News & Analysis as of

Nuclear Power Wholesale

Foley Hoag LLP - Environmental Law

Would the Last Generator to Leave the Wholesale Competitive Energy Market Please Turn Off the Lights?

On Friday, Connecticut announced that it had reached agreement with Dominion, Eversource, and United Illuminating to keep the Millstone nuclear plant operating for 10 more years. Not coincidentally, on the same day, the six...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Joins Seventh Circuit in Upholding Constitutionality of ZECs, Ending the Current Preemption Fight Against Nuclear...

On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more

Akin Gump Strauss Hauer & Feld LLP

Seventh Circuit Rejects Federal Preemption and Dormant Commerce Clause Challenges to Illinois Nuclear ZEC Program

In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more

Holland & Knight LLP

FERC Rejects Department of Energy's Bid for Coal, Nuclear Subsidies

Holland & Knight LLP on

• The Federal Energy Regulatory Commission (FERC) has voted to terminate a Notice of Proposed Rulemaking stemming from Department of Energy (DOE) Secretary Rick Perry's September 2017 proposal to initiate new pricing rules. ...more

Orrick, Herrington & Sutcliffe LLP

FERC and Wholesale Market Stakeholders Prepare Responses to Proposed Rule on Grid Resiliency

On September 29, 2017, the Secretary of Energy submitted to the Federal Energy Regulatory Commission a notice of proposed rulemaking to support electric grid resiliency. The notice states that changes to wholesale market...more

Holland & Knight LLP

DOE’s Grid Resiliency Pricing Rule Offers Hope for Nearly Extinct Coal, Nuclear Plants

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The U.S. Department of Energy’s recently-proposed grid resiliency rule offers new hope for nearly-extinct coal plants and endangered nuclear power plants operating in competitive organized wholesale power markets and, if...more

Stinson LLP

Surprise DOE Proposal Presses FERC to Provide Full Cost Recovery for Reliability Attributes of Generators in Bulk Power Markets

Stinson LLP on

On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric...more

Blank Rome LLP

Department of Energy Files NOPR Providing for Guaranteed Profits for Nuclear and Coal Plants—Only.

Blank Rome LLP on

The Department of Energy (“DOE”) last Friday rolled out a Notice of Proposed Rulemaking (“NOPR”) with the Federal Energy Regulatory Commission (“FERC”) that amounts to requiring subsidies for nuclear plants and coal plants....more

Cadwalader, Wickersham & Taft LLP

DOE Directs FERC to Issue Rule to Set Cost-Based Rates for Baseload Plants

On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing that Federal Energy Regulatory Commission (“FERC”) exercise its authority under sections 205 and 206 of the...more

Akin Gump Strauss Hauer & Feld LLP

DOE Report Offers Extensive Insight, but Limited Policy Suggestions

On August 23, 2017, the Department of Energy (DOE) released its Staff Report assessing the reliability and resilience of the electric grid. The highly anticipated report was commissioned in April 2017 by Secretary of Energy...more

Holland & Knight LLP

New York Federal District Court Decision Supports State’s Role in Furthering Clean Energy

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For the third time in the past month, a federal court has upheld a state program to pursue support for clean energy, including renewable energy certificates (RECs), and zero emission credits (ZECs) in New York and Illinois....more

Mintz - ML Strategies

Energy & Environment Update - October 2015 #3

Mintz - ML Strategies on

Energy and Climate Debate: Congress returns from the Columbus Day holiday this week to full schedules in both chambers, including several energy and environment hearings of interest. In the meantime, the Obama...more

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