Energy and Utilities Law Commons^™

Distributed Energy Resources, "Virtual Power Plants," And The Smart Grid, Joel B. Eisen

Law Faculty Publications

The specific focus of this Article is on the "virtual power plant" (VPP) concept, an intriguing idea that involves an aggregation of DERs to provide a "fleet" of resources that can serve as the functional equivalent of a traditional power plant. As the name suggests, this fleet of DERs can add up in the aggregate to the equivalent of a significant resource. Under certain conditions, this resource can be used on the grid (i.e., dispatched) much as a conventional power plant would be. This could reduce demand for fossil fuel-fired plants by enabling a utility to avoid generating electricity or …

Introductory Remarks: International Energy Governance, Lakshman Guruswamy

Publications

No abstract provided.

Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies

BYU Law Review

No abstract provided.

Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister

BYU Law Review

No abstract provided.

Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White

Washington Journal of Environmental Law & Policy

This article rebuts certain assertions made by Mr. Thomas Schlosser in a recent article entitled Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements. The Klamath hydroelectric dams are not causing degrading fish disease conditions in the Klamath Basin. Dewatering Trust Responsibility overlooks the effects of water diversions for agriculture, pollution from pesticides and industrial operations and habitat degradation from timbering, ranching and other human activities on current Basin conditions. Under the Klamath Hydroelectric Settlement Agreement and the Federal Energy Regulatory Commission license, PacifiCorp is taking extensive measures to protect aquatic resources in the Basin prior to …

Regulation, "Republican Moments," And Energy Policy Reform, David B. Spence

BYU Law Review

No abstract provided.

Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller

William & Mary Environmental Law and Policy Review

There is wide agreement across the political spectrum that the United States should develop domestic, renewable sources of energy. There are many ways to describe the challenges of a transition from a fossil fuel economy to one fueled by atoms, the sun, or the wind, but in a nutshell, the problem is said to be cost: the basic reason the United States continues overwhelmingly to rely on fossil fuels is that they are comparatively cheap, and alternative energy is relatively expensive.

Or so it seems. This Article is intended to encourage more open discussion about real energy costs. To keep …

India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan

William & Mary Environmental Law and Policy Review

No abstract provided.

The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham

William & Mary Environmental Law and Policy Review

This Article first discusses the technological issues surrounding the BP Deepwater Horizon and summarizes how regulator and industry reliance on an inadequate fail-safe device played a crucial role in this disaster. Next, I discuss the fundamentals of carbon capture and sequestration, hydraulic fracturing, and geoengineering; that is, I attempt to capture what they involve, followed by the environmental and human health risks they present. I then summarize the current or proposed regulation of these technologies and analyze whether those regulations are sufficient to adequately protect human health and the environment. I conclude with recommendations for policymakers and regulators to consider …

The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong

William & Mary Environmental Law and Policy Review

No abstract provided.

A Comparison Of Renewable Portfolio Standards And Feed-In Tariffs As Legislative Mechanisms To Provide Renewable Power Incentives: Impacts On Power Supply, Transmission, And Grid Intermittency, Steven Ferrey

Suffolk University Law School Faculty Works

A federalist form of government is used in several important nations, including the United States, Germany, India, Australia, Brazil, Canada, Malaysia, and Switzerland. A federalist form of government divides political sovereignty between a central federal authority and constituent states or provinces. To implement new government policy regulating private power, the challenging transcendent issues are legal and regulatory, rather than technical. Certain measures in various industrialized countries, when implemented at the state rather than federal level, must be designed and implemented carefully to achieve a legal, regulatory fit in a federalist system of government.

For purposes of comparison, this article considers …

The One Percent Problem, Kevin M. Stack, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Parties frequently seek exemption from regulation on the ground that they contribute only a very small share to a problem. These one percent arguments are not inherently questionable; it can be efficient to exclude relatively small contributors. These arguments for exemption garner broad acceptance in part because they appeal to behavioral biases that induce individuals to discount or ignore small values. But when a regulatory problem can be solved only by regulating small contributors, accepting one percent arguments creates what we call the one percent problem. This Article shows that this general problem for regulation has particularly damaging effects on …

Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz

Buffalo Environmental Law Journal

The Marcellus Shale natural gas play is largely considered a "game changer" for the US. energy sector as recent technological breakthroughs in drilling techniques and technologies have made natural gas extraction from this massive play commercially viable. This note not only examines the primary driving forces behind the development of this pla, but also how the extent and pace iwith ihich it is developed will affect doinstream energy markets. In particular three categories of factors are evaluated: legal challenges, regulatory controls, and infrastructure development. Tiwo models of growth and their effect on downstream markets are then proposed and analyzed.

Requirements For A Renewables Revolution, Felix Mormann

Faculty Scholarship

This Article identifies and analyzes the obstacles presently barring the rise of renewables, evaluates the role of the current policy favorite emission pricing, and offers design recommendations for a comprehensive U.S. renewables policy.

Successful climate change mitigation requires a timely shift to renewable sources of energy, such as sunlight, wind or tides, to decarbonize today’s high-carbon electricity sector. But market pull alone is not strong enough. This Article discusses the most widely cited economic barriers and identifies and evaluates additional obstacles related to the electricity sector’s regulatory framework.

Emission pricing is largely considered the most efficient policy to drive the …

Evaluating Energy Security Performance From 1990 To 2010 For Eighteen Countries, Benjamin K. Sovacool, Ishani Mukherjee, Ira Martina Drupady, Anthony L. D' Agostino

Research Collection School of Social Sciences

This study provides an index for evaluating national energy security policies and performance among the United States, European Union, Australia, New Zealand, China, India, Japan, South Korea, and the ten countries comprising the Association of Southeast Asian Nations (ASEAN). Drawn from research interviews, a survey instrument, and a focused workshop, the article first argues that energy security ought to be comprised of five dimensions related to availability, affordability, technology development, sustain-ability, and regulation. The article then breaks these dimensions down into 20 components and correlates them with 20 metrics that constitute a comprehensive energy security index. We find that the …

Where Are They Now? A Look At The Effectiveness Of Rps Policies , Melanie Grant

BYU Law Review

No abstract provided.

Conceptualizing And Measuring Energy Security: A Synthesized Approach, Benjamin K. Sovacool, Ishani Mukherjee

Research Collection School of Social Sciences

This article provides a synthesized, workable framework for analyzing national energy security policies and performance. Drawn from research interviews, survey results, a focused workshop, and an extensive literature review, this article proposes that energy security ought to be comprised of five dimensions related to availability, affordability, technology development, sustainability, and regulation. We then break these five dimensions down into 20 components related to security of supply and production, dependency, and diversification for availability; price stability, access and equity, decentralization, and low prices for affordability; innovation and research, safety and reliability, resilience, energy efficiency, and investment for technology development; land use, …

Baselines Newsletter, No. 8, Summer/Fall 2011, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Maintaing A Balance: Innovation In Power System Balancing Authorities, Malcolm Mclellan, Carol Opatrny

Washington Journal of Environmental Law & Policy

The introduction of new power generation, including intermittent resources, into the North American electric grid is exposing the fact that the traditional approach to resource integration is not necessarily cost-effective. At the forefront of analysis is the electric balancing authority; the functional structure that is responsible for maintaining the continuous balance of the demand for and supply of electric power. Electric balancing authorities perform this function according to standards developed by the North American Electric Reliability Corporation and the Federal Energy Regulatory Commission. These services can significantly affect the cost of power. Rather than blindly purchasing balancing services from the …

Rough Seas For Renewable Energy: Addressing Regulatory Overlap For Hydrokinetic Projects On The Outer Continental Shelf, Amanda Righi

Washington Journal of Environmental Law & Policy

Hydrokinetic energy harnesses the power of the oceans and generates renewable energy with a low carbon footprint. Because wave and tidal energy projects have not yet been initiated for the Outer Continental Shelf (OCS) and scientific knowledge of the effects on the ocean environment is uncertain, analysis under the National Environmental Policy Act is particularly important. However, overlapping jurisdiction on the OCS creates an inhospitable regulatory environment for hydrokinetic energy developers and marine ecosystem protection. This comment will analyze these overlapping and duplicative regulations and will make recommendations to streamline the environmental review process. Programmatic environmental impact statements, adaptive management …