Legal & Regulatory

For energy consumers that have flexibility to modify their energy use in response to direction from a utility or the relevant transmission operator (i.e., to reduce load by changing or rescheduling what they are doing), selling demand response (DR) can be a lucrative additional revenue stream. Depending on the location, such consumers may have multiple […]

As the world grapples with fast-changing weather patterns, wildfires, record-breaking heat, and many other climate-related issues, it is becoming increasingly important to develop the technologies that will help to combat climate change. There is a race to develop new technologies that can capture, remove, and store carbon, create renewable energy, improve energy management and efficiency, […]

Canada Commits CA$3B to Complete Romania’s CANDU Nuclear Construction. Canada will loan CA$3 billion in available export financing to Nuclearelectrica S.A. (SNN), Romania’s state-owned operator of the

Electrical system operators are seeing an increase in potential projects seeking to connect to the power grid. Ideally, this growth in application activity means that energy systems and networks will become

Three interregional transmission lines connecting six U.S. states will receive the first $1.3 billion tranche of $2.5 billion in federal funding designated under the Transmission Facilitation Program (TFP), a revolving fund enacted by the 2021 Bipartisan Infrastructure Act. The U.S. Department of Energy (DOE) Grid Deployment Office’s (GDO’s) first picks under the TFP, unveiled on […]

The U.S. Environmental Protection Agency (EPA) in May of this year issued a proposed rule that would greatly expand the scope of federal regulations governing the management of coal combustion residuals, or

In the U.S., there has always been a direct correlation between the disparity in income and the distribution of renewable resources. Equity in energy refers to fairness in the distribution of energy, benefits, and burdens among different people and communities. It was designed to rectify historical inequalities, recognizing the need to create a fair and […]

Developers of renewable energy projects generally haven’t concerned themselves with the Davis-Bacon Act, the Great Depression-era federal law that mandates the paying of prevailing wages to laborers on public works projects. However, if the Department of Labor (DOL) gets its way, that might soon change. On August 23, 2023, DOL published new Davis-Bacon and Related Acts regulations that contain […]

The U.S. Department of Energy (DOE) defines environmental justice as: “The fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” It says “fair treatment” means that no population bears a disproportionate share of negative […]

Earlier this year the Biden administration hosted its inaugural Floating Offshore Wind Shot Summit, showcasing the efforts of federal departments to work with state, tribal, industry, and other interests to

The U.S. Environmental Protection Agency (EPA) in April of this year announced proposed regulations to tighten restrictions on tailpipe emissions for light and medium-duty vehicles and greenhouse gas emissions from heavy-duty vehicles beginning with the 2027 model year. In order to meet the new requirements, the proposed regulations could effectively require automakers to produce zero-emission […]

The Federal Energy Regulatory Commission (FERC) on July 28 issued a landmark order that reforms the generator interconnection process. The order is in response to a clear need for nationwide improvements due to a rapidly changing resource mix, market forces, and emerging technologies for power generation. Order No. 2023, Improvements to Generator Interconnection Procedures and Agreements, […]

Former Westinghouse Electric Co. Senior Vice President Jeffrey A. Benjamin’s motion to dismiss for grand jury bias a federal indictment issued in August 2021 alleging he concealed damaging information concerning the V.C. Summer nuclear expansion project schedule was granted by U.S. District Judge Mary Geiger Lewis on August 2, 2023, in Columbia, South Carolina. Benjamin […]

The Nuclear Regulatory Commission (NRC) on July 31 accepted a standard design approval (SDA) application for NuScale Power’s VOYGR-6, a plant design that will be featured in the 462-MWe Carbon-Free Power Project (CFPP) proposed at an Idaho National Laboratory (INL) site. The milestone comes on the same day that CFPP submitted a limited work authorization […]

The Federal Energy Regulatory Commission (FERC) has approved key transmission reforms aimed at clearing a staggering backlog of more than 10,000 generation and storage projects—more than 2,000 GW—stalled in interconnection queues across the country. Order 2023, a final rule unanimously adopted by FERC’s four commissioners at a July 27 open meeting and posted in full […]

The Inflation Reduction Act (IRA) has spurred investment in carbon capture and sequestration (CCS), a key tool for decarbonization, by significantly increasing the tax credit for permanently sequestering carbon dioxide. However, many states lack comprehensive laws necessary for CCS projects to attract investment. That includes Texas, a global energy capital that boasts high storage potential. Regulatory […]

The Inflation Reduction Act (IRA) recognizes the importance of boosting domestic U.S. manufacturing of clean energy equipment and provides a 10% bonus for the production tax credit and investment tax credit

In more than one RTO market, aggregators may find themselves in the position of making capacity offers for future delivery periods based on projections of how much aggregated capability they will have available in the future. This presents somewhat of a dilemma, as there are financial incentives to project aggressively. COMMENTARY Capacity revenues may play an […]

Severe convective storms, also known as severe thunderstorms, may not generate the same headlines as hurricanes, but these storms can pose a greater threat to inland solar and wind energy projects. The

The Nuclear Regulatory Commission (NRC) has wrapped up a final safety evaluation for Kairos Power’s 35-MWth Hermes “non-power” demonstration reactor, which the firm has proposed to build at the East Tennessee Technology Park Heritage Center site in Oak Ridge, and plans to begin operating by 2026. The NRC’s review, which concluded “no safety aspects that would […]

The U.S. Environmental Protection Agency (EPA) in May 2023 published a proposed rule that would establish new source performance standards (NSPS) and existing source performance standards (ESPS) for greenhouse gas (GHG) emissions from new, modified, reconstructed, and existing fossil-fuel fired electric generating units (EGUs). COMMENTARY The proposed rule, which EPA plans to promulgate pursuant to […]

As the U.S. moves toward decarbonization, hydrogen is expected—in its green, blue, and grey varieties—to increasingly be an alternative to conventional fossil fuels. It can be produced in abundance from

Nine trade groups—including four representing the power sector—have urged the Biden administration to prioritize actions that support the domestic production of electrical steel, warning that shortages are contributing to “significant and persistent” supply chain challenges. The groups, which include the Edison Electric Institute (EEI), the American Public Power Association (APPA), the National Rural Electric Cooperative […]

The Nuclear Regulatory Commission (NRC) has granted Holtec International a license to build and operate a consolidated interim storage facility (CISF) for spent nuclear fuel in southeastern New Mexico, despite the state’s opposition. Granted on May 9 after an eight-year process, the NRC’s license allows Holtec to “receive, possess, transfer, and store” 500 canisters holding […]

The U.S. Environmental Protection Agency (EPA) has unveiled new greenhouse gas (GHG) standards for the nation’s power plants, moving to require both existing and new facilities to capture emissions of carbon dioxide (CO2) for the first time. The rule announced May 11, if implemented, would mean coal- and natural gas-fired power plants would have to […]

One of the primary objectives of the powerful anti-fossil fuel lobby over the past two decades has been a federally mandated limit on carbon emissions. But the Supreme Court’s recent decision in West

Each year, pursuant to the Federal Energy Regulatory Commission’s (FERC or Commission) Revised Policy Statement on Enforcement, FERC’s Office of Enforcement (OE) publishes “annual statistical reports” summarizing its enforcement activities during the preceding fiscal year (FY). Consistent with that directive, OE’s Annual Report on Enforcement (Annual Report) contains a range of statistical information about the […]

Considering the unfathomable costs of unabated climate change, it stands to reason that even the most elementary investment thesis for the energy transition merits sincere consideration. And with the enormous sums of public and private capital committed these last few years toward the companies, technologies, and projects that promise to drive climate change mitigation and adaptation, it would appear […]

A proposed rule unveiled by the Environmental Protection Agency (EPA) on April 5 could considerably tighten the Mercury and Air Toxics Standards (MATS) for power plants, with specific repercussions for coal- and oil-fired generation. The proposed rule seeks to significantly update the 2012–finalized National Emission Standards for Hazardous Air Pollutants (NESHAP) for Coal- and Oil-Fired […]

The Council on Environmental Quality (CEQ) earlier this year published its updated “Guidance on Consideration of Greenhouse Gas Emissions and Climate Change,” a document for the assessment and disclosure