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Several States Urge Federal Court to Rule on Clean Power Plan

September 6, 2018

Seventeen states have asked the U.S. Court of Appeals for the D.C. Circuit to reject the Trump administration’s efforts to further delay the court’s decision on legal challenges to the Clean Power Plan.

In a filing with the court on September 4, the attorneys general of California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington, noted that the case—State of West Virginia, et. al. v EPA (No. 15-1363)—claimed that the U.S. Environmental Protection Agency (EPA) has taken “undue advantage” of the now 18-month-long abeyance granted to the agency by the federal court to allow it to review the rule.

The states were joined by the District of Columbia, and the cities of Boulder, Colorado; Chicago, New York, Philadelphia, and South Miami, as well as Florida’s Broward County.

The EPA is “prolonging the delay through a series of notices that do not come close to fulfilling EPA’s statutory obligations,” the filing claims.…

Group: Indiana Should Reject Vectren Plan for New Gas-Fired Plant

August 15, 2018

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An Indiana consumer protection agency has told state regulators they should reject Vectren Corp.’s plan to build a new natural gas-fired power plant in the state. Vectren wants the plant to replace four of the utility’s retiring coal-fired units.

Indiana’s Office of Utility Consumer Counselor (OUCC) on August 13 said it completed a five-month legal and technical review of Vectren’s request. In a news release, the OUCC’s Bill Fine said, “Any electric utility that seeks to overhaul its generation fleet today must evaluate all possible options. It must also carefully examine the ways the options would impact its customers in terms of both money and electric reliability. In this case, Vectren has not evaluated all options or shown that it is proceeding in the most prudent manner.”

Evansville-based Vectren in a statement in response said it feels confident “that our generation plan is the best option for our electric customers in southwestern Indiana. The new natural gas plant will provide reliable, cleaner energy in addition to local jobs in Posey County.”…

EPA Sends Replacement for Clean Power Plan to Trump

July 11, 2018

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The Trump administration is moving forward with its effort to replace the Clean Power Plan, with the president set to review a document sent to the White House on July 9.

The Environmental Protection Agency (EPA) on July 10 said a new rule, which insiders said would be more favorable to the coal industry, was sent to the president on Monday. The document itself has not been released. The EPA in a statement Tuesday said would seek public comment on the new measure only after a White House review is completed. EPA spokeswoman Molly Block in a statement said the agency would move quickly on the replacement rule but did not provide a timeline.

Trump has repeatedly said the Clean Power Plan (CPP), pushed by the Obama administration, was part of the previous president’s “war on coal.” The CPP was part of that administration’s push for tougher environmental regulations and pollution standards for power generation and other industries. Trump has moved to support both coal and nuclear power, asking for government intervention in power markets to help both coal and nuclear power plants.…

Don’t Let EPA Stall on Clean Power Plan, 17 States Tell Federal Court

January 20, 2018

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The Environmental Protection Agency’s (EPA’s) recent request that the D.C. Circuit hold a case challenging the Clean Power Plan in additional abeyance until it concludes rulemaking has been strongly opposed by 17 states and several cities.

The EPA, in its latest 30-day court-required status report filed on January 10, asked the federal court for continued abeyance of the massive case. The court heard oral arguments on the merits of the Obama administration’s legacy rule to curb carbon dioxide emissions from power plants 16 months ago.

But in a joint filing with the court on January 17, 17 states—California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington—along with the District of Columbia, New York City, Florida’s Broward County, Boulder (Colorado), Chicago, Philadelphia, and South Miami, urged the court to deny additional abeyance.

“Neither EPA’s proposed repeal of the Clean Power Plan nor its prolonged and uncertain plans to replace the rule justify additional abeyance,” the parties argued.…

CPUC Backs PG&E Plan to Retire Diablo Canyon Nuclear Plant

January 12, 2018

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California regulators have approved Pacific Gas & Electric’s (PG&E’s) application to retire the Diablo Canyon nuclear plant by year-end 2025, ending a protracted battle over the generating station that pitted local economic interests against environmentalists and other opponents of nuclear power.

The state Public Utilities Commission (CPUC) on January 11 voted unanimously to accept PG&E’s request to decommission the two reactors at the plant near Avila Beach when operating licenses for the units expire in November 2024 and August 2025, respectively. The 2,256-MW plant is the lone remaining operating nuclear facility in California.

The CPUC also authorized PG&E to recover from ratepayers $ 241.2 million in costs associated with the retirement: $ 211.3 million to keep employees until the plant in closed; $ 11.3 million to retrain displaced workers; and $ 18.6 million for operating license renewal costs.

CPUC President Michael Picker, the commissioner assigned to today’s proceeding, said “Diablo Canyon has been a source of reliable and clean electricity, and employment, in San Luis Obispo [County] for many years now.…

FERC’s Chatterjee Has Interim Plan to Prop Up Coal, Nuclear Plants

November 16, 2017

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Federal Energy Regulatory Commission (FERC) Acting Chairman Neil Chatterjee, who has said he is “sympathetic” to a rule that would help prop up struggling U.S. coal and nuclear power plants, apparently is ready to move forward with an interim plan to keep financially troubled plants operating while his agency continues to consider a market-changing cost proposal from the Department of Energy (DOE).

Utility Dive on November 15 reported that Chatterjee is “considering regulatory action,” saying FERC could issue a “show cause” order directing regional transmission organizations (RTOs) and independent system operators (ISOs) to update market tariffs to keep baseload plants, or those with “necessary resilience attributes,” operating or show why those plants should not continue to remain online. That would provide time for FERC to institute rules regarding electricity grid resilience and market compensation.

Neil Chatterjee, acting chairman of FERC, says he is ready to implement an interim plan to help struggling coal and nuclear plants. Courtesy: FERC

Chatterjee, who said he has not detailed his plan with other FERC staff, told Utility Dive his proposal would be “messy” and “uncomfortable.”…