The Homer City decision increases uncertainty—but rewards forward thinking.
The D.C. Circuit’s CSAPR ruling reinforces the benefits of planning ahead and keeping options open. A diverse portfolio strategy reduces risks and costs.
How suppliers and generators can each gain from today’s historic low prices.
Gregory C. Staple & Patrick Bean
Gas-fired generators and suppliers alike can each share risk and reward from historic low prices with contracts that blend market and fixed prices
The jurisdictional battle rages on, with FERC and EPA squaring off against the states.
Bruce W. Radford and Michael T. Burr
When Revolutionary War veteran Daniel Shays led an attack on the federal Springfield Armory in January 1787—the spark that ignited the federalist movement—he scarcely could’ve guessed that now, 225 years later, his spiritual descendants would still be fighting that very same battle.
Retrofitting early protected North Carolina ratepayers.
David Hoppock and Sarah Adair
Ongoing litigation over EPA rules raises compliance risks and costs. North Carolina utilities, however, benefited from the state’s forward thinking.
Generators fight back against EPA’s new regulations
With a flurry of major new environmental regulations, the Environmental Protection Agency (EPA) is altering the power generation landscape. But will the new federal rules survive court challenges—to say nothing of next year’s national elections? Fortnightly's Michael T. Burr considers the controversy over new environmental standards. PLUS: Top Utility Lawyers of 2011.
How we got here and what to expect.
New air quality regulations, including the Cross-State Air Pollution Rule, have prompted substantial investments in emission control upgrades. But a series of additional standards—for mercury, toxins, cooling water and ash residue—are driving delays and shutdowns in the coal-fired power fleet. Investment decisions depend on a clear understanding of where EPA is headed, and how the new regulations will affect generators’ costs—and market prices.
Business models are evolving to suit a shifting industry landscape.
Andre Begosso, Jack Azagury and Tim Porter
The next decade will bring serious disruption to the utility industry. But with cooperation from regulators and legislators, utility companies will be able to shift their business models to capture significant value—both in existing businesses and emerging ones.
Protecting the smart grid requires a broader strategy.
NERC’s critical infrastructure protection (CIP) standards set a minimum level of security performance—and only for high-voltage transmission systems, not the distribution grid. A compliance-checklist approach to security might lack the adaptability needed to combat evolving threats like the Stuxnet worm. A multi-layered, risk-based approach will provide better protection for the emerging smart grid.
2010 Law & Lawyers Report
The U.S. utility industry has never faced a more uncertain legal and regulatory landscape. From FERC demand-response pricing to state ratemaking disputes, legal trends and decisions are reshaping the power and gas market. The industry’s top legal minds provide strategic counsel. By definition, a battlefield is an ugly place. Conflict creates chaos, uncertainty and danger.
State GHG policies confront federal roadblocks.
So far, states have taken the lead in carbon-control strategies. These state actions, however, could lead to constitutional conflicts—as recent court battles demonstrate. Only the U.S. Congress can regulate interstate trade, so states must step carefully in controlling carbon leakage.