Power Generation

The State and Local Legal Center (SLLC) filed a Supreme Court amicus brief in Virginia Uranium v. Warren arguing that Virginia’s ban on uranium mining isn’t preempted by the Atomic Energy Act (AEA).

Virginia has the largest known uranium deposit in the United States. Since its discovery in the 1980s the Virginia legislature has banned uranium mining. Unsurprisingly the land owner, Virginia Uranium, wants to mine. It sued the state arguing the ban is preempted by federal law.

CSG Midwest
With one glance at the most recent U.S. rankings on solar energy, it becomes clear the Midwest has a long way to go if it wants to catch up to other regions on the use of this renewable source. Only Minnesota and Indiana placed in the top half of states as of 2017. But in a third Midwestern state, Illinois, big changes appear on the horizon, with landowners and county governments alike showing interest in making solar a new “cash crop” — whether it be on farmland, brownfields or even publicly owned property.
Climate Adaptation

Earlier this year, electric utility FirstEnergy announced that it would close three nuclear power plants—Beaver Valley in Pennsylvania, Davis-Besse and Perry nuclear plants in Ohio—by 2021.

According to an analysis done by the research firm Brattle Group, the retirement of these three nuclear...

Virginia has the largest known uranium deposit in the United States. Since its discovery in the 1980s the Virginia legislature has banned uranium mining. Unsurprisingly the land owner, Virginia Uranium, wants to mine. In Virginia Uranium v. Warren the Supreme Court will decide whether the Atomic Energy Act (AEA) preempts the ban.

The AEA allows states to “regulate activities for purposes other than protection against radiation hazards.” Virginia and Virginia Uranium agree uranium mining isn’t an “activity” per the AEA so states may regulate it for safety reasons. Uranium-ore milling and tailings storage are “activities” under the AEA so states can’t regulate them for safety reasons. Milling is the process of refining ore and tailings storage refers to the remaining (radioactive) material which must be stored.

CSG South

Part II in a series, this report explores the resources, capacity and transmission; policies and incentives; and economic impacts of wind energy generation in three Southern states: Texas, Oklahoma and Virginia.

CSG Midwest
In Midwestern communities that host nuclear power plants, the utilities generate more than just electricity. The Nuclear Energy Institute estimates that, on average, a nuclear power plant pays almost $16 million in state and local taxes each year.
Today’s energy markets are being driven by abundant and inexpensive natural gas, which is good for ratepayers, but bad for nuclear generators.
“Nuclear plants make the bulk of their income by energy sales, and the average price of a megawatt hour is down sharply in energy markets around the country,” says Matt Wald, a spokesman for the institute. “In some places, this price is lower than the cost of operating the nuclear reactor.”
Unfavorable market conditions led FirstEnergy, the utility that owns the Davis-Besse and Perry nuclear power plants in Ohio, to seek a devaluation — or reduction in the taxable value — of its plants. The devaluations were granted by the Ohio Department of Taxation in early October, meaning municipalities will see the first impact of the tax payment changes in 2018. State officials approved a 73 percent reduction in the tax valuation of Davis-Besse, from $184 million to $49 million.
Climate Adaptation

The states of Massachusetts, New York, and Rhode Island released three reports (see here, here, and here) last week that together set out a roadmap for the development of offshore...

CSG Midwest
In the northwest part of Ohio that he represents, state Sen. Cliff Hite says, “wind is our shale,” an energy resource that has the potential to boost revenue on agricultural land and improve the region’s entire economy.
And the comparisons don’t stop there.
Just as the hydraulic fracturing boom has raised questions about siting and government regulations, so too has wind power. Three years ago, responding to concerns about the impact of wind-turbine installations on adjacent landowners, the Ohio Legislature tripled the state’s setback requirements for turbines, a move that Hite and others say halted the development of wind energy. 
Under the 2014 law, for any operation with generating capacity of 5 MW or more, Ohio now requires a 1,125-foot minimum setback from the base of the wind turbine (plus the length of its blade) to the edge of the property line. That marked a big change from the state’s previous standards — first, a requirement that the setback from the property line be 1.1 times the height of the turbine, which amounts to about 550 feet; second, that there be a 1,125-foot setback from the turbine to the nearest home (the 2014 law changed the requirement from home to property line).
As a result of this statutory change, wind-energy proponents say, Ohio now has the most stringent siting rules in the country. In states such as Illinois and South Dakota, for example, a turbine must be set back at a distance from the property line that is 1.1 times its height. Under the Ohio law, it is approximately 2.3 times the height of the average turbine.  
Climate Adaptation

Twenty-Three regulators and legislators from around the country attended the CSG “Building Relationships Between Regulators and Legislators” Policy Academy on September 13-15 in Washington DC. The policy academy provided a forum for state regulators and legislators to engage and collaborate with each other on energy resource planning. In addition to participating in breakout discussions, attendees heard from representatives of the electric utility industry, industry associations, academics, think tank researchers, and others about...

The coal industry has been on a bumpy ride in recent years. The industry has seen a wave of bankruptcies and mine closures in the face of falling demand and efforts to reduce carbon emissions. Jobs losses in the industry have led to economic devastation in already struggling communities across eastern Kentucky, southern West Virginia, and southwestern Virginia.

Bringing back coal mining jobs and reviving the coal industry is at the top of President Donald Trump’s energy agenda. But it is unclear whether the federal government has the power to disrupt a complex set of trends that have to do with market forces and technology, in addition to regulations.

This brief first looks at the current state of the U.S. coal industry. It then discusses a variety of trends that have impacted the coal industry over the past several decades as well as in the last few years. While environmental regulations have certainly played a part, this brief argues that there are other, likely stronger influences at work. The brief closes by discussing the outlook for coal’s future.

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