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Enviros Call for Court Decision in Clean Power Plan Case

August 7, 2017

Given that the Environmental Protection Agency (EPA) isn’t going to be taking any substantial action to rewrite the Clean Power Plan anytime soon, the U.S. Court of Appeals for the District of Columbia Circuit should not postpone a decision in the court case against the rule, an August 4 document filed by a group of environmental intervenors in the case argues.

The case against the Clean Power Plan was argued in court on September 27, 2016, before a panel of 10 judges. In the more than ten months since the hearing, the court has not issued a decision in the case.

The situation got more complicated after the election of President Donald Trump, an opponent of the rule, and the nomination of former Oklahoma Attorney General Scott Pruitt, who had sued the former administration’s EPA over the rule, as the new administrator of the EPA.

Pruitt’s EPA announced right away that it would be reviewing the rule, as he believes it represents an overreach of the EPA’s authority under the Clean Air Act.…

NRG’s New Plan: Sell Assets, Change Focus, Raise Cash

July 13, 2017

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NRG Energy said it will sell as much as $ 4 billion in assets as it seeks to lower its debt and cut costs after a revolt by activist investors unhappy with the company’s direction.

Shares of the company jumped 29% to a two-year high on July 12 after NRG announced the moves as part of a “transformation plan” designed to divest most if not all of its NRG Yield renewable energy business along with some of its conventional energy assets, including coal- and natural gas-fired power plants.

NRG, headquartered in Houston, Texas, said it wants to remove $ 13 billion in debt and generate more than $ 850 million in annual free cash flow, with a goal of adding more than $ 6 billion to its balance sheet through 2020 that would be available for new projects and investments.

NRG Energy unveiled a new plan to sell assets and change its focus in an effort to increase the company’s value for shareholders.

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Report: Killing Clean Power Plan Could Cost Nation 560,000 Potential Jobs

June 23, 2017

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If the Trump administration’s efforts to roll back the Clean Power Plan (CPP) are successful, the nation could miss out on 560,000 potential jobs and a boost of $ 52 billion to the gross domestic product (GDP), according to a report released by Environmental Entrepreneurs (E2).

“From states with relatively small populations like Maine and Montana to highly populated states like Florida, the CPP could have substantial employment and economic benefits — benefits that would disappear with the Trump Administration’s repeal of the policy,” the June 21 report says.

The CPP has been a thorn in the side of coal proponents since it was proposed in 2014. The rule requires states to develop action plans to meet state-specific, federally-set carbon emissions reduction goals for existing coal-fired power plants.

According to the E2 report, implementation of the CPP would result in the creation of up to 560,000 jobs and add up to $ 52 billion to the nation’s GDP. Those benefits will be lost if the rule is weakened or rescinded, the report says.…

Ohio Committee Suspends FirstEnergy’s Nuclear Power Rescue Plan

May 20, 2017

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Ohio-based FirstEnergy’s plan for a rescue of its two uncompetitive Ohio nuclear plants took a nosedive May 17, as the Ohio House Public Utilities Committee suspended action on the company’s proposal to charge its customers a fee to subsidize the plants.

FirstEnergy’s plan mimics programs adopted in Illinois and New York to create “zero energy credits,” or ZECs, allowing the company to make competitive bids into the PJM regional wholesale market.

The chairman of the House committee, William Seitz, a Cincinnati Republican, suspended further hearings on the measure (House Bill 178). “We have heard over 10 hours of testimony on this bill. I have given proponents and opponents a chance to make their case. I am not sensing a keen desire on the part of the House members to vote on this and doubt that we will have more hearings in the near future unless something cataclysmic happens,” Seitz said.

Cleveland newspaper The Plain Dealer suggested “cataclysmic events might include a decision by FirstEnergy Solutions to seek bankruptcy protection from its creditors or a decision by the company to immediately close its four nuclear power plants.”…

D.C. Circuit Halts Clean Power Plan, Mercury Rule Litigation

April 29, 2017

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In two separate actions over the past 24 hours, the D.C. Circuit granted the Environmental Protection Agency’s (EPA’s) request to suspend cases challenging the Clean Power Plan and the Mercury and Air Toxics Standards (MATS).

The orders are the latest in a series of similar actions over the past month by the D.C. Circuit that paused other major cases challenging Obama-era environmental rules to give the Trump administration more time to review them.

On April 11, the court granted the EPA’s motion to indefinitely delay a decision on challenges to the agency’s 2015 National Ambient Air Quality Standards (NAAQS) for ozone in Murray Energy Corp. v. EPA (No. 15-1385). On April 24, it shelved oral arguments in challenges to the EPA’s rule that requires 36 states to revise emissions exemptions in their state implementation plans for startup, shutdown, and malfunction events at power plants and other facilities. That case, Walter Coke, Inc., et al v. EPA (No. 15-1166), may be reopened depending on the action the EPA decides to take.…

Fight to Keep EPA’s Clean Power Plan Alive Intensifies in Federal Court

April 7, 2017

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A coalition of 24 states and localities have urged a federal court reviewing the merits of the Environmental Protection Agency’s (EPA’s) Clean Power Plan to stall the agency’s recent motion to suspend a case challenging the controversial rule.

West Virginia v. Environmental Protection Agency (No. 15-1363) is arguably the most important set of environmental cases in nearly a decade. For the U.S. power sector, the stakes are particularly high. The sector has grappled with uncertainty about the Clean Power Plan’s future since the Supreme Court issued a stay of the rule on February 9, 2016.

The D.C. Circuit Court of Appeals heard oral arguments in the case before an en banc panel on merits of the EPA’s controversial rule on September 27, 2016.

Twenty-seven states are challenging the legality of the rule finalized by the EPA under the Obama administration. They are: Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming.…