Energy Policy & Legislation

Preparing for the Inevitable

Mitigating enforcement penalties in NERC hearings and appeals.

The North American Electric Reliability Corp. (NERC) holds substantial enforcement powers as the nation’s electric reliability organization for bulk power transactions. Taking affirmative steps will help utilities and system operators to avoid or minimize NERC penalties.

Mandating Federal Renewables

The importance of getting the REC markets right.

The feds are ready to replace disjointed state policies with a coordinated national renewable energy credit market. Treating low-carbon energy consistently will promote investment in renewables.

Can We Afford Climate Regulation?

Lawmakers are rushing a costly decision.

Utilities are struggling to predict the costs of greenhouse gas regulation. In the quest for a greener planet, how much should consumers be asked to pay for environmental benefits that might be difficult to measure?

Policy Shift: 2009 Law & Lawyers Report

Legal and regulatory changes are transforming the industry.

This year has marked a sea change in energy policy, from environmental compliance to transmission pricing. Fortnightly interviews top lawyers to better understand how regulatory developments are affecting the power and gas industries.

Bench Report: Top 10 Groundbreaking Legal Decisions in 2009

1. High Court Reconsiders ‘Just and Reasonable’ Standard; 2. EPA Endangerment Finding: Implementing; 3. Paying the Postage for Grid Expansion; 4. Weighing the Certainty of Climate Change; 5. Lawful Emissions Deemed Public Nuisance; 6. Not Quite a Leak-proof Backstop; 7. FERC Bends Rules to Boost Renewables; 8. An ‘Anchor’ for Merchant Transmission; 9. Texas Throws a Curve at Small Wind Developers; 10. Resource Adequacy.

Going Off the Record

Lawyers say what they really think about changing policies.

Lawyers get a bad rap in this country, and in some cases it’s well earned. However, during the month of October I enjoyed the distinct privilege of interviewing nearly a dozen of the industry’s most insightful, informed and hard-working people—all of them law-firm lawyers serving energy companies, regulatory agencies and customer groups.

Ontario's Feed-In Tariff

Can a European-style renewable model work in the Americas?

The Province of Ontario, Canada is the first jurisdiction in North America to implement a European style feed-in tariff (FIT). It also was the first jurisdiction in North America to have a comprehensive standard-offer program for electricity supply from renewables.

'T' Party Revolt

Transmission expansion costs are spread unevenly, driving a wedge between utilities and regions.

Back in June, the Bismarck Tribune ran an interview with North Dakota Public Service Commissioner Tony Clark that showed just how difficult it is to build national consensus for renewable energy.

Starting a Fire

Utilities cut support for climate-change deniers.

This summer marked the 40th anniversary of a pivotal event in the environmental movement. On June 22, 1969, the oily surface of the Cuyahoga River caught fire, drawing national attention to the plight of America’s lakes and rivers. However, clean water standards didn’t begin with the Cuyahoga River fire, the EPA or the Clean Water Act. A series of common-law nuisance lawsuits, combined with a patchwork of state laws and (weak) federal statutes, preceded the comprehensive legislation that emerged from the smoke of the Cuyahoga. Today we’re seeing a similar progression in greenhouse gas regulation, with civil suits, state initiatives and marginal federal actions apparently marching toward a national climate policy.

Ontario's Failed Experiment (Part 2)

Service quality suffers under PBR framework.

Building upon last month’s installment, more is revealed on how, after 10 years of incentive regulation, reliability has declined in Ontario.