News & Analysis as of

Electric Generation Suppliers

U.S. Department of Energy Releases “Staff Report to the Secretary on Electricity Markets and Reliability”

On August 23, 2017, the Department of Energy (DOE) released its “Staff Report to the Secretary on Electricity Markets and Reliability,” which was commissioned by U.S. Secretary of Energy Rick Perry in April to provide an...more

Lack of Quorum Costs East Kentucky Power Cooperative in PURPA Dispute

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more

Effluent Limitations Guidelines/Clean Water Act: U.S. Environmental Protection Agency Postpones Compliance Dates for Steam...

The United States Environmental Protection Agency (“EPA”) released a prepublication version of a final rule to be published in the Federal Register that postpones certain compliance dates for Clean Water Act effluent...more

Regional Haze/Nitrogen Oxide: U.S. Environmental Protection Agency Proposal to Approve Arkansas State Implementation Plan Revision

The United States Environmental Protection Agency (“EPA”) issued a September 11th Federal Register Notice proposing to approve a revision to the Arkansas Regional Haze State Implementation Plan (“SIP”) submitted by the...more

Massachusetts Moves to Reduce Greenhouse Gases

by Robinson & Cole LLP on

On August 11, 2017, the Massachusetts Department of Environmental Protection (MassDEP) adopted a landmark bundle of regulations for reducing greenhouse gases (GHG). The regulations primarily target carbon dioxide (CO2)...more

MN PUC Establishes New Environmental Costs for Use in All Proceedings

by Stoel Rives LLP on

Today, the MN PUC concluded a nearly four-year effort on updating environmental costs established under section 216B.2422 subd. 3 of the Minnesota Statutes. Before getting to the decision, a bit of context....more

International Trade and Investment Disputes in the Solar Energy Industry – A Hurdle to Renewable Power Generation?

by Hogan Lovells on

In 2040, renewable energy sources will account for more than 50 percent of global power generation, and solar and wind power alone will produce 50 percent of the electricity generation in Australia, Germany, Mexico, and the...more

FERC Proposes Reforms to Large Generator Interconnection

by Williams Mullen on

Late in 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (Proposed Rule), which contemplates revising the pro forma Large Generator Interconnection Procedures (LGIP), the pro forma...more

Ukraine: New Licensing Conditions on Electricity Generation Have Been Published

by Dentons on

On 20 June 2017 licensing conditions for carrying out commercial activity on electricity generation, approved by Resolution of the Ukrainian Regulator No. 309 of 22 March 2017 (the “Licensing Conditions”), were finally...more

Financial Hedges for United States Gas-Fired Power Generation Facilities

Over the past few years, many merchant gas-fired power generation plants operating in the regional transmission organization, PJM Interconnection and in the New York Independent Service Operator (NYISO) areas have been...more

What's New in Washington: 10 Things You Need to Know

Congress returned to session the week of April 24 following a two-week recess. Active discussions and debate surrounding the American Health Care Act (AHCA) and efforts to “repeal-and-replace” the Affordable Care Act resumed...more

Status of Distributed Generation in Maryland and the District of Columbia

by Miles & Stockbridge P.C. on

Over the last several years, significant strides have been made to advance the development and implementation of distributed energy generation resources in the mid-Atlantic region. So much so that we thought it worthwhile to...more

Top Five Issues to Watch in Arizona Water Law

by Snell & Wilmer on

Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome...more

What Might Be Ahead for Environmental Regulation in the Trump Administration?

by Burr & Forman on

By almost every account, the Trump Administration is likely to alter substantially the environmental regulatory landscape. Actions have already been taken to delay the implementation of regulations as well as initiating...more

Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining Industry

by Perkins Coie on

On January 11, 2017, the Environmental Protection Agency’s proposed rule for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act for the hardrock...more

FERC Proposes Broad Changes to Its Pro Forma Interconnection Procedures and Interconnection Agreement

In its final meeting of 2016, FERC issued a notice of proposed rulemaking in which it proposes changes to its standard interconnection rules and agreement for generators with a capacity of more than 20 megawatts. The proposed...more

Massachusetts Proposes New Greenhouse Gas Rules for Electric Generation, Natural Gas, and Transportation Sectors

by Beveridge & Diamond PC on

On December 16, 2016, the Massachusetts Department of Environmental Protection (“MassDEP”) released draft rules that would impose new greenhouse gas (“GHG”) requirements on the electric energy sector, gas distribution...more

Does MassDEP Have Authority to Regulate Electric Generating Emissions Under Section 3(d) of the GWSA? I’m Not So Sure.

As I have previously noted, I sympathize with the difficulties faced by MassDEP in trying to implement the SJC decision in Kain. However, that does not mean that MassDEP can simply take the easy way out. After rereading...more

Getting the Deal Through — Electricity Regulation 2017: United Kingdom

by White & Case LLP on

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Government policy - Following the EU Referendum held on 23 June 2016, a new prime minister was appointed...more

Getting the Deal Through — Electricity Regulation 2017: United States

by White & Case LLP on

1 Policy and law: What is the government policy and legislative framework for the electricity sector? No single government body sets government policy for the electricity sector. The federal government, which...more

The Delta Report – Derivatives Newsletter: September 2016

by White & Case LLP on

In this issue of The Delta Report, we bring you further updates on developments in the global derivatives space. In Europe, the focus is on Brexit and the newly-released EU final regulatory standards on the valuation of...more

NHPUC considers PSNH divestiture auction format

by PretiFlaherty on

As the New Hampshire Public Utilities Commission prepares for an auction of the state's largest utility’s generating assets, its auction advisor J.P. Morgan has recommended a broad public auction of the assets, using a two...more

Vermont adopts Renewable Energy Standard

by PretiFlaherty on

This summer Vermont energy regulators issued an order implementing a Renewable Energy Standard. This standard, or RES, requires Vermont electric utilities to procure an increasing share of electricity from renewable sources....more

NARUC Accepting Comments on Draft Distributed Energy Resources Manual that Seeks to Guide Regulators Through Tricky Territory

by Stoel Rives LLP on

The National Association of Regulatory Utility Commissioners (NARUC) recently issued a draft manual on distributed energy resources (DER) compensation to assist jurisdictions in navigating the challenges and policy...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

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