Legal & Regulatory

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.

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.

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."

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.

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.

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.

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.

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 . . .