Legal & Regulatory

The United States has just joined the offshore wind community with the commissioning of the Block Island Wind Farm in Rhode Island. As this community continues to grow, any decision of a common law court that provides guidance on the interpretation of contractual terms, or of the application of established common law to this new […]

Just a few months ago, New England’s biggest and most controversial pipeline proposal, Algonquin Gas Transmission’s Access Northeast project (see “Securing Pipeline Infrastructure for Gas-Fired Generation in New England” in the July 2016 issue), was poised for regulatory scrutiny. Access Northeast distinguished itself by its partnership with electric distribution companies (EDCs), namely National Grid and […]

It’s often said that technology runs well ahead of the law. Not so long ago, the process of setting electric utility rates was only slightly more dramatic than watching paint dry. This was by design. There was generally only one goal—keeping the lights on—and everything else was structured to support it. The utility generated the […]

The dangers of the U.S.’s failing infrastructure have united both major political parties in calling for substantial capital investments to shore up safety and reliability. In California, the tragic explosion of the gas pipeline in San Bruno and the massive methane leak from the gas storage wells at Aliso Canyon have highlighted the potential for […]

The push for clean energy notwithstanding, no silver bullet can cure the challenges that our continued use of carbon engenders. Every form of energy production, green or black, clean or dirty, presents downsides. Siting an energy facility—whether clean energy, hydro, natural gas, coal or nuclear—inherently imposes some form of environmental harm. For renewables, one of […]

In an industry as slow-moving as power generation, where planning horizons are measured in decades and assets can remain in operation for the better part of a century, it’s rare that things happen fast enough to catch anyone by surprise. But that’s exactly what’s happened to the U.S. merchant nuclear business over the past four […]

As the effects of climate change have increased and renewable energy is becoming cost-competitive with conventional forms of energy generation, more and more towns, cities, and counties are pushing their local utilities to increase the amount of renewables in their energy portfolios. While many utilities are embracing this shift to renewable energy, others are slow […]

Increased reliance on natural gas as a fuel for electric generation has prompted regulatory reforms by the Federal Energy Regulatory Commission (FERC) to improve coordination between the two industries. Many in the power industry believe critical constraints in gas pipeline infrastructure serving New England pose a significant threat to electric reliability and prices during periods […]

It’s axiomatic that state governments believe they can manage their own affairs better than the federal government. But our system reserves certain bailiwicks for federal oversight, and one of those is the

States across the U.S. have begun to commit themselves to expanding the reach of distributed energy resources (DERs), primarily rooftop solar photovoltaics (PV), throughout their communities. In particular