Law & Lawyers

Opportunities for the Brave

Navigating the power and gas markets.

The power and gas markets look very different today from what we were anticipating three to four years ago. Gas has gone from seeming shortage to seeming abundance with recent spot prices falling to well under $3/mcf. Power prices and volatility are down significantly. Demand is soft and excess capacity exists in most of the country. While it might be easy to attribute the conditions in the power markets largely to the recession, the reality is that the fundamentals of the market are materially changing—creating opportunities while revealing new pitfalls.

Sun Damage

Geomagnetic storms and the limits of human experience.

On April 30, FERC held a technical conference to review scientific claims and policy arguments about geomagnetic disturbances, known as GMD—how some say that a once-in-a-century solar storm could induce a power surge on the interstate grid so destructive as to cook and fry as many 300 extra-high-voltage transformers, plunging much of the nation into a blackout lasting months or even years. Some researchers even harbor fears that GMDs could end life as we know it.

CEO Forum: Facing the Future

Three CEOs, three business models, one shared outlook.

Cheap gas, regulatory uncertainties, and a technology revolution are re-making the U.S. utility industry. Top executives at three very different companies—CMS, NRG, and the Midwest ISO—share their outlook on the industry’s transformative changes.

Letters to the Editor (July 2012)

(July 2012) Thanks for your enlightening editorial about the problems of feed-in tariffs for photovoltaic installations and the distortions they are causing in cost responsibilities among electric utility customers. While these issues are an immediate and growing concern, an entirely different set of problems will emerge over the next decade as the share of renewables in total generation approaches the high levels being dictated by most regulatory authorities.

The Methane Myth

Incompetence and overreach at the EPA.

The EPA’s new method for measuring the amount of methane that escapes from natural gas wells is based on flawed data. Oklahoma’s attorney general says this misguided policy decision treads on state regulatory authority and stifles resource development.

Learning to Love Congestion

Competitive market problems and their implications for customers’ net costs.

In competitive power markets based on locational marginal pricing (LMP), the facts sometimes conflict with popular belief. Most notably: 1. When there’s congestion, the books don’t balance, and ratepayers always pay more than the generators receive. The difference is sometimes called “congestion cost.” 2. Congestion in a competitive market doesn’t necessarily increase ratepayers’ costs; and 3. Reductions in LMP are incomplete and sometimes misleading measures of economic benefits of transmission upgrades. These three facts and their implications should be considered in transmission planning, market design, tariffs, and system operations.

It's the Money, Not the Fish

Bonneville Power, wind curtailments and the bigger picture.

Asset owners in the Northwest cry foul as the Bonneville Power Administration struggles to reconcile FERC orders with its operational realities. The battle between wind and water has blown up into a regional conflict over transmission tariffs.

Solar Boost

Hybridizing fossil plants with solar thermal technology.

Utilities are testing options for adding solar capacity to existing steam power plants. Concentrated solar thermal boosters increase plant efficiency and reduce emissions, while helping utilities to cost-effectively meet renewable mandates.

Security and the States

The regulator’s role in promoting cybersecurity for the smart grid.

State commissions can select from a toolkit of regulatory approaches to promote desired utility cybersecurity behavior. One approach is to allow the industry to selfregulate, and another approach is to leave the job to the federal government. But sofar, neither the industry nor the federal government have developed and implemented adequate standards for securing the smart grid. States can play a constructive role—albeit perhaps not in the form of traditional regulation.

Regulatory Gordian Knot

EPA’s new water, waste, and air regulations complicate power plant compliance.

New environmental requirements under the Clean Water Act (CWA) will add to the already complex burden of compliance for power plants. As the Environmental Protection Agency moves forward with cooling water and effluent standards, utilities and generators will have to deal with overlapping rules and conflicting policy goals.