Category — Operations

Importers, suppliers, and manufacturers hoping to cash in on federal stimulus money for renewable energy projects provided under the American Reconstruction and Reinvestment Act (ARRA) should be aware of the “Buy American” provisions contained in the bill.  In an effort to ensure that federal stimulus money stays in the country, iron, steel, and manufactured goods funded, in whole or in part, by federal stimulus money must meet the requirements of the Buy American provision, with some exceptions. [Read more →]

On October 26, 2010, the North American Electric Reliability Corporation (“NERC”) released a Special Assessment, “Potential Resource Adequacy Impacts of U.S. Environmental Regulations” (the “Assessment”), which examines the impact of four potential Environmental Protection Agency (“EPA”) rules and proposed rules which could result in generating unit retirements or forced retrofits between 2013 and 2018.  The four potential EPA rules are: (1) Clean Water Act- Section 316(b), Cooling Water Intake Structures (“Water Rule”); (2) Title I of the Clean Air Act-National Emission Standards for Hazardous Air Pollutants for the electric power industry, or (“MACT standard”); (3) Clean Air Transport Rule (“CATR”); and (4) Coal Combustion Residuals (“CCR”) Disposal Regulations.  NERC determined that the Water Rule had the “greatest potential impact” on Planning Reserve Margins, or the amount of generation capacity available to meet expected demand plus a reserve margin in the planning horizon in the various reliability regions of the country. [Read more →]

On October 7, 2010, the North American Electric Reliability Corporation (“NERC”) issued an industry alert asking for transmission facility owners to create a plan to review their facility ratings and report that plan back to NERC by December 15, 2010. [Read more →]

Assateague Coastkeeper et als. v. Alan and Kristen Hudson Farm and Perdue Farms Incorporated, Civil Action WMN-10-cv-0487, D.Md. (slip op. dated July 20, 2010).

Defendant Perdue Farms Incorporated (“Perdue”) unsuccessfully sought dismissal of this Clean Water Act citizen’s suit, even though it did not own or directly operate the Hudsons’ chicken growing operation. This case thus extends citizen’s suit liability to parties, like Perdue, who are not directly responsible for water pollution but have sufficient control over the water-polluting activities of their contractors. [Read more →]

On April 5, 2010, the New York Independent System Operator (“NYISO”) released its annual New York State energy report, Power Trends 2010: New York’s Emerging Energy Crossroads (the “Report”).  The Report identified the key energy issues for New York along with several NYISO initiatives in place to address topics like energy efficiency, smart grid technology, renewable resource development, and transmission congestion.  More generally, the Report also touched upon the effects of the recent economic downturn and how it will be a key driver of all issues discussed in the Report. [Read more →]