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.
An integrated approach could prove more effective for controlling emissions.
Despite political challenges, the EPA and Congress have made strides toward a more coherent and integrated approach to regulating air emissions. The time is right to reach consensus on a multi-pollutant strategy.
What federal regulators should do to ensure security, reliability, and cleaner air in our nation’s capital.
The District of Columbia Public Service Commission successfully has used two little known provisions in the Federal Power Act (FPA) to prevent an aging generating plant crucial to the national capital region’s reliability from being abruptly shut down by Virginia’s environmental regulators. In the end, the immediate threat to the region’s reliability was obviated while the environmental concerns associated with the plant were not ignored. The action resulted in a model for how federal energy regulators and environmental regulators can address similar problems in the future.
Tough plant-retirement decisions being made in Canada to reduce its carbon footprint contrasts with America’s embrace of coal-based generation.
There is a certain irony in Ontario’s decision to phase out its coal-fired generation at a time when the demand for new coal-fired plants is growing in the rest of North America. Global Energy’s analysis of demand for coal for power generation suggests that growth in demand for coal is likely to continue and even challenge coal producers to step up their productive capacity and deliverability to meet that demand.
Innovation must play a key role in each company.
An EPRI vice president cites areas of concern in each part of the electricity value chain. How can IOUs overcome the formidable difficulties ahead of them?
The new Clean Air Interstate Rule is having an unexpected impact on power generation asset values.
With compliance costs estimated at $50 billion to $60 billion during the next 15 years, the Clean Air Interstate Rule (CAIR) affects just about every market participant in the electric power industry.
Which utilities and states will be most affected by the new rules?
Environmental Emissions: The cost to power markets of the Clean Air Interstate Rule depends on the ability to trade mercury.
The decision to limit mercury provides cover for utilities reluctant to spend on controlling NOx and SO2, while boosting other companies
How the Clean Air Mercury Rule will affect coal prices.