Legal & Regulatory

  • Planning for ‘Flip Dates’ in Tax Equity Partnerships

    The U.S. government offers certain benefits to renewable energy projects, primarily in the form of tax credits and depreciation. But the reality is that a growing number of tax-equity partnerships are reaching the end of their lifespan, and the sponsors and tax-equity investors in these projects need to be preparing for the future. In fact, […]

  • EPA Unleashes Four-Pronged Assault on Fossil Fuel Power Pollution

    In an unprecedented move, the U.S. Environmental Protection Agency (EPA) on April 25 simultaneously finalized four major environmental rules covering greenhouse gases (GHG), air toxics, wastewater discharges, and coal combustion residuals from fossil fuel-fired power plants. Among the rules is the EPA’s final Carbon Pollution Standards, which marks the agency’s third attempt to broadly curb […]

  • Federal U.S. Power Sector Initiatives Went Full Throttle in April: Here’s the List

    The Biden administration has unveiled several sweeping actions over the past month aimed at boosting clean energy deployment, enhancing manufacturing jobs, and reducing pollutant emissions across the power sector. The measures—many announced as part of a comprehensive Earth Week agenda on April 25—are notable for their strategic push in an election year, highlighting the administration’s […]

  • NRC Advances Rule to Streamline Advanced Nuclear Reviews

    The Nuclear Regulatory Commission (NRC) has voted to codify proposed changes to streamline a key environmental review process for advanced nuclear reactors. Nuclear advocates lauded the measure as one of the regulator’s most important actions in 2024.    The NRC on April 17 approved its staff’s recommendation to publish a proposed rule that would amend […]

  • Action Needed Now to Support New Power Transmission Capacity

    The Federal Energy Regulatory Commission (FERC) in its March 2024 open meeting made clear that successful energy transition requires immediate action. With the Inflation Reduction Act (IRA) as a benchmark, the U.S. will need to expand its electrical transmission capacity at an annual rate double that seen between 1978 and 2020, as reported by the […]

  • EPA Denies Industry Petition to Delist Stationary Combustion Turbines as Hazardous Pollutants

    The U.S. Environmental Protection Agency (EPA) has denied an industry petition seeking to delist stationary combustion turbines from the agency’s list of hazardous air pollutants (HAP) major source categories regulated under section 112 of the Clean Air Act (CAA). The agency’s final action on April 11 responds to an August 2019 petition filed by several […]

  • FERC Proposal Would Cut Reactive Power Compensation, a Potential Hit to Independent Power Producer’s Revenue Mix

    In a time where capacity revenues are pricing lower and many generation owners find that their facilities are not being dispatched for energy on a consistent basis, reliable revenue streams are increasingly important. In addition to selling energy and capacity, many generation facilities collect fixed, monthly payments for the provision of “reactive power,” which are […]

  • DOE Eases Requirements in Final Transformer Efficiency Standards Amid Supply Chain Strain

    The U.S. Department of Energy’s (DOE’s) final energy efficiency standards for distribution transformers appear to strike a compromise with industry, softening the agency’s stance on steel requirements for essential transformer components and extending compliance deadlines to five years. The DOE’s final standards issued on April 4 seek to reduce losses in three types of distribution […]

  • Navigating Change: Impact of California’s Advanced Clean Fleets Regulation on Businesses

    The California Advanced Clean Fleets (ACF) regulation, which began being implemented on Jan. 1, 2024, is designed to complement the Advanced Clean Trucks (ACT) rule, which mandates a significant increase in the number of medium- and heavy-duty zero-emission vehicles (ZEVs) on California roads. There’s much to understand about the regulation and how it will impact […]

  • What FERC Order 2023 Means for the Interconnection Queue

    In recent years, concerns about the lengthy interconnection queue have dominated headlines. This queue has emerged as a major obstacle to adding new generating facilities to the U.S. power grid. It is primarily caused by grid congestion, permitting issues, extensive infrastructure project delays, and the traditional interconnection study approaches used in many states. To address […]

  • Distributed Power, EAAS—New Ways to Join the Clean Energy Transition

    The first image that likely comes to mind when the average energy consumer thinks about renewable energy is some kind of vast (utility-scale) solar or wind farm, or a massive battery project, usually pictured

  • Digital Solutions Provide Great Benefits for Cooperative Utilities

    Although cooperatives may not have the financial resources of large investor-owned utilities, valuable digital solutions are still within their grasp. Because they have fewer resources to employ, co-ops may

  • U.S., UK, Canada Ink Trilateral Memo to Cooperate on Advanced Reactor Licensing

    Nuclear regulatory agencies from the U.S., Canada, and the UK will collaborate on technical reviews and share best practices for advanced reactors and small modular reactor (SMR) technologies. The measure is aimed at improving regulatory efficiency and effectiveness as more reactor technologies seek approval in the three countries. A trilateral memorandum of cooperation (MOC)  signed […]

  • Measure Twice, Cut Once—A Roadmap for Enabling VPPs Through Policy and Program Design

    Virtual power plants (VPPs), as aggregations of dispatchable distributed energy resources (DERs), can deliver grid services ranging from resource adequacy to reliability at scale—all while making energy more affordable. Yet, despite their merits, the U.S. utility industry is yet to leverage the full potential of these readily available, affordable, customer-sited resources to add flexibility to the grid. Of course, the decision to incorporate […]

  • Get Ready For California’s Three Sweeping New Climate Disclosure Laws

    Can a requirement to simply disclose information truly be a big deal? Can a requirement that only applies to big companies, or companies that do business in California, actually impact your small business or your business in another state? Can a requirement that doesn’t take effect until next year or later really require thought and […]

  • EPA Drops Existing Gas-Fired Plants from Contentious Power Plant GHG Rule

    (Updated March 7 with responses from EPA): The U.S. Environmental Protection Agency (EPA) will drop requirements covering existing natural gas-fired power plants in its final Section 111 rule regulating power sector greenhouse gas (GHG) emissions, which is expected in April.  EPA Administrator Michael Regan on Feb. 29 said in a written statement the agency’s rule—which the […]

  • NRC Sets Stage for Advanced Nuclear with New Part 53 Rule

    The Nuclear Regulatory Commission (NRC) has directed its staff to publish a proposed rule and draft guidance to create Part 53, a much-awaited risk-informed and technology-inclusive licensing framework geared toward advanced technologies, including non-light-water-reactors (non-LWRs). In a staff requirements memorandum (SRM) made public on March 4, the commission directed staff to incorporate several changes to […]

  • Overcoming Hurdles in Offshore Wind Development: Ireland in a Race Against Time

    As the world intensifies its efforts to combat climate change, Ireland has set ambitious goals to produce offshore renewable energy as part of its Climate Action Plan. A member of the European Union (EU)

  • EPA Rolls Out Final, More Stringent PM2.5 Standard

    The U.S. Environmental Protection Agency (EPA) in February issued a final rule imposing tighter restrictions on fine particulate matter (PM2.5) or soot.  The final rule, issued on Feb. 7, strengthens the nation’s National Ambient Air Quality Standards (NAAQS) by lowering the level of the primary (health-based) annual PM2.5 standard from 12.0 micrograms per cubic meter […]

  • PJM Capacity Market Reforms Shake Up Resource Accreditation, Impose New Offer and Testing Requirements

    The Federal Energy Regulatory Commission (FERC), in Docket No. ER24-99-000, recently approved a suite of tariff revisions submitted by PJM intended to “accommodate the energy transition while maintaining resource adequacy.” Although the reforms affect many aspects of PJM’s Reliability Pricing Model (RPM), this commentary highlights: The transition from capacity accreditation using Equivalent Demand Forced Outage […]

  • EU Regulations Restricting Imports of Renewable Natural Gas and Green Hydrogen Derivative Products

    The European Commission (EC) is in the process of implementing its “Union database,” or UDB, to track all renewable gases and liquid fuels. Gases and fuels, whether produced in the European Union (EU) or imported, will need to be registered in the UDB if their use in the EU is to be counted toward satisfying […]

  • FERC Approves MISO Interconnection Queue Reforms, Rejects Overall Queue Cap

    The Federal Energy Regulatory Commission on Jan. 19 approved most of the Midcontinent Independent System Operator’s (MISO) proposed revisions to its Generator Interconnection Procedures (GIP) designed to reduce the submission and negative impacts of speculative interconnection requests. The changes apply prospectively, starting with the DPP-2023 queue cycle, which has not yet entered the Definitive Planning […]

  • Interconnection Cost-Causer-Pays Model: Is It Fair or Antiquated in the Era of Grid Modernization

    The transition to green energy is often seen through two different lenses: a burden or an opportunity. Grid modernization refers to a comprehensive transformation of the traditional power grid to upgrade aging infrastructure to enhance reliability, resilience, efficiency, and sustainability of electricity generation, transmission, distribution, and consumption. A key element of grid modernization is designing […]

  • Bipartisan Senate Bill Seeks to Rein In DOE Distribution Transformer Efficiency Standards

    A bipartisan group of 12 U.S. senators on Jan. 18 introduced a bill that could freeze the Department of Energy’s (DOE’s) implementation of updated energy efficiency standards for distribution transformers. The Distribution Transformer Efficiency and Supply Chain Reliability Act of 2024 (S.3627) would establish new limitations on federal efficiency rules for specific distribution transformers. Several […]

  • DOE Selects Consortium to Bolster Demand for Regional Hydrogen Hubs

    The Department of Energy (DOE) has selected a consortium that will work to foster demand for commercial clean hydrogen at seven regional hydrogen hubs (H2Hubs), which the agency in October 2023 selected to receive $7 billion in federal funding. The Hydrogen Demand Initiative (H2DI) consortium will be tasked with designing and implementing demand-side support mechanisms, […]

  • How PG&E Almost Became the Nation’s Largest Cooperative

    The history of electric cooperatives is one of individuals striving to improve their local communities. Perhaps the most inspiring electric cooperative formation was initiated by Peggi Timm. Timm, whose accomplishments would fill a library, helped to create one of Oregon’s largest cooperatives, called Oregon Trail Electric Cooperative (OTEC). In 1987, OTEC’s service territory was controlled […]

  • A Review of Air Quality Rules and a Look at 2024

    Federal regulators in 2023 proposed a variety of new air quality rules, and 2024 is likely to see these proposals become final and enforceable. Here’s a look at the past year, and a look ahead at the major

  • Treasury’s Proposed Clean Hydrogen PTC Rule Disappoints Power Industry

    The Department of the Treasury has released proposed regulations and guidance defining a tax credit for the production of “clean hydrogen,” a significant supply-side incentive that is part of the Biden administration’s larger climate-driven policy framework. But though long-awaited, the measure has stirred up strong disappointment from the power industry. If finalized, the Treasury Department’s […]

  • FERC Approves CAISO Day-Ahead Market Enhancements, EDAM Proposals

    The Federal Energy Regulatory Commission (FERC) has unanimously approved the California Independent System Operator’s (CAISO’s) Day-Ahead Market Enhancements (DAME) and Extended Day-Ahead Market (EDAM) proposal, effectively allowing new market options to address challenges caused by increasing system variability and uncertainty in the West. FERC’s decision issued on Dec. 20, for the most part, accepts CAISO’s […]

  • Streamlining Clean Energy Approvals and Organic Waste Legislation for a Sustainable Future

    In the face of escalating climate concerns, the U.S. is grappling with the dual challenges of advancing clean energy initiatives and establishing effective organic waste management strategies. A year since Congress injected substantial investments into the clean energy transition, progress has been made, but hurdles persist. Private sector interest in clean energy initiatives has surged, […]