regulatory

  • CEQ Proposes to Restore Impactful NEPA Provisions

    The federal government’s Council on Environmental Quality  (CEQ) on Oct. 7 issued a proposed rulemaking to rescind several Trump-era regulatory amendments that limit the scope of environmental reviews completed by federal agencies under the National Environmental Policy Act (NEPA).  If finalized, the proposed rule would restore agencies’ discretion to broaden the scope of NEPA reviews. […]

  • Avoiding an ‘American Nightmare’—Cybersecurity Initiatives in the Power Sector

    Cyberattacks on the U.S. energy system threaten our national security and way of life. While the sources of such risks may be debatable, the threats are real and the potential consequences are grave. Former

  • Distributed Energy Platforms a Key for Sustainable Power

    The energy industry has been going through a revolution, and more and more businesses are looking to transition from non-renewable fossil fuel energy sources such as coal and oil to renewable energy sources like solar, wind and hydroelectric energy. There are a plethora of reasons for this shift, but there are three issues that are […]

  • Is America Ready to Take a ‘Baby Step’ Toward Carbon Pricing?

    Most people recognize that carbon dioxide (CO2) is a greenhouse gas (GHG), and while not everyone agrees, a majority of climate scientists believe increasing concentrations of GHGs in the atmosphere are causing climate change on Earth. Carbon pricing is a market-based strategy for reducing CO2 emissions. The goal of carbon pricing schemes is to place […]

  • Leveling the Market Playing Field for Hybrid Power Plants

    The Federal Energy Regulatory Commission (FERC) is an independent agency that, among other things, regulates the interstate transmission of electricity. Its ultimate mission is to “Assist consumers in obtaining economically efficient, safe, reliable, and secure energy services at a reasonable cost through appropriate regulatory and market means, and collaborative efforts.” In the past, FERC has […]

  • Missouri v. Biden: The Benefits and Costs of Carbon Emissions

    The Biden administration in February announced that for the remainder of 2021, federal agencies will conduct regulatory and environmental analyses assuming that the global “social cost” of emitting carbon

  • Crisis Management for Utilities: Lessons Learned from the Pandemic

    The COVID-19 pandemic has created unprecedented challenges for business. Utilities have had to quickly overcome the challenges associated with this crisis, without letting critical services such as heat

  • FERC Signals Green Light on Carbon Pricing to Help Reduce Emissions

    The body that regulates the interstate transmission of oil, electricity, and natural gas has signaled its willingness to approve regional grid operator plans that incorporate carbon pricing into their rate

  • Bird Policy Prepares for Another Migration With New Administration

    The Trump administration’s final rule interpreting the Migratory Bird Treaty Act (MBTA) to not prohibit the incidental take (accidental injury or death) of migratory birds recently hatched. But with the Biden administration taking the regulatory reins on Jan. 20, 2021, this lame-duck regulation will be quickly grounded. COMMENTARY Anticipating this, power companies should remain vigilant […]

  • Global Rush Toward Renewables Faces Challenges

    Harold E. “Ed” Patricoff and Ana Sarmento The global trend toward renewable energy is undeniable and commendable. In 2018, 10Power announced that it would work to create commercial-scale solar and energy

  • In Search of Middle Ground Between State Public Policy and Federal Regulation

    The tension between state and federal lawmakers is ages old, with a history marked by periods of outright assault or relative peace. On Dec. 19, 2019, the quiet in the energy sector was broken by an order from

  • The POWER Interview: Importance of Tax Credits and Incentives

    Tax credits and incentives, also known as C&I, have long been important to support the growth of energy technologies, from oil and gas exploration to solar and wind power. Federal tax credits have lifted the U.S. renewable energy industry over the past decade, leading to rapid growth in the sector. Laurence Sotsky is the CEO […]

  • Industry Wants Clarity on Trump Order About Foreign Equipment

    President Trump on May 1, 2020, issued Executive Order (EO) 13920, titled “Securing the United States Bulk-Power System.” Trump said that the unrestricted foreign supply of certain electric equipment

  • Supreme Court Revives Most Uses of NWP 12, Amid Uncertainty

    In a one-paragraph, unsigned order issued July 6, the U.S. Supreme Court reinstated most uses of the U.S. Army Corps of Engineers’ Nationwide Permit 12 (NWP 12) for pipeline and utility trenching and

  • Keeping the ‘Clean’ in Clean Energy

    Authored by Bryan Sillaman and James Alford of Hughes Hubbard In the midst of the global COVID-19 crisis, another unprecedented event took place that was largely overshadowed by more urgent, and life-threatening, circumstances. On April 20, 2020, the price of U.S. West Texas Intermediate crude oil dropped below zero dollars per barrel (bbl), plunging past […]

  • The Evolution of Power Business Models

    Traditional models have been upended by recent disruptions, including decarbonization, decentralization, and even the COVID pandemic, but new ones are replacing them that focus on customer preference

  • NRC Accepts Crucial Advanced Nuclear Applications from Centrus, Oklo

    The Nuclear Regulatory Commission (NRC) on June 23 accepted for formal review Centrus Energy Corp.’s application to produce high-assay low-enriched uranium (HALEU) at its Piketon, Ohio, facility. The move marks a third major regulatory milestone for advanced nuclear over the past month. The NRC’s acceptance of Centrus’ application follows a 4-0 vote by the commission on […]

  • Filed Rate Doctrine: A Powerful Tool in Energy Litigation

    The regulatory landscape for the energy industry has changed significantly in the past few decades, but a century-old Supreme Court canon—the filed rate doctrine—continues to be a valuable tool for

  • Trump Expands Regulatory Rollback, Including for Power, Amid Economic Fallout

    President Trump in a new executive order (EO) has directed federal agencies to rescind, modify, waive, or provide exemptions from regulatory requirements that may inhibit economic recovery.  The Executive Order on Regulatory Relief to Support Economic Recovery, issued May 19, is sweeping and extends beyond the administration’s previous efforts to scale down regulatory mandates—including the […]

  • How to Effectively Minimize Power Plant Water Usage

    Power plants across the U.S. are working to minimize water use in order to comply with regulatory requirements and offset the growing cost of water. This article offers some important recommendations to manage

  • Seven Nuclear Plants Get COVID-19–Related NRC Work-Hour Exemptions

    To help nuclear generators manage worker fatigue amid the intensifying COVID-19 pandemic, the Nuclear Regulatory Commission (NRC) has so far granted individually requested exemptions from work-hour controls to seven U.S. nuclear power plants. As described by NRC Director of Nuclear Reactor Regulation Ho Nieh in March 28 letters sent to at least three industry leaders, […]

  • FERC Orders Delayed Implementation of NERC Reliability Standards

    The Federal Energy Regulatory Commission (FERC) has approved the North American Electric Reliability Corporation’s (NERC’s) motion to defer implementation of seven reliability standards—including for grid cybersecurity—that were slated to become effective this year. In an April 17 order, FERC approved NERC’s April 6 requested motion to defer the implementation of the standards, which have effective […]

  • Groups File Legal Challenges to ACE Rule

    Legal challenges to the Trump administration’s Affordable Clean Energy (ACE) rule began in earnest April 17, as more than two dozen states and cities, along with several environmental activist groups, filed briefs with the U.S. Court of Appeals in Washington, D.C., seeking a rollback of power plant regulations that also have been decried by coal […]

  • Live Updates: Power-Related Regulatory Responses to COVID-19

    Federal regulators with oversight over U.S. power matters have issued a series of actions over recent weeks to respond to the potentially devastating impact that COVID-19, the new coronavirus, could have on North American power workforce operations and reliability. POWER will update this post regularly with COVID-19 response news and documents from federal and state […]

  • EPA Under Fire for COVID-19 Temporary Enforcement Directive

    The Environmental Protection Agency’s (EPA’s) unprecedented temporary policy to relax enforcement of noncompliance with certain environmental rules in response to the COVID-19 pandemic has provoked an impassioned response from industry experts, environmental groups, and from the agency itself. As POWER reported, the EPA’s Office of Enforcement and Compliance Assurance (OECA) on March 26 adopted a […]

  • Oklo Submits First Non-LWR Combined License Application to NRC

    Oklo, developer of the 1.5-MW Aurora micro-reactor, has submitted the first-ever combined license application (COLA) for an advanced non-light water reactor (LWR) to the Nuclear Regulatory Commission (NRC). The move formalizes the start of a new era for nuclear regulation in the U.S. The Silicon Valley company, which last year received a first-of-its-kind site use […]

  • Structural Effects of Climate Change on the Utility Business

    Developers and other sellers of electricity have traditionally viewed utilities as creditworthy counterparties. Utilities are longstanding institutions that provide a public service and receive a regulated

  • Hydrocarbon Molecules Know No Borders: The U.S.-Mexico Natural Gas Dilemma

    Natural gas traders once spoke of the North American continent as a potential seamless natural gas trading market, where market synergies could be perfected and hydrocarbon molecules could flow freely to the

  • What’s Driving the Rise of Behind-the-Meter Distributed Energy Resources

    A substantial shift in implementation of distributed energy resources (DERs) is on the horizon with the collision of new technologies and higher energy demand. Innovation is spawning an abundance of potential

  • The POWER Interview: SEPA’s Julia Hamm Talks Solar Pathways

    The Smart Electric Power Alliance (SEPA) is meeting this week in Salt Lake City, Utah, joining with the Solar Energy Industries Association (SEIA) to present North America Smart Energy Week, which this year includes both the long-running Solar Power International gathering along with Energy Storage International. A big theme this week is the integration of […]