(December 2009)

With the administration and Democratic lawmakers in Congress pushing to enact greenhouse-gas (GHG) regulation, nuclear power has taken center stage as both a clean technology solution and a political bargaining chip. Consequently, the industry’s hopes for new construction projects have brightened considerably. Whether this policy momentum can usher in a sustainable nuclear renaissance, however, remains questionable at best.

For more than 50 years, the federal government has failed to manage spent nuclear fuel (SNF) and high-level radioactive waste (HLW), imposing the burdens for this critical function on the private sector. Nuclear plant operators incurred upwards of several hundred million dollars per reactor in uncompensated expense and risk premiums, and potentially face decades of additional costs and risks coping with SNF and HLW.

Lawyers get a bad rap in this country, and in some cases it’s well earned. However, during the month of October I enjoyed the distinct privilege of interviewing nearly a dozen of the industry’s most insightful, informed and hard-working people—all of them law-firm lawyers serving energy companies, regulatory agencies and customer groups.

The potential for a federal renewable energy standard (RES) and carbon regulation, considered with the effect of state-imposed renewable energy standards, is fueling a strong, but challenging, market for renewable energy. Utilities are competing to sign up the best new projects, the types of renewable technologies available are increasing, and there are various government stimulus programs for energy; yet, the financial markets still are hesitant. Against this backdrop, how should contracts for power from new renewable resources be shaped so that those deals will look as good five, 10 and 15 years after execution as on the day the ink dries?

(November 2009) Regulators are in the unenviable position of determining an allowance for ROE that’s fair to consumers and investors in a volatile economy. The cases that stand out this year are those in which regulators explored the limits of their discretion.

This year has marked a sea change in energy policy, from environmental compliance to transmission pricing. Fortnightly interviews top lawyers to better understand how regulatory developments are affecting the power and gas industries.

The economy has put state commissioners and regulated utilities in precarious positions. Seven state chairmen explain how they’re applying fair rate treatment.

To fulfill the promise of the smart grid, utilities need to give consumers a greater range of options as well as the education to make sustainable, energy-saving decisions. That includes integrating demand management into the utility back-office.