Power Plants

News & Analysis as of

The Conservative Case for Chevron Deference, Chapter 3 (Plus an Auer Bonus!)

The conservative cases in support of Chevron deference keep arriving. This week, the 9th Circuit Court of Appeals affirmed EPA’s federal implementation plan for compliance with its regional haze regulations by the Navajo...more

Coal Plant Shutdowns: The Tax Appeal Should Not Wait

Nothing is certain except death and taxes, unless you own a coal-fired power plant with a shutdown in its future, in which case – with apologies to Ben Franklin – we would also add the certainty of a property tax appeal. Host...more

Mexico's Ministry of Energy Issues Interconnection Manual for Small Capacity Plants

Mexico's Energy Reform of 2013 opened activities of the country's power market to private investors. Before the reform, large-scale power generation was reserved to the state-run Comisión Federal de Electricidad (CFE), or to...more

A better future for the Italian solar market

The rules for the management of the maintenance and technological renovation interventions on photovoltaic plants incentivized under the energy accounts (conti energia) have been published by the Gestore dei Servizi...more

FERC Enters the Trump Era - The agency announces staff-led Technical Conference as Trump administration expected to name new...

On Friday, March 3, 2017, the Federal Energy Regulatory Commission (FERC) made the much-anticipated announcement of its upcoming staff-led technical conference on wholesale energy and capacity markets. The conference...more

PG&E Narrows Scope of the CPUC Proceeding to Shut Down the Diablo Canyon Nuclear Plant by Unilaterally Withdrawing Its Procurement...

On February 27, 2017, Pacific Gas and Electric Company (“PG&E”) announced it is withdrawing several portions of its plan to close its 2.3 gigawatt Diablo Canyon Power Plant near San Luis Obispo by 2025. Specifically, PG&E has...more

DOJ Challenges Illegal Antitrust “Gun Jumping” In Energy Transaction

The Department of Justice Antitrust Division recently brought a civil antitrust lawsuit against Duke Energy Corporation, alleging that the electric power generator engaged in illegal “gun jumping” by obtaining beneficial...more

Top Five Issues to Watch in Arizona Water Law

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

Economic Conditions, Not Environmental Regulation, to Shutter Arizona Coal Plant 25 Years Sooner Than Expected

In a demonstration that not all regulations solve the problems they were intended to, and a testament to the power of market conditions, owners of the controversial Navajo Generating Station (NGS) power plant near Lake Powell...more

Riding Currents into New Markets: What Power Generation Developers and Contractors Should Watch Out For

The CPV St. Charles Energy Center, a new 725 MW combined-cycle gas power plant in Maryland, went online earlier this month. The U.S. Supreme Court analyzed federal preemption with respect to state regulation of power...more

Projects and Energy Weekly Snippets

Renewables sector welcomes Presidency’s support of renewables - The South African Renewable Energy Council (SAREC) has welcomed the Presidency’s clear support for the country’s Renewable Energy Independent Power...more

Projects and Energy Weekly Snippets

City of Cape Town launches waste-to-energy plant - South Africa’s City of Cape Town is now generating its own electricity through a waste-to-energy plant. While launching the ZAR400 million (US$30 million) plant...more

Renewable Energy Update - January 2017 #4

Renewable Energy Focus - Treasury nominee backs existing phaseout of the wind energy tax credit - Greentech Media - Jan 24 - Amid the flurry of news leading up to the inauguration of President Trump,...more

U.S. and Mexico Sign Bilateral Agreement to Promote Stability of Interconnected Power Grid

On January 7, 2017, the United States Department of Energy (DOE), the Federal Energy Regulatory Commission (FERC) and Mexico's Ministry of Energy (SENER), the Energy Regulatory Commission (CRE) and the National Center for...more

Projects and Energy Weekly Snippets

Weekly projects and energy updates in South Africa - Brown secures an Eskom cut-off reprieve - Indebted municipalities have been handed a reprieve from scheduled power outages after Public Enterprises Minister...more

Renewable Energy Update - January 2017 #3

Renewable Energy Focus - Study reports climate policies provide $13 billion in economic benefits to San Joaquin Valley - Los Angeles Times - Jan 18 - As California lawmakers prepare for another round of...more

Court Finds That Enron’s Fraud Does Not Void Contract Entered Into With Enron Subsidiary

A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron...more

California Environmental Law & Policy Update - January 2017

Environmental and Policy Focus - Banning Ranch's future again in limbo as California's high court evaluates propriety of development approval - OC Register - Jan 4 - The future of Banning Ranch, a...more

Delaware Law Updates – The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain...more

German Nuclear Phase-Out Legislation is Partly Unconstitutional

The Federal Constitutional Court of Germany (FCC) on December 6 ruled that while the phase-out of nuclear energy (enacted in 2011) is in compliance with the constitution, Germany’s energy suppliers which operate nuclear power...more

December 2016: Energy Litigation Update

Update on Clean Power Plan. In August 2015, the Environmental Protection Agency (“EPA”) finalized a new set of standards, now known as the Clean Power Plan (the “Plan”), aimed at reducing carbon emissions from fossil-fuel...more

Renewable Energy Update - December 2016 #2

Renewable Energy Focus - Trump names climate change skeptic and oil industry ally to lead the EPA - Los Angeles Times - Dec 7 - Donald Trump picked Oklahoma Atty. Gen. Scott Pruitt to run the...more

Clean Power Plan's Future in Jeopardy Under Trump

During his campaign, President-Elect Donald Trump vowed to scrap President Obama's Clean Power Plan (CPP) rule. The CPP is the cornerstone of President Obama's environmental legacy. The rule establishes the first national...more

Getting the Deal Through — Electricity Regulation 2017: United States

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

Nova Scotia tidal turbine installed

A Canadian tidal power developer has installed a turbine at a test site in the Bay of Fundy. Cape Sharp Tidal's project off Nova Scotia could demonstrate the feasibility of larger-scale marine hydrokinetic power plants...more

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