Power Plants

News & Analysis as of

Property Tax on Italian Photovoltaic Plants to Decrease Sharply

There is good news for owners of photovoltaic (PV) plants in Italy. In circular no. 2/E, released on 1 February 2016 (the circular), the Italian Revenue Agency has provided official guidance on new rules enacted by on 28...more

FERC staff guidance for Clean Power Plan modeling

Staff of the U.S. Federal Energy Regulatory Commission have issued a white paper presenting guidance principles for modeling state plans to comply with the U.S. Environmental Protection Agency's Clean Power Plan carbon...more

DHS official warns of increase in cyberattacks of industrial control systems

Marty Edwards, head of the Department of Homeland Security’s Industrial Control Systems Cyber Emergency Response Team (ICS-CERT), recently warned attendees at a conference that ICS-CERT, (which assists U.S. businesses in...more

5th Circuit Finds District Court Can Defer to FERC in PURPA Case . . . but not Indefinitely

On January 4, 2016, the U.S. Court of Appeals for the 5th Circuit issued a decision vacating a U.S. District Court for the Middle District of Louisiana order indefinitely staying a Public Utility Regulatory Policies Act of...more

UPDATE: Pa. Commonwealth Court Affirms Trial Court Decision Permitting Use of Eminent Domain by Pa. Gas Utility to Supply Private...

A three-judge panel of the Pennsylvania Commonwealth Court, in a pair of memorandum opinions, recently affirmed a trial court decision authorizing a natural gas public utility to use its eminent domain power to condemn an...more

Fossil Fuel EGUs Continue to Feel the Heat

In 2013, President Obama issued a memorandum directing EPA to develop limits on carbon emissions from new power plants. EPA did as the President asked when it promulgated a final rule this past October establishing new...more

California Environmental Law & Policy Update - December 2015 #2

Environmental and Policy Focus - U.S. Supreme Court to determine whether landowners can challenge federal Water Act jurisdiction through pre-enforcement review - Reuters - - Dec 11 The U.S. Supreme Court on...more

Primer on Paris climate change talks: An optimistic outlook

Between November 30 and December 11, 2015, leaders from nearly 200 countries convened in Paris, France, to seek agreement on a global approach to combatting climate change. Hopes were high, but the question on everyone’s mind...more

Merced River hydro relicensing Environmental Impact Statement released

Staff of the Federal Energy Regulatory Commission have released a final Environmental Impact Statement (EIS) evaluating proposals to relicense two hydroelectric power projects located on the Merced River in...more

Updates on Environmental, Administrative and Regulatory Law: EPA's Proposed Cross-State Air Pollution Update Rule

On November 16th, EPA proposed an “update” to its Cross-State Air Pollution Rule (CSAPR) ozone season requirements. Starting in 2017, the proposal is intended to reduce summertime emissions of nitrogen oxides (NOx) from power...more

EPA Tightens Wastewater Discharge Limits for Power Plants

EPA recently issued a final rule setting new Effluent Limitation Guidelines and Standards for the Steam Electric Power Generating Point Source Category. According to EPA, while the electric power industry has made...more

EPA Publishes Clean Power Plan And Initiates Concerted Attempt to Reduce GHG Emissions from Fossil Fuel Fired Power Plants

The Clean Power Plan is one of the most intensely scrutinized and debated rules in EPA’s history. The proposed rule, published in June of 2014, generated 4.3 million individual comments. The final rule was immediately...more

Compliance with the Clean Air Act Increasingly Unlikely to Protect Companies from Nuisance Suits

A recent decision out of the Sixth Circuit found that the Clean Air Act (“CAA”) does not preempt common law claims brought against an emitter based on the law of the state in which the emitter operates. This decision, Merrick...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Energy & Environment Update - November 2015

Energy and Climate Debate - In his final major effort prior to retiring last week, Speaker of the House John Boehner (R-OH) reached a bipartisan agreement, the Bipartisan Budget Act of 2015, with other House and Senate...more

EPA Publishes Clean Power Plan in Federal Register — Sets Off Flurry of Activity

The Clean Power Plan final rule, proposed Federal Plan and carbon pollution standards for new, modified and reconstructed (existing) power plants were published in the Federal Register on October 23, 2015 — weeks after its...more

EPA Officially Commences Unprecedented Regulation of Power Plants, Threatening Grid Reliability - Litigation Ensues

On October 23, 2015, the Environmental Protection Agency (EPA) published in the Federal Register its new rules to limit emissions from power plants. The most significant rule limits CO2 emissions from existing power plants....more

Grid Vulnerabilities Report Highlights Regional Risk

Earlier this month, U.S. Energy Secretary Ernest Moniz released a report presenting the Department of Energy’s (DOE) assessment of expected regional energy sector vulnerabilities to climate change. The report highlights...more

Tax Law Alert: Oregon Rulemaking Would Tax Electricity and Gas Sales by Non-Utilities Differently

The Oregon Department of Revenue is considering rulemaking that would affect whether sales to a “contracted point of delivery” in Oregon are taxed by Oregon vs. another state. “Public utilities” would continue to measure...more

Clean Power Plan Published; Appeals Period Begins

The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register today, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean...more

EPA’s Clean Power Plan Presents Challenges, Opportunities for Manufacturers

While much of the focus on the United States Environmental Protection Agency’s (“EPA”) Clean Power Plan (“CPP”) relates to its impact on utilities and other energy providers, manufacturers and other large electricity...more

Energy & Environment Update - October 2015 #3

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

FERC Updates Market-Based Rate Program and Clarifies Gen-Tie Policy

At its October 2015 meeting, the Federal Energy Regulatory Commission ("FERC") issued Order No. 816, a final rule adopting proposals to update its market-based rate program. In addition, FERC denied rehearing and granted...more

Northern Pass files with NH SEC

The developer of the Northern Pass Transmission Project, a proposed high-voltage transmission line from Canada into New Hampshire, filed a formal application to New Hampshire regulators this week. First proposed in 2009,...more

Power dynamics: Forces shaping the future of coal in the United States

Coal-fired plants have been the backbone of US power generation for more than a century, and they still account for nearly 40 percent of power generation in the country. But coal's dominance in the United States is waning. It...more

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