News & Analysis as of

Power Plants

It’s Wise to Make Certain that Contracts Properly Allocate Future Environmental Compliance Costs

Last week, the 6th Circuit Court of Appeals ruled that AEP, which entered into a consent decree requiring it to install certain pollution controls at its Rockport 1 and 2 power plants, could not force the owner of those...more

Global Private Equity Newsletter - Spring 2017 Edition: Purchase Price Adjustment Disputes: Drafters Beware

by Dechert LLP on

It is common practice for purchase agreements in private company M&A transactions to contain one set of rules to determine and resolve disputes regarding a post-closing purchase price adjustment and a separate, often vastly...more

Check Your Decommissioning Costs - a Federal Court Narrows the Scope of Eligible Section 172(f) Decommissioning Costs

On March 27, 2017, the U.S. District Court for the Southern District of Florida ruled that disposal fees paid by NextEra Energy Inc. and its subsidiary, Florida Power & Light Co. (NextEra or taxpayer) into the Nuclear Waste...more

State aid: the former French financial support mechanism for solar radiative energy at risk

by White & Case LLP on

By an order dated 15 March 20171, the European Court of Justice (“ECJ”) rules on the compatibility with the European State aid rules of the Ministerial Orders of 10 July 2006 and of 12 January 2010 setting out the feed-in...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

South Africa Energy Minister, axed - Many South African’s are stunned at the President’s bold reshuffle of Cabinet last night. Among the 20 position changes – some being axed and others shifted to different portfolios – ...more

Energy Technology Connections Newsletter - Your Law Firm Link to Industry News: March 2017

by Mintz Levin on

Our March edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. If you enjoy learning about new technology as much as we...more

This Month in Corruption: Smuggled Drugs, Bogus Billing, Tampered Equipment

by PretiFlaherty on

Wrong Way to Keep Prisoners in Line. The office of William D. Weinreb, acting U.S. Attorney for the District of Massachusetts, announced March 3 that two former corrections officers at the Essex County Correctional facility...more

President Trump Rolls Back Climate Change Policies to Support Domestic Energy

On March 28, 2017, President Trump signed an executive order titled "Promoting Energy Independence and Economic Growth" that reverses or materially alters many of the actions that the federal government undertook during the...more

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

by McCarter & English, LLP on

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

by Holland & Knight LLP on

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

by DLA Piper on

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

by King & Spalding on

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

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

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

by Snell & Wilmer on

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

by Hogan Lovells on

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

by Hogan Lovells on

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

by Allen Matkins on

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

by Hogan Lovells on

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

by Allen Matkins on

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

by Carlton Fields on

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

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