay for the disposal of nuclear waste and where to put it. Holes in the ground look increasingly unlikely.

Here’s how, with almost no attention, recent financial reform legislation changes how business must deal with whistleblower employees and affects other seemingly nongermane issues.

Many power purchase agreements entered into between qualifying facilities (QF) and electric utilities during the 1980s and 1990s have several years remaining on their terms. These contracts typically require the generator to comply with the Federal Energy Regulatory Commission (FERC) regulations promulgated pursuant to the Public Utility Regulatory Policies Act (PURPA). The foremost FERC requirement […]

What’s in a name? Would coal ash labeled as “special” hazardous waste be as easily recycled as that labeled nonhazardous waste?

The nuclear renaissance has been in play for several years yet not a shovel of dirt has been turned. Why should anyone believe that Nuclear 2.0 will be an improvement?

In October of last year, the North American Electric Reliability Corp. (NERC) issued a study finding that maintaining electric reliability will require significant acceleration in the siting and construction of new transmission lines. The NERC study is indicative of growing concerns that changes to the current transmission planning process are necessary to maintain reliability and accommodate interconnection of the massive amounts of renewable resources expected to come online over the next 10 to 20 years.

A federal judge recently dismissed a lawsuit in which the plaintiffs alleged that defendants’ production of chemicals and electricity had “added to the ferocity of Hurricane Katrina.” The judge’s reasoning reveals the inherent limitations of courts unilaterally initiating policies to address climate change issues.

The U.S. Nuclear Regulatory Commission puts fire at the top of its safety concerns, calculating that fire constitutes half of all reactor safety risks, and lately fire safety has again become a major industry issue. For example . . .

A recent survey finds utility regulators contradicting themselves on the touchy subject of nuclear power. They say they like new nukes, but their actions belie their stated beliefs.

Timing is everything in the world of electric power generation. The timing of the delivery of electricity is affected by both the users’ demand and the speed with which a variety of energy sources supply power to the transmission system. Modern grids require reliable energy sources to instantly meet the needs of their users.

There is no doubt that the year-plus since passage of the American Recovery and Reinvestment Act of 2009 (Recovery Act) has borne witness to a great deal of activity among the diverse groups of smart grid stakeholders.

Should utilities take a new look at their approaches to maximizing profit margins?

Early last year, there were promising signs that electric transmission line construction would be facilitated by the convergence of the new administration’s emphasis on developing remote renewable generation resources, proposed legislative provisions expanding federal siting authority, and the granting by the Federal Energy Regulatory Commission (FERC) of generous cost-of-service returns on such investments. However, the stars did not align for transmission policy in 2009 as had been hoped, and the forecast is cloudy.

"Diversify, diversify, diversify." That has long been the mantra of many Wall Street pundits when advising investors on how to weather the risks of the stock market. Now advocates of electric vehicles (EVs) are using this same logic to champion plug-in hybrid electric vehicles (PHEVs).

What do Gmail, YouTube, Twitter, and Facebook have in common? All are examples of cloud computing. All present serious data security challenges.

Although law varies by jurisdiction, a recent case demonstrates arbitration panels’ willingness to uphold liquidated damages clauses in power plant engineering, procurement, and construction contracts.

"It’s anti-renewables" is becoming a familiar refrain voiced before public utility commissions, air quality management districts, and other public agencies with jurisdiction over the siting and operation of new fossil-fueled electric generation projects. The survival — and, in some cases, expansion — of legislatively mandated renewable energy requirements, tax incentives, and outright subsidies through the recent economic downturn has further encouraged opponents of new fossil-fueled generation to cloak themselves in the environmental flag, irrespective of their underlying motives and goals.

The U.S. isn’t producing the workforce it needs for the future of energy generation. And forget about “green jobs,” an undefined concept.

It’s the little stuff that can lead to big stuff, the Nuclear Regulatory Commission tells FirstEnergy in relation to its Perry Nuclear Power Plant in Ohio.

Power traders need to get faster, more accurate information on how markets are working and how they are swinging. They should look to telecommunications and manufacturing markets for solutions.

Natural gas has reemerged as the choice for new electric generation, according to the North American Electric Reliability Corp. Does this raise new reliability issues?

Last fall, the U.S. Environmental Protection Agency (EPA) issued a rule creating a mandatory national system for reporting greenhouse gas (GHG) emissions. The agency requires regulated entities to begin monitoring GHG emissions January 1, 2010, and to submit their first annual emissions reports March 31, 2011. This is a key step toward federal regulation of GHG emissions (a step that may have major implications regarding "major sources" and permitting requirements for new sources). It’s also an opportunity for power producers to implement their inventory management plans.

An economist scratches his head in consternation as he looks at the discussion about climate change and energy conservation. Take his quiz to learn why commonly accepted assumptions make poor economic sense.

On October 16, the Fifth Circuit Court of Appeals revived a lawsuit filed by residents along the Mississippi Gulf coast against several corporations in the energy, fossil fuels, and chemicals industries alleging that the defendants were responsible for property damage caused by Hurricane Katrina — Comer v. Murphy Oil USA, et al., No. 07-60756 (5th Cir. Oct. 16, 2009).

While pundits opine that the U.S. economy is in recovery, that doesn’t show up in the world of coal-fired electric power plants (perhaps lagging economic indicators). For proof, see these recent stories.