News & Analysis as of

Energy Sector Rulemaking Process

Mitchell, Williams, Selig, Gates & Woodyard,...

Electricity Transmission Permitting Reform Proposals: Congressional Research Service Report

The Congressional Research Service (“CRS”) issued a February 9th report titled: Electricity Transmission Permitting Reform Proposals (“Report”) - The CRS serves as bipartisan shared staff to Congressional committees...more

Stoel Rives - Renewable + Law

Oregon EFSC Approves Ambitious Rulemaking Schedule for 2024, Clarifies Standby Generator Requirements

At its January 26, 2024 meeting, the Oregon Energy Facility Siting Council (EFSC) approved an ambitious rulemaking schedule for 2024 that will include consideration of changes to a wide range of EFSC rules.  Detailed...more

ArentFox Schiff

Three Legal Takeaways from Fifth Circuit Decision Scrubbing Away DOE Rules on Appliance Efficiency

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Beyond being no fun, handwashing dishes wastes water. And according to a colonel from the Montana Highway Patrol, dishwashers that complete a normal cycle in one hour or less “are desirable in the bunkhouse setting.” While...more

Verrill

Maine PUC Amends Small Generator Interconnection Procedures Rules (Chapter 324)

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On November 3, 2023, the Maine Public Utilities Commission (the “Commission”) issued an Order adopting amendments to its Small Generator Interconnection Procedures Rule (Chapter 324)....more

Bricker Graydon LLP

Ohio Power Siting Board Finalizes Rule Revisions Following Multi-Year Process

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On July 20, 2023, the Ohio Power Siting Board (“Board” or “OPSB”) issued its final determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The...more

Latham & Watkins LLP

US Nuclear Regulatory Commission Certifies First Small Modular Nuclear Reactor Design

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The move represents a step forward for the small modular nuclear reactor industry, but legislative uncertainty over new nuclear facilities in the US remains. As part of long-range plans to address climate change, many...more

Verrill

Maine PUC Asked to Fix “Leapfrogging” Problem Triggered by 2022 Changes to Maine’s Generator Interconnection Rule

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The Maine Public Utilities Commission is currently considering whether to commence a formal emergency rulemaking process to amend Chapter 324 of its rules governing generator interconnections. The purpose of the rulemaking...more

Goldberg Segalla

EPA Being Pushed Off the Fence on Coal Ash

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With names like “boiler slag” and “bottom ash,” it’s no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution....more

Foley & Lardner LLP

U.S. EPA Rule Making Set Grants Exclusive E-RIN Production Right to EV Automakers

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While U.S. Environmental Protection Agency (EPA) renewable fuel standards have traditionally been a chief concern of energy and fuel producers, the EPA’s 2023 rulemaking set is perhaps bigger news for Detroit than Houston...more

White & Case LLP

Summary of FERC Meeting Agenda for November 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's November 17, 2022 open meeting, pursuant to the sunshine notice released on November 10, 2022. Electric - E-1 – Registration of...more

Pillsbury Winthrop Shaw Pittman LLP

NRC Preliminary White Paper on Nuclear Fusion Indicates Paths for Regulatory Options

A September 2022 Preliminary White Paper issued by U.S. Nuclear Regulatory Commission (NRC) Staff, “Licensing and Regulating Fusion Energy Systems,” indicates that the NRC is considering the option of regulating commercial...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — September 2022

Climate Change Tort Litigation - Beginning in 2017, an array of state and local governments have pursued claims against major fossil fuel producers — particularly the major oil companies (Chevron, Exxon, BP, Shell, and...more

Holland & Hart LLP

The Future of Federal Agency Rulemakings After West Virginia v. Environmental Protection Agency

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The US Supreme Court’s 6-3 decision in West Virginia v. EPA, 597 US ___ (2022), narrowly defined the scope of the Environmental Protection Agency’s (EPA) statutory authority to regulate greenhouse gas emissions from...more

Orrick, Herrington & Sutcliffe LLP

FERC Proposes Overhaul of Generator Interconnection Process to Address Queue Backlogs

On June 16, 2022, the Federal Energy Regulatory Commission issued a notice of proposed rulemaking (NOPR) to reform its standard large generator interconnection procedures and pro forma interconnection agreement to address the...more

Bricker Graydon LLP

Attention Ohio energy developers: Ohio Power Siting Board issues proposed rule revisions

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On June 16, 2022, the Ohio Power Siting Board (“Board” or “OPSB”) issued a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The Order culminates a...more

Morgan Lewis - Power & Pipes

FERC Holds Technical Conference on Financial Assurance Measures for Hydroelectric Project

FERC recently held a Staff-led technical conference to discuss whether, and if so, how, the Commission should require additional financial assurance mechanisms in the licenses and other authorizations it issues for...more

ArentFox Schiff

Biden Administration Implements New Energy Efficiency Standards for Light Bulbs, Phasing Out Sale of Most Incandescent Bulbs by...

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The Department of Energy (DOE) has adopted two new rules for commonly-used light bulbs which are intended to phase out most incandescent bulbs in favor of LED lightbulbs, which use less energy and last significantly longer. ...more

Hogan Lovells

NRC Commission and staff take several actions impacting environmental reviews during licensing

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First, the Commission voted to not conduct a formal rulemaking on the NRC’s current environmental review process under 10 CFR Part 51. Separately, the staff proposed alternative timelines for a rulemaking to revise the...more

Hogan Lovells

Correcting the Record

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In early 2022, blog author Amy Roma spoke with a Bloomberg Law reporter about the Nuclear Regulatory Commission’s (NRC) Part 53 rulemaking efforts to support advanced reactor licensing. Amy’s position is that the NRC...more

Morgan Lewis - Up & Atom

Commission Denies NRC Staff Request to Discontinue ISFSI Security Rulemaking

The Commission recently issued SRM-SECY-19-0100, in which it disapproved, by a 2-to-1 vote, a request made by the NRC staff that sought approval to discontinue the Independent Spent Fuel Storage Installation (ISFSI) Security...more

White & Case LLP

Summary of FERC Meeting Agenda for January 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's January 20, 2022 open meeting, pursuant to the sunshine notice released on January 13, 2022....more

Vinson & Elkins LLP

2021 Energy and Chemicals Antitrust Report

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Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

Morgan Lewis - Up & Atom

SUNSI You Later: NRC Moves Closer to 2022 CUI Implementation with Rulemaking Recommendation

Morgan Lewis - Up & Atom on

On December 10, the NRC staff issued SECY-21-0105 seeking approval from the NRC commissioners to publish a notice of final rule that would officially replace the NRC's sensitive unclassified non-safeguards information (SUNSI)...more

Morgan Lewis - Power & Pipes

FERC Finalizes Hydropower Dam Safety Requirements

The Federal Energy Regulatory Commission recently issued a final rule, Order No. 880, revising its hydropower project inspection and safety regulations. The updates revise part 12 of FERC’s regulations and conclude an...more

Morgan Lewis

NRC Approves Publication of Proposed Nuclear Reactor Transitioning to Decommissioning Rule

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The US Nuclear Regulatory Commission (NRC) approved publication in the Federal Register of a proposed rule, “Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning” on November 3,...more

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