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PHMSA Issues COVID-19 Notice Relaxing Enforcement Actions for Gas and Liquids Pipelines, Gas Storage Facilities and LNG Facilities

by Kelly A. Daly In response to the Declaration of a National Emergency relating to the coronavirus outbreak (COVID-19), the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety issued an important notice to operators of gas pipelines and storage facilities, hazardous liquids pipelines and liquified natural gas facilities. The […]

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The NRC Responds to Nuclear Plant Work-Hour Concerns Prompted by COVID-19

by Kelly Daly The Nuclear Regulatory Commission announced that it is prepared to grant temporary exemptions from work-hour controls when the COVID-19 virus adversely impacts staffing levels at nuclear plants such that the applicant can no longer meet the work-hour control requirements provided that the applicant can demonstrate that fatigue-management controls are in place. Specifically, […]

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The COVID-19 Impact on Renewable Energy Projects

by Patrick J. Paul The COVID-19 pandemic continues to wreak havoc on a host of industries worldwide and the renewable energy market is not exempt.  In the U.S., the renewable market is likely to be impacted by supply chain and construction disruptions caused by the coronavirus spread.  These delays may further negatively impact existing power […]

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FERC Adopts Favorable Buckeye XPress Environmental Assessment; Greenhouse Gas Emissions Not A Prohibitive Factor

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant impact” on “the quality of the human environment.”[2]  The EA conditions approval on adherence to all […]

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Former Associate

FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.”[2]  The Natural Gas Act (“NGA”) provides that “[w]hen any holder of a certificate . . . cannot acquire by contract . […]

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FG
Former Associate

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

by John W. Andrews The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection under the federal Endangered Species Act (ESA).  Because the sage grouse is widespread among sagebrush steppe habitat, […]

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Are Smart Grids Smart Enough to Prevent Cyber Attacks?

by Raymond Heyman As electric utilities move towards the implementation of smart grid software and hardware, an area of interest is potential exposure to cyber attacks. The electric grid generally refers to the network of transmission lines, substations, transformers and related equipment that delivers power from generators to businesses and homes. “Smart grids” integrate digital […]

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Former Partner

Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

by Denise A. Dragoo On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and improvements have been halted or delayed by state, local and tribal governments in California, Washington and […]

Arizona Corporation Commission Presses Forward with New Energy Policies and Potential Updates to Energy Rules

by Michael W. Patten Over the past two years, the Arizona Corporation Commission (ACC) has been considering how to address the rapidly changing electric energy landscape.  Through a variety of proceedings, the ACC is reviewing existing energy-related rules, considering (and adopting) policy statements regarding emerging issues and conducting workshops on a variety of energy-related topics. […]

Midterm Election Impacts on Electric Power Industry

by Matt Derstine Aside from deciding high profile Senate, House and governor races across the country, the midterm elections impacted a variety of electric power industry issues at the state and federal level. State Midterm Elections Mixed results on ballot initiatives to increase renewable energy mandates. Arizona and Nevada voters were presented with virtually identical […]

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