Legal & Regulatory

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.

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 […]

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.

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?

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

The economic downturn hits Entergy Corp. and Bruce Power.

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.

"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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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?

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.

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.

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

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.

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.

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

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

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

Working for Uncle Sam can be worthwhile or a life-sapping grind, depending on which agency employs you, according to a new survey by the U.S. Office of Personnel Management. Guess which agency ranked best. (Hint: It’s related to power.)

Does customer satisfaction play a meaningful role in guiding utility operations? Many utilities think it does, as do many regulators. The market apparently doesn’t. Data suggest that the jury is out on the question, and the intuitive answer may not match the empirical evidence.

In the 1990s, alarm bells were sounded because the construction of electric transmission infrastructure was not keeping pace with the United States’ rapidly increasing electric demand. More than 10 years later, despite considerable debate and the passage of new legislation, we continue to search for ways to get transmission built. However, it now looks as if 2009 may the year in which the stars finally align to fix the transmission system.

Nuclear loan guarantees in the 2005 Energy Policy Act have proven to be a failure: not just too little, but far too late.