The Energy & Environmental User Blog

Pennsylvania, Other States to Consider Climate-Change Regulation Despite Federal Inaction If you think the federal government’s inaction on climate change has stalled all agency regulation of greenhouse gases (“GHGs”), think again. Although the current federal administration may not be moving forward with any new restrictions on GHG emissions, state- and regional-level proposals and plans are in the works. For example, one significant development in Pennsylvania occurred in late November 2018, when the Clean Air Council…
Our Energy and Environmental Practice Group issued a client alert today related to a rule released by the EPA and USACE that deals with “waters of the United States.”  The rule will impact land development and permitting.  The first two paragraphs of the article are reproduced below and additional details and the full text of the alert are available here. On December 11, 2018, the Environmental Protection Agency (“EPA”) and the Army Corps of…
On November 7, 2018, the Pennsylvania Public Utility Commission’s (“PUC” or “Commission”) Damage Prevention Committee (“DPC”) held its inaugural meeting in Harrisburg, Pennsylvania.  The DPC is a creation of Act 50 of 2017, which enhances Pennsylvania’s Underground Utility Line Protection Law (i.e., the “One Call Law”) to prevent accidental strikes. Comprised of excavators, utilities, municipalities, and regulators, the DPC operates collectively to review incidents, identify what went wrong, and issue corrective actions (including penalties).  These…
On November 29, 2018, the Pennsylvania General Assembly’s Nuclear Energy Caucus (“NEC”) released the “Bicameral Nuclear Energy Caucus Report” (“Report”) that details the NEC’s findings on nuclear energy issues during the 2017-2018 Legislative Session.  The Report finds that Pennsylvania’s five nuclear plants provide numerous benefits, including supporting jobs, providing zero-emissions energy, moderating electricity prices, and ensuring grid resilience and reliability.[1]  As a result, to avoid adverse “employment, economic, and environmental impacts…
Recently, the Pennsylvania Department of Environmental Protection (“DEP”) issued a notice that the final draft of the Finding Pennsylvania’s Solar Future plan (“Solar Plan”) will be released this fall.  After receiving comments from businesses, utilities, nonprofits, academia, and citizens, the DEP will hold another stakeholder meeting on November 15, 2018, to discuss the final Solar Plan and present the draft strategy support guide. By way of background, the Solar Plan began in 2017 as a statewide…
On October 11, 2018, the Commonwealth Court of Pennsylvania (“Court”) vacated the Pennsylvania Public Utility Commission (“PUC”) Order approving the acquisition of the wastewater system assets of New Garden Township and New Garden Sewer Authority (collectively “New Garden”) by Aqua Pennsylvania Wastewater, Inc. (“Aqua”).[1]  Aqua’s Application sought PUC approval of the acquisition, a Certificate of Public Convenience to furnish wastewater service to customers in and around the service territory of New Garden, and,…
On June 21, 2018, PJM Member GreenHat Energy, LLC, defaulted on a $1.7 million weekly invoice for an FTR position payable to PJM.  PJM does not absorb the cost of market defaults; rather, PJM Members cover the cost of market defaults through a “default allocation assessment” charged to all PJM Members.  The value of the weekly invoice that was the basis of GreenHat’s original default translates to a default allocation assessment to PJM Members totaling…
Capacity prices cleared PJM Interconnection LLC’s (PJM) most recent auction for the “rest of RTO” region at $140.00 per megawatt-day (MW-day) for the PJM delivery year June 1, 2021 through May 31, 2022.  The rest of RTO region represents all of the unconstrained zones of PJM and makes up the majority of the PJM footprint.  The clearing price of this auction is roughly double the result for the rest of RTO region for the prior…
On April 5, 2018, the Pennsylvania Public Utility Commission (“PUC” or “Commission”) issued a Final Policy Statement Order on Combined Heat and Power (“CHP”).  The Commission seeks to promote and advance the development of CHP systems and facilities in Pennsylvania.  The Commission will require electric distribution companies (“EDCs”) and natural gas distribution companies (“NGDCs”) to file biennially a report that documents the utility’s strategies, programs, and other initiatives in support of CHP.  Importantly, the Final…
Across much of the United States, the number of municipalities imposing stormwater management fees upon property owners has increased dramatically in recent years.  The rising prevalence of stormwater management fees has predictably led to local and state court challenges by businesses, as non-residential property owners are typically more severely impacted by stormwater management fees in comparison to residential property owners.  Affected businesses have questioned whether parcel-based stormwater fees constitute legitimate fees for services rendered or…