Legal & Regulatory

The U.S. Court of Appeals for the Ninth Circuit recently dealt another setback to the use of Section 216 of the Federal Power Act, which gives the Federal Energy Regulatory Commission (FERC) “backstop” authority to site electric transmission lines. Although enacted in 2005, this authority has never been used by FERC, and it can be questioned whether it ever will be used.

In December 2010, the California Public Utilities Commission (CPUC) issued a decision with considerable fanfare that was intended to provide for the development of 1,000 MW of additional new renewable generation and provide California’s large investor-owned utilities (IOUs) with additional flexibility in complying with California’s Renewables Portfolio Standard (RPS) requirements. Unfortunately, it is likely to have the opposite effect.

A high-stakes dustup is shaping up in connection with the U.S. Occupational Safety & Health Administration’s (OSHA’s) proposed new standard to regulate combustible dust. When and if enacted, this new OSHA regulation will definitely affect the way personnel handle coal at power plants that use it for fuel.

All of our legal column writers have this issue off (they’ll be back in the March issue), so we are using this opportunity to invite readers to share their legal and regulatory (L&R) concerns.

In November, California voters overwhelmingly rejected an initiative that would have put the brakes on AB 32, the state’s ambitious greenhouse gas (GHG) emissions reduction law. Given the role that California has played in climate change policy, that such a vote took place only four years into the law’s implementation process and 10 years before the emissions reduction targets were to be met was a reality check on climate change policy for those on both sides of the issue.

Feed-in tariffs (FITs) have been used by European countries to foster the growth of renewable generation resources, notably solar. These tariffs generally require electric distribution companies to purchase power produced by a specified class of generators at above-market rates. The object of the tariffs is to encourage development of the favored generation resources by ensuring the existence of a profitable market for their power production.

Much like the shape-shifting substance it regulates, the mercurial enforcement rule that governs mercury emissions from coal-fired power plants has changed unpredictably several times in recent years.

Many power purchase agreements entered into between qualifying facilities (QF) and electric utilities during the 1980s and 1990s have several years remaining on their terms. These contracts typically require the generator to comply with the Federal Energy Regulatory Commission (FERC) regulations promulgated pursuant to the Public Utility Regulatory Policies Act (PURPA). The foremost FERC requirement […]

What’s in a name? Would coal ash labeled as “special” hazardous waste be as easily recycled as that labeled nonhazardous waste?

In October of last year, the North American Electric Reliability Corp. (NERC) issued a study finding that maintaining electric reliability will require significant acceleration in the siting and construction of new transmission lines. The NERC study is indicative of growing concerns that changes to the current transmission planning process are necessary to maintain reliability and accommodate interconnection of the massive amounts of renewable resources expected to come online over the next 10 to 20 years.