News & Analysis as of

Power Plants

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

Lights Out For The Clean Power Plan

by Bryan Cave on

On October 10, 2017, EPA Administrator Pruitt signed a Proposed Rule to repeal the Obama administration’s Clean Power Plan—officially titled the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric...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

Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

Regional Haze: Arkansas Department of Environmental Quality Proposed State Implementation Plan Revision

The Arkansas Department of Environmental Quality (“ADEQ”) announced on October 31st proposed revisions to the State’s Regional Haze State Implementation Plan (“SIP”)....more

FERC Winter 2017-18 Energy Market Assessment

by PretiFlaherty on

A recent report by U.S. energy regulators notes that newly built natural gas-fired and renewable power plants are replacing retiring coal and nuclear power plants, which can require grid operators to take extra steps to...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

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

Renewable Energy Update - October 2017 #2

by Allen Matkins on

Renewable Energy Focus - Governor Brown signs bill directing utilities to plan storage, DERs for peak demand - Utility Dive - Oct 12 - Governor Jerry Brown on Wednesday signed a bill directing utilities to plan...more

Court Upholds Commercial Certainty in Alberta Power Purchase Arrangements

The Alberta Court of Queen’s Bench (Court) has released an important decision regarding the Alberta power industry, which brings certainty to the effective dates of termination of power purchase arrangements (PPAs) in...more

EPA Proposes to Repeal the Clean Power Plan

by White & Case LLP on

The United States Environmental Protection Agency’s (the "EPA's") October 10, 2017, proposed repeal of the Clean Power Plan (the "CPP") will hinder prior federal efforts under the Obama Administration to curb greenhouse gas...more

Bloom petitions for fuel cell QF status

by PretiFlaherty on

Bloom Energy Corporation, maker of fuel cell-based "Energy Servers," has petitioned the Federal Energy Regulatory Commission for a declaratory order that its facilities meet the Commission’s standards for cogeneration units...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

Department of Energy Proposes Rule Benefiting Coal and Nuclear to FERC

by McDermott Will & Emery on

On September 28, 2017, the US Department of Energy (DOE) submitted a proposed rule to the Federal Energy Regulatory Commission (FERC) that, if implemented, could reshape organized wholesale electricity markets. Citing...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

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

Clean Air Act: Maryland Attorney General Federal District Lawsuit Alleging U.S. Environmental Protection Agency Failure to Act on...

Maryland Attorney General Brian E. Frosh (“AG”) filed a Complaint in the United States District Court for the District of Maryland alleging a violation of the Clean Air Act by the United States Environmental Protection Agency...more

Greenhouse gas emissions trading schemes: A global perspective - Canada

by White & Case LLP on

Ontario and Québec lead the way in developing trading schemes - Canada's federal government recently entered into an agreement with eight Canadian provinces and three Canadian territories that is likely to accelerate the...more

Greenhouse gas emissions trading schemes: A global perspective - United States

by White & Case LLP on

Individual states are expected to take the lead in regulating greenhouse gas emissions - In the US, the trading of greenhouse gas (GHG) emission-reduction credits is underway in a large group of states on the East Coast...more

Updates to Energy Related Bills in the 2017-2018

by Stoel Rives LLP on

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving...more

China Dominates Global Investments in Renewable Energy

by Latham & Watkins LLP on

Market research has long recognized China as the largest investor in its own domestic renewable energy industry. According to Bloomberg New Energy Finance, China invested US$102 billion in 2015 alone....more

Renewable Energy Update - September 2017 #2

by Allen Matkins on

Renewable Energy Focus - U.S. solar installations rise despite drop in residential market - Reuter - Sep 11 - U.S. solar installations rose 8 percent in the second quarter as robust utility demand offset a sharp...more

NY Federal Court Dismisses Case Against Subsidies for Nuclear Energy

On July 25, 2017, the U.S. District Court of the Southern District of New York dismissed a case brought by fossil fuel generators against New York’s recently established zero emission credit program....more

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

by Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

by Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

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