While the Texas 85th legislative session began with the filing of several bills on a diverse range of energy issues, few had made it into law when the session ended on May 29, 2017. The House and Senate passed legislation that impacts wind generation facilities, electric utility rate-setting and the General Land Office’s retail electricity
Proposed Tariffs Could Dramatically Affect Expansion of U.S. Solar Industry
Suniva, Inc., a bankrupt U.S. producer of crystalline silicon photovoltaic (CSPV) cells, filed a petition with the U.S. International Trade Commission (ITC) seeking relief from the effects of importation of foreign manufactured CSPV cells and modules. Suniva requests relief in the form of a minimum price for solar modules imported into the United States and imposition of an additional four-year tariff on all imported CSPV cells and modules that would establish a price-per-watt for inbound foreign competitors double that of current levels.
The requested relief calls for
Court’s 60-Day Abeyance of Clean Power Plan Litigation May Help Efforts to Suspend, Revise, or Rescind Rules
Earlier today, the U.S. Court of Appeals for the D.C. Circuit issued an order granted EPA’s motion to hold the Clean Power Plan litigation in abeyance while EPA reviews the carbon pollution emission guidelines for existing power plants and the standards of performance of new, modified, and reconstructed power plants and, if appropriate, publishes proposed rules suspending, revising, or rescinding those rules. Review of the rules is required by President Trump’s Executive Order targeting climate change regulation (discussed further here).
The motion for abeyance was opposed by numerous parties, including cities and states; Calpine Corporation and municipal power companies; the American Wind Energy Association and Solar Energy Industries Association; and environmental organizations. They argued that
Expedited Schedule Announced for Steel Imports Investigation
As published in a recent Husch Blackwell client alert, on April 26, 2017 the U.S. Department of Commerce (DOC) published a notice in the Federal Register setting out the hearing schedule for the investigation of steel imports that was announced on April 20, 2017. The scope of the investigation appears to be broad and could…
EPA Seeks Input on Repeal, Replacement, or Modification of Environmental Regulations
The U.S. Environmental Protection Agency (EPA) has issued a request for comment soliciting input from the public regarding existing environmental regulations that might be appropriate for repeal, replacement, or modification consistent with President Trump’s executive order regarding enforcing his regulatory reform agenda.
That order directed federal agencies to form
Around the Horn: Trump’s Support for Coal and the Future of Renewables
In the name of job creation, the Trump Administration is attempting to single-handedly bring back the coal industry via executive action. But while the president may be scoring political points in coal country, as a practical matter that’s really not where energy sector job growth will come from in the next few years.
Nevertheless, the past several months have seen a resurgence of the long dormant coal industry. Hampered by a number of factors
NextEra Bid to Acquire Oncor Rejected by PUCT
During the Public Utility Commission of Texas (PUCT) open meeting today, the commissioners unanimously approved, with no substantive discussion, a proposed order finding that the sale of Oncor Electric to NextEra Energy is not in the public interest.
On October 31, 2016, NextEra and Oncor had filed a Joint Report and Application with the PUCT seeking the regulatory approvals required for NextEra to acquire Oncor. NextEra was hoping to acquire both the approximately 80% interest in Oncor indirectly held by Energy Future Holdings Corp. (EFH), which is currently in bankruptcy, and the 19.75% interest indirectly held by Texas Transmission Holdings Corporation. In addition,
Texas PUC Chairman Announces Early Departure
At the start of today’s Public Utility Commission of Texas (PUCT) open meeting, Chairman Donna Nelson announced that May 15, 2017 will be her final day at the commission. This is a month before she was speculated to be leaving the commission. In order to fill her vacant space, the Governor must appoint a replacement.
While the…
Cuts to EPA’s Budget Would Eliminate Climate Protection Programs, Other “Non-Core” Programs
A memorandum issued by the U.S. Environmental Protection Agency’s acting chief financial officer proposes program cuts to accommodate the Trump Administration’s proposed 31% budget reduction for FY 2018. The memo states that this resource level will require evaluating EPA’s priorities and “thinking differently about the best ways to accomplish [its] core statutory responsibilities.”
The proposed cuts make it clear that regulation of climate change or carbon pollution is no longer
Trump’s Executive Order Takes a Multi-Faceted Approach to Eliminating Climate Change Regulation
Fulfilling repeated campaign pledges to roll back the Obama administration’s climate change initiatives, President Trump signed a sweeping executive order yesterday targeting key Obama-era regulations, including the Clean Power Plan and emission standards for the oil and gas industry. The executive order states that it is in the interest of the nation to promote development of energy resources “while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation.” The multi-faceted approach taken by the order makes it clear that this Administration views any regulation of climate change or carbon pollution as “unnecessary.”