News & Analysis as of

Nuclear Power

Fourth Circuit Issues Ruling Protecting Actions of Nuclear Plant Operator

On November 20, the U.S. Court of Appeals for the Fourth Circuit decided the case of Cox, et al., v. Duke Energy, Inc. et al., affirming the ruling of the U.S. District Court for the District of South Carolina’s grant of the...more

A Comparison of the Energy Tax Changes in the Proposed House and Senate Tax Reform Bills

On November 9, 2017, the Senate Finance Committee released a Description of the Chairman’s Mark of the “Tax Cuts and Jobs Act” and on November 14, 2017, the Senate Finance Committee released a Description of the Chairman’s...more

Army Corps of Engineers Floats Changes to Further Streamline Oil and Gas Pipeline Permitting

by Nossaman LLP on

The U.S. Army Corps of Engineers (Corps) issues nationwide permits (NWPs) to authorize discharge of dredged or fill materials to waters of the U.S. (WOUS) that require Department of the Army permits under Section 404 of the...more

House and Senate Tax Reform Proposals Diverge on Energy Provisions

by Holland & Knight LLP on

On November 2, House Republicans introduced H.R. 1, the Tax Cuts and Jobs Act. Senate Republicans followed suit shortly thereafter, releasing their proposal on November 9. The House Ways & Means Committee concluded its markup...more

Nuclear Decommissioning and Legal Risk

by Latham & Watkins LLP on

Entities engaged in decommissioning can assess and allocate associated legal risks in predictable ways. Key Points: ..With proper legal diligence and planning, the liability risks associated with nuclear decommissioning...more

Renewable Energy in the Asia-Pacific Fourth Edition

by DLA Piper on

DLA Piper is proud to release the 4th edition of Renewable Energy in the Asia-Pacific. This publication is an ambitious task, seeking to capture the key renewable energy market highlights across the vast Asia-Pacific region,...more

DOE’s Grid Resiliency Notice of Proposed Rulemaking: Reply Comments

by Reed Smith on

The national dialogue over the Department of Energy’s (“DOE”) Notice of Proposed Rulemaking (“NOPR”) on Grid Reliability and Resilience Pricing progressed on Tuesday as energy industry stakeholders filed their reply comments...more

Ambiguity in the Proposed Section 468A Nuclear Fund Regulations—Sometimes Less Is More

On October 25, 2017, the Internal Revenue Service (IRS) held a public hearing to provide taxpayers with an opportunity to comment on proposed regulations under section 468A of the Internal Revenue Code of 1986, as amended...more

When the Big One Hits, We’ll All Be Thankful for Grid “Resiliency”

by Stoel Rives LLP on

Or so Secretary Rick Perry and the DOE would have us believe. Approximately three weeks ago, the DOE made its pitch to FERC and the energy industry that a lack of “resiliency” threatens the U.S. power grid. The responses...more

DOE’s Grid Resiliency Notice of Proposed Rulemaking: Initial Comments

by Reed Smith on

Comments on the Department of Energy’s (“DOE”) Notice of Proposed Rulemaking (“NOPR”) on Grid Reliability and Resilience Pricing were submitted October 23, 2017. More than 450 entities and individuals filed comments...more

Government Warns of Threat Activity Targeting Critical Infrastructure through Third-Party Access

A cloak of secrecy usually covers covert government activities when it comes to the latest cyber threats and intelligence. But in a rare public statement, the U.S. government has warned that hackers are targeting government...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

New electricity generation: Eskom outlines transmission spending plans - Eskom plans to spend ZAR174.5 billion on its transmission and distribution network over the next 10 years, largely to improve reliability and...more

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

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

by Holland & Knight LLP on

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

DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

by McCarter & English, LLP on

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by...more

Renewable Energy Update - October 2017

by Allen Matkins on

Renewable Energy Focus - California greenhouse gas emissions fall as renewables boom - PV Magazine - Oct 4 California is leading the energy transition in the United States, including achieving the highest portion of...more

Trump Track: DOE Proposes FERC Action to Benefit Coal and Nuclear Power

by Davis Wright Tremaine LLP on

On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to the Federal Energy Regulatory Commission (“FERC”) pursuant to §403(a) of the DOE Organization Act. Regulations...more

Currents - Energy Industry Insights - October 2017

An Obscure Statute Is Helping Trump Save U.S. Coal, Nuclear - "Rick Perry is using an authority granted to him as U.S. energy secretary to call on the independent Federal Energy Regulatory Commission to change its rules...more

DOE Directs FERC to Consider Rule Providing Cost Recovery for Coal- and Nuclear-Fired Generating Facilities Operating in RTO/ISO...

by Shearman & Sterling LLP on

On September 29, 2017, Rick Perry, the Secretary of Energy, sent a letter to the Federal Energy Regulatory Commission (FERC) directing that FERC consider exercising its ratemaking authority under Sections 205 and 206 of the...more

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

by Stinson Leonard Street 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

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

by 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

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

US Energy Secretary Directs FERC to Issue Rules Supporting Nuclear, Coal Generation

by Morgan Lewis on

If the proposed rules are adopted, they could provide significant economic support to coal and nuclear generation in organized markets....more

Energy Update - September 2017

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting U.S. and international energy markets. Please...more

Legal Considerations for Establishing Operations in the United States (Pennsylvania)

by Pepper Hamilton LLP on

I. Introduction – Business and Legal Climate in the United States. The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world. The freedom to compete...more

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