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Category Archives: Energy

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FERC Rejects Jordan Cove LNG Project

On March 11, 2016, FERC denied the application for Jordan Cove’s proposed LNG export terminal and associated facilities on Coos Bay, Oregon, as well as the related Pacific Connector Gas Pipeline, a proposed 232-mile long, a 36-inch diameter interstate pipeline with capacity of approximately 1.02 Bcf per day to connect the Terminal to a liquid point.

FERC and NERC Issue Report on Electric Grid Recovery and Restoration

On January, 29, 2016, the Federal Energy Regulatory Commission (FERC) issued a report on electrical grid recovery and restoration planning (Report). The Report was a collective effort authored by staff at FERC and the North American Electric Reliability Corp. (NERC), as well as representatives from the eight regional entities to which NERC has delegated certain compliance and enforcement authority.

FERC Adopts Revised Reliability Standards for Cybersecurity

On January 21, 2016, the Federal Energy Regulatory Commission (FERC) issued a final rule adopting seven revised critical infrastructure protection (CIP) Reliability Standards addressing cybersecurity of the electric grid, as initially proposed in July 2015. The revised standards were developed by the North American Electric Reliability Corporation (NERC), the FERC-certified Electric Reliability Organization, in response to FERC Order No. 791.

An Illuminating Note on Products Containing Small Amounts of Radioactive Materials

The U.S. Nuclear Regulatory Commission recently issued a proposed civil penalty of $28,000 to a watch seller for apparent violations of requirements related to importing and distributing watches containing radioactive material. The watches contain a small amount of tritium encapsulated in glass vials, which enables the markers on the watch face and hands to glow and be seen in low light.

G2 LNG Initiates Pre-Filing Process with FERC

G2 LNG, LLC (G2 LNG) has requested that the Federal Energy Regulatory Commission (FERC) initiate its NEPA pre-filing review process for G2 LNG’s proposed Calcasieu River LNG project in Cameron Parish, La. The planned facility would export up to 14 million metric tonnes of liquefied natural gas (LNG) annually. G2 LNG will site, construct, own, and

G2 LNG Awards FEED Contract to KBR

G2 LNG, LLC (G2) has awarded a contract for Federal Energy Regulatory Commission (FERC) Front End Engineering Design (FEED) engineering and FERC report pre-filing services to KBR Inc. for G2’s liquefied natural gas (LNG) export terminal on the Calcasieu Ship Channel in Louisiana.

Back to the Future — Advanced Reactor Prototype

Whether you’re a large multinational corporation or a growing business new to the nuclear industry, figuring out how to license a new and innovative reactor technology can be a complex and time-consuming task: a task made even harder when you’re considering building a reactor prototype before applying to the U.S. Nuclear Regulatory Commission (NRC) for

The Fifth Circuit’s Migratory Bird Treaty Act decision in Citgo has broad implications for the U.S. Fish & Wildlife Service’s enforcement and permitting programs

The Court of Appeals for the Fifth Circuit reversed Citgo Petroleum Corporation’s criminal conviction in the Southern District of Texas and held that the Migratory Bird Treaty Act’s (MBTA) ban on bird “takings” only prohibits intentional acts that directly kill migratory birds. In addition to the operation of oil and gas facilities, the Fifth Circuit

Western District Texas Court Grants Summary Judgment for PBPA Plaintiffs and Vacates Lesser Prairie Chicken Listing Decision

In a first-of-its-kind ruling and a significant victory for state wildlife agencies, landowners, ranchers, farmers, and the oil and gas industry in Texas, New Mexico, Oklahoma, Kansas, and Colorado, the U.S. District Court for the Western District of Texas, in Permian Basin Petroleum Association (PBPA) et al. v. Department of the Interior (DOI), et al.,

White House and EPA Release Final Clean Power Plan With Significant Changes

On August 3, 2015, the White House and the Environmental Protection Agency (“EPA”) released the final Clean Power Plan, which establishes national carbon emissions standards for existing power plants pursuant to section 111(d) of the Clean Air Act.  The Plan is estimated to reduce carbon dioxide emissions by 32 percent from 2005 levels by 2030,

Delfin LNG Submits Application for First Liquefied Natural Gas Export Deepwater Port

Delfin LNG LLC (Delfin) has submitted an application to the Maritime Administration (MARAD) and the United States Coast Guard (USCG) to construct, own, and operate the Delfin LNG Project (Port Delfin) under the Deepwater Port Act (DWPA). The proposed Project would be located approximately 50 miles off the coast of Cameron Parish, Louisiana in the

Fish and Wildlife Service evaluates new permit program for incidental takes of migratory birds

The Fish and Wildlife Service is evaluating the development of an incidental take permitting program under the Migratory Bird Treaty Act (MBTA). The MBTA is a statute of very broad reach, prohibiting the killing of some 1,027 species of birds in the United States. The proposed program would affect planned energy and infrastructure projects that could

President Obama’s Visit to India Raises Hopes for More Significant Nuclear Cooperation With India but Leaves Lingering Uncertainty for Suppliers

President Barack Obama’s January 2015 visit to India began with the announcement of an agreement with Prime Minister Narendra Modi to facilitate cooperation between the two countries on civilian nuclear technology. Read More: Obama’s Visit to India Raises Hopes for More Significant Nuclear Cooperation With India but Leaves Lingering Uncertainty for Suppliers

Department of Energy issues Final Rule amending its nuclear export control regulations

On 23 February 2015 the Department of Energy (DOE) published a Final Rule in the Federal Register (80 Fed. Reg. 9359) (Final Rule) to amend the Part 810 Regulations (10 C.F.R. Part 810), which govern the export and re-export of unclassified nuclear technology and assistance. This Final Rule is the first comprehensive updating of the

Department of Energy Issues Final Rule Amending its Nuclear Export Control Regulations

On 23 February 2015 the Department of Energy (DOE) published a Final Rule in the Federal Register (80 Fed. Reg. 9359) (Final Rule) to amend the Part 810 Regulations (10 C.F.R. Part 810), which govern the export and re-export of unclassified nuclear technology and assistance. Read more: Department of Energy Issues Final Rule Amending its

FERC Largely Disclaims Jurisdiction Over Certain LNG Project Facilities; Incoming Chairman Bay Dissents in Part

On September 4, 2014, the Federal Energy Regulatory Commission (Commission or FERC) issued two orders declining to exercise jurisdiction over the siting and construction of two proposed liquefied natural gas (LNG) projects designed to liquefy domestic and imported natural gas and send it by truck, rail, or vessel to ultimate end-users of the LNG, while clarifying that it retains jurisdiction over certain sales of LNG in interstate commerce.

FERC Office of Enforcement issues a notice of alleged violation in the Powhatan Energy Fund case

On August 5, 2014, the Federal Energy Regulatory Commission’s (FERC) Office of Enforcement issued a notice of alleged violation (NAV) in the Powhatan Energy Fund case. FERC alleges that Powhatan trader Alan Chen manipulated the PJM power market with uneconomic trading activity designed solely to collect payments for surplus losses in violation of FERC Rule

EPA Issues Final Cooling Water Intake Structure 316(b) Rule for Existing Facilities

On 19 May 2014, the U.S. Environmental Protection Agency (EPA) released a long-awaited final rule establishing requirements governing the location, design, construction, and capacity of cooling water intake structures (CWIS) at existing power generating and manufacturing facilities. Pursuant to section 316(b) of the Clean Water Act (CWA), the EPA is required to establish the “best

Congress Turns its Attention to LNG Exports: Legislation to Accelerate the Pace of Department of Energy LNG Export Approvals Becoming Increasingly Likely in 2014

On May 2, 2014, a coalition of U.S. Senators sent a letter to the White House urging quick review and action on a series of pending permits for liquefied natural gas (LNG) export facilities. The letter comes on the heels of action this week by the House Energy and Commerce Committee to advance legislation to