Legal & Regulatory

  • Talking Smart Grid Talk

    What is the smart grid all about? A new book—a dictionary—attempts to define and demystify the jargon and bafflegab surrounding the buzzing smart grid. It’s a somewhat flawed but worthwhile first attempt at unraveling the often bizarre and sometimes baloney-filled smart grid nomenclature.

  • Pushmepullyou: Disputes and Discussions on Grid Politics

    While industry interests were trying to get on board the smart grid gravy train last fall in Washington, D.C., in rural West Virginia folks were dealing with the force of a political locomotive pushing a high-voltage interstate grid, with property owners opposed and labor in favor.

  • The Natural Gas Glut and the Doctrine According to Hefner

    Natural gas is back, says gas guru Bobby Hefner, and in a big way. New technologies, new discoveries, low prices, and new optimism characterize a natural gas industry that just three years ago was bemoaning its future and looking to foreign LNG imports as the industry’s salvation. Today, the gloom is gone, and the gas folks are clicking their gaseous heels in glee.

  • NRC Withholds “Waste Confidence” Finding, Citing Yucca Decision

    In a series of ironies, the U.S. Nuclear Regulatory Commission has voted to reject an early finding that the U.S. can adequately manage nuclear reactor spent fuel, in the wake of the Obama administration’s decision to pull the radioactive plug on Nevada’s Yucca Mountain. The vote by the majority Republicans on the commission effectively puts a temporary ban on new nuclear reactor construction in the U.S.

  • Conn. v. AEP: Call for Congressional Action

    In September, the Second Circuit Court of Appeals reversed the district court ruling in Connecticut v. American Electric Power ("Decision"), a lawsuit initiated by eight states, New York City, and environmental organizations against six power-generating utilities. The plaintiffs allege that carbon dioxide emissions from the defendants’ fossil fuel – fired power plants in 20 states are contributing to a public nuisance — climate change and global warming.

  • Feds Must Deliver on Climate Change Legislation

    For several years there has been widespread doubt about Washington’s ability to move forward with a national program to address climate change and reduce greenhouse gas (GHG) emissions. At various times during the Bush administration, it appeared that legislation might be possible, but it always collapsed under the weight of partisan politics and competing special […]

  • Falling Demand Leads TVA to Trim New Reactor Plans

    TVA scales back plans to revitalize new nuclear construction at its Bellefonte plant, suggesting that it will scrap plans for new units at the site and perhaps focus on its unbuilt unit that has been mothballed for 25 years.

  • SWEPCO’s Construction Conundrum

    "If you build it, they will come" — the litigants, that is. The lawsuit involving the construction of Southwestern Electric Power Co.’s (SWEPCO) John W. Turk Jr. ultrasupercritical coal-fired power plant in Arkansas gives new meaning to that popular quote from the movie Field of Dreams.

  • Flipping the Switch: Why Utilities Need to Shed Light Now on Carbon Risk

    Carbon is poised to become an auditable and verifiable reporting requirement for American business. Because utilities are among the organizations with the most at stake in a carbon-constrained economy, they should proactively tackle carbon management and carbon accounting in spite of uncertainties about the precise formulation of the final regulatory framework. In short, whether a carbon accounting requirement is legislative, administrative, or driven by business partners and consumers, now is the time for utilities to act.

  • Appeals Court: EPA Rule Oversteps on NOx Allowance Purchases

    The Appeals Court in D.C. has struck down a Bush administration 2007 ozone rule, sending the issue back to the Environmental Protection Agency for a mulligan. What will this mean in the future?

  • DOE Mission Support

    The National Academy of Public Administration faults the U.S. Department of Energy on human resource management, contract controls, and financial management.

  • Nuclear Roundup

    The economic downturn hits Entergy Corp. and Bruce Power.

  • Old Challenges Persist in Impeding Renewable Energy Goals

    In June, California issued yet another report on renewable energy. This one, a joint effort of the California Public Utilities Commission (CPUC) and the California Energy Commission (CEC), analyzes implementation issues related to increasing the state’s renewables portfolio standard (RPS) to 33% by 2020. The report is the latest in an increasingly growing number of assessments, policy pronouncements, and administrative decisions examining renewable energy and climate change issues.

  • Heritage Foundation: Nuclear Supply Chains Key to Revival

    If a nuclear revival is to happen, it will depend on understanding the global nature of the supply chains that support it, argues a U.S. conservative think tank.

  • The 100-Nukes Solution

    Does the House Republicans’ alternative to the Democratic energy plan—with the GOP’s proposal for 100 new nuclear plants in the next 20 years—pass the straight-faced test? Not even close, and the GOP knows it.

  • House OKs Grid-Siting Reform, but Only in the West

    The bill that the U.S. House passed 219-212 in late June to establish a cap-and-trade regime for control of global warming gases also includes new authority for overriding states on siting power lines. But the new authority only applies to the West.

  • Uranium: A Strange and Fascinating Story

    Everything you want to, or should, know about uranium mining and processing is in a new book by Tom Zoellner, not including the terrifying threat of crocodiles in northern Australia.

  • TREND: The Realities of the Nuclear Renaissance Emerge

    Even as hype about the U.S. nuclear renaissance is quieting down—a result of economic woes and unrealistic expectations about political and regulatory developments—some developments remain. As these stories from the nation’s media suggest, the building of new nuclear plants in the U.S. may move ahead at a slower, more measured pace.

  • Too Many Fingers in the Smart Grid Pie?

    There has been much excitement about the advent of the "smart grid" recently, especially because of the strong push by the Obama administration. Despite the simple-sounding term, the smart grid is not a simple concept.

  • White House Announces Cyber Security Plan

    The Obama administration has unveiled its long-awaited policy on cyber security of government and private-sector communication and distribution systems. Is it less than meets the eye, as some critics argue?

  • New Administration’s Energy Priorities: Hydrogen Is Out, Coal Is In

    The Obama administration has pulled the plug on the Department of Energy’s attempts to develop hydrogen-powered fuel cell cars. (The Bush administration had been touting H-powered cars for many years, with nothing to show for the effort other than large expenditures and a General Motors concept car that cost in the millions to build.) At about the same time, the Obama administration announced it would resurrect the billion-dollar FutureGen coal-fired generating project, aimed for Mattoon, Ill.

  • Obama Names Jaczko to Head NRC

    As expected, President Obama has named Nuclear Regulatory Commissioner Gregory Jaczko, an ally of Sen. Harry Reid (D-Nev.), as chairman of the NRC, almost certainly dooming the Yucca Mountain, Nev., site for disposal of spent nuclear fuel.

  • Learning from Past, Failed Energy Laws

    It’s not easy writing energy legislation, as the experience of the past demonstrates. Nor are the results always in the public interest.

  • Cap-and-Trade or a Carbon Tax for Greenhouse Reductions?

    What makes more sense to reduce greenhouse gas emissions from power plants—a cap-and-trade regime or a carbon tax? It’s a contentious issue among those who generate power and among academic economists and policy makers.

  • Regulatory Effectiveness: Is It Measurable?

    A [state utility regulatory] commissioner asked recently, “By what metrics can I assess my commission’s performance?” That’s a tough question.

  • Looking Downstream After the Cooling Water Case

    In the wake of the recent U.S. Supreme Court ruling related to cooling water intake practices at large power plants, many utilities are relieved to be off the hook as far as implementing expensive control upgrades to protect fish and other aquatic organisms.

  • TREND: Coal Industry’s Future Faces Challenges

    What role will coal play as the nation moves toward trying to reduce greenhouse gases? The picture is mixed, as these news stories from around the country demonstrate.

  • Supremes Back Cost Reviews on Cooling Water

    The Supreme Court backs restrictions on “once-through” cooling for new plants, while giving a pass to existing plants.

  • Coal Companies Peabody, CONSOL, and Arch Are Weathering the Economic Storm

    Coal continues to demonstrate considerable financial muscle in the current economic downturn, despite anti-coal rhetoric and concerns about climate change.

  • Will Plug-in Hybrids Cause Blackouts?

    Could demand from plug-in hybrid cars crash the grid? A DOE national lab addresses the issue.