Energy Policy & Legislation

As the Fukushima-Daiichi crisis unfolds, the U.S. DOE’s Blue Ribbon Commission is preparing its initial recommendations on how America should deal with its commercial nuclear waste. Early indicators suggest it will endorse the so-called fedcorp model—creating an independent federal corporation, similar to TVA. But a fedcorp structure, by itself, won’t resolve the spent-fuel dilemma. Success will require a strong mandate, consistent funding—and a totally new approach to siting and management.

With budget battles heating up in Washington, Congress and the Obama administration are squaring off to debate energy policy legislation. While Democratic leadership favors a clean energy standard, Republican lawmakers are focused on blocking administration initiatives to regulate greenhouse gas emissions. A compromise approach might bring substantial changes to America’s national energy strategy.

Because we can’t define the consequences of nuclear accidents — and because radioactivity is invisible and undetectable without a Geiger counter — nuclear power’s risks are like shadowy monsters of unknown proportions, inspiring irrational fear. But that’s no excuse for complacency. Learning the lessons of Fukushima-Daiichi requires first acknowledging that we might have overestimated our ability to manage nuclear risks.

Policy makers in the E.U. and the United States are taking different approaches to facilitating smart grid development. While both regions are setting standards that the rest of the world likely will follow, they also face difficult challenges in resolving issues around cost recovery, customer engagement and workforce preparedness.

New Jersey Gov. Chris Christie in February signed into law a bill that will have the state commissioning construction of 2,000 MW of new gas-fired power capacity and dumping it into the PJM capacity market at a $0 price. Maryland is considering a similar capacity-dumping scheme. What’s behind these efforts to manipulate capacity auctions — regional constraints or local politics?

Smart grid is a global phenomenon, but different countries are taking different approaches—for different reasons. For instance, utilities in Europe are more focused on laying the foundation for distributed generation and microgrids, while the United States is more concerned about creating standards for interoperability and security. Understanding the differences can help decision makers deploy smart grid technology effectively and economically.

Regardless of what drives the action — state regulation, federal policy, economic reality — collaboration between utilities and the solar industry is now becoming prevalent. Expanding definitions of utility solar business models represent a significant potential for solar market growth, and provide paths for others to follow.

In effort to promote local green energy resources, some states are enacting policies that tread on federal authority. Restrictions on power imports to satisfy RPS requirements might violate the Commerce Clause of the U.S. Constitution. Can the states foster home-grown energy without running afoul of federal laws?

In some states, transmission projects have slowed to a halt as regulators attempt to substitute their own need determinations for those of RTOs. The federal framework encourages cooperation, but Congress and the courts have given FERC clear authority over interstate transmission systems.

FERC’s revised policy provides greater predictability and transparency in the commission’s approach to determining civil and criminal penalties under its statutory authority. Despite a more systematic framework, however, FERC retains discretion to assess penalties based on the facts of individual cases.