Coal-fired

The Environmental Protection Agency regulates emissions of particulate matter based on the mass of those emissions—not on the toxicity of the particular components. A growing body of evidence shows that different kinds of particulates affect health differently. Research by the Electric Power Research Institute suggests that in order to most effectively protect public health, the EPA’s next round of air quality standards should differentiate between relatively benign sulfate or nitrate compounds, and more harmful trace metals in particulate emissions.

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.

New baseload generation is needed in many areas of the United States, but financing new plants will be particularly challenging in restructured states where generation facilities are no longer included in rate base and therefore not financed through the traditional rate-of-return paradigm. A market hybrid approach—in which new baseload plants would be partially owned and financed by the regulated distribution company with the other portion owned and financed by the unregulated generation company—would combine the advantages of lower cost capital and regulatory oversight associated with traditional rate of return regulation, with the cost control and efficiency associated with competitive markets.

In light of coming GHG legislation, price transparency is the key to achieving cleaner generation through the dispatch of lower-carbon sources.

As energy issues take center stage in the policy debate, state attorneys general increasingly are using their political influence and legal authority to affect a wide range of areas—from greenhouse-gas emissions to siting and development of infrastructure projects. Working constructively with state AGs can help utilities avoid becoming targets of investigation and litigation.

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.

‘Capture readiness’ hasn’t helped coal projects move forward, but a firm commitment might make the difference.

(September 2008) In July 2008, two pronouncements on energy policy were made by well-known and respected public figures, T. Boone Pickens and Al Gore. While the T. Boone Pickens and Al Gore proposals are timely and merit further evaluation, at this time continued dependence on oil imports and only modest progress in replacing fossil fuel use for power generation have to be accommodated.

Originally developed to compensate U.S. electric utilities for regulatory assets rendered uneconomic by deregulation, so-called “stranded-cost” securitization techniques are finding new applications. To date, utilities have issued approximately $40 billion of stranded-cost securitizations. That number could increase dramatically if the industry applies well-tested securitization techniques to the extraordinary costs it faces in the future.

Lenders know there are billions of dollars of weak financial assets in the market, such as securities backed by bad mortgages. The problem is no one knows who is exposed at what level to those weak financial assets. This causes a lack of confidence in the lending industry, and a credit crunch that — if unabated — could cause a recession.