Texas-based Vistra Corporation was hoping to get the go-ahead from the Federal Energy Regulatory Commission this month for its proposed acquisition of Energy Harbor’s nuclear assets, but on October 13, the agency issued an order extending its review of the deal (called “tolling the time” in bureaucratese) to April 11, 2024. Currently down one seat, the four-member FERC voted 3–1 for the time extension, with the lone dissent coming from commissioner James Danly.

The Nuclear Regulatory Commission has approved the transfer of the operating licenses for four reactors and their associated spent fuel storage facilities from Energy Harbor Nuclear Corporation to Vistra Operations Company, the agency announced September 29.

In a filing Monday with the Federal Energy Regulatory Commission, Vistra Corporation committed to divesting itself of two power generation assets to help alleviate concerns over its proposed acquisition of Energy Harbor.

Johnson

Duncan

McMorris Rodgers

A trio of GOP House lawmakers is asking four federal agencies to report on their progress toward implementing National Environmental Policy Act (NEPA) reforms included in the 2023 Fiscal Responsibility Act (FRA), signed by President Biden in early June.

Last Friday, House Energy and Commerce Committee chair Cathy McMorris Rodgers (R., Wash.); Energy, Climate, and Grid Security Subcommittee chair Jeff Duncan (R., S.C.); and Environment, Manufacturing, and Critical Materials Subcommittee chair Bill Johnson (R., Ohio) sent letters to the Department of Energy, Nuclear Regulatory Commission, Environmental Protection Agency, and Federal Energy Regulatory Commission.

The Department Justice earlier this week filed comments with the Federal Energy Regulatory Commission regarding Vistra Corporation’s proposed acquisition of Energy Harbor, the Ohio-based owner and operator of the Beaver Valley, Davis-Besse, and Perry nuclear plants. Echoing misgivings raised in June by PJM Interconnection’s market monitor Monitoring Analytics regarding the possible exercise of undue market power as a result of the deal, the DOJ Antitrust Division’s 16-page document urges FERC to carefully review the proposal to ensure it will not substantially lessen competition and increase wholesale electricity prices in the PJM region.

While the Mississippi Public Service Commission earlier this year accepted a $300 million offer from Entergy Corporation to settle its portion of a multistate dispute with the utility over Grand Gulf nuclear plant customer rate impacts, the Arkansas Public Service Commission last week turned down its own $142 million offer, terming it “a low-ball amount.”

The Mississippi Public Services Commission has announced a $300 million settlement with Entergy Mississippi—the largest settlement in the MPSC’s history—ending the state’s part in multistate Federal Energy Regulatory Commission proceedings involving Grand Gulf plant customer rate impacts.

The Senate on Tuesday evening unanimously confirmed Willie Phillips, chairman of the Public Service Commission of the District of Columbia, as a member of the Federal Energy Regulatory Commission, bringing that body to its full, five-member complement. He was nominated by President Biden in September to fill FERC’s vacant seat and will serve a term that expires on June 30, 2026.

A proposal by PJM Interconnection to modify the Federal Energy Regulatory Commission’s contentious minimum offer price rule (MOPR) order went into effect by default on Wednesday after the commission failed to take action on it.

According to a notice from the FERC secretary, “In the absence of commission action on or before September 28, 2021, PJM’s proposal became effective by operation of law. Accordingly, the effective date of the proposed tariff sheets is September 29, 2021. The commission did not act on PJM’s filing because the commissioners are divided two against two as to the lawfulness of the change.”

To prevent future winter storms from causing the kind of widespread, lethal power outages wrought by February’s frigid blast through Texas and other states, the electric and natural gas industries need to bolster their winterization and cold weather preparedness and coordination, a just-released preliminary report from the Federal Energy Regulatory Commission and North American Electric Reliability Corporation concludes.

The two agencies had announced on February 16 that they planned to open a joint inquiry to identify problems with the performance of the bulk power system during the storm and to offer solutions. A team of FERC and NERC staff members presented the report at a FERC meeting on September 23.

A presentation of the report, February 2021 Cold Weather Grid Operations: Preliminary Findings and Recommendations, is available.

Willie L. Phillips Jr.

President Biden last Thursday announced his intention to nominate Willie L. Phillips Jr., chairman of the Public Service Commission of the District of Columbia, for the vacant seat on the Federal Energy Regulatory Commission. Phillips would replace Republican Neil Chatterjee, who left FERC at the end of August, two months after the official expiration of his term. (Chatterjee remained on the commission to provide time for the Biden administration to choose his replacement. He has since joined the Climate Leadership Council and the global law firm Hogan Lovells.)

Before joining the D.C. PSC, Phillips served as assistant general counsel for the North American Electric Reliability Corporation. He is currently an active member of the National Association of Regulatory Utility Commissioners, where he serves on the board of directors as chair of the Select Committee on Regulatory and Industry Diversity.

Nunes

Rep. Devin Nunes (R., Calif.) introduced legislation last week that would keep California’s Diablo Canyon nuclear power plant in operation beyond its expected 2025 closure date. Dubbed the Clean Energy Production Act (H.R. 4394), the bill was introduced July 9 and referred to the House Energy and Commerce Committee.

Cosponsoring the measure is the remainder of the Golden State’s GOP contingent to the House: Reps. Ken Calvert, Mike Garcia, Darrell Issa, Young Kim, Doug LaMalfa, Kevin McCarthy, Tom McClintock, Jay Obernolte, Michelle Steel, and David G. Valadao.

PJM Interconnection’s board of managers has approved the grid operator’s proposal to address the Federal Energy Regulatory Commission’s controversial December 2019 minimum offer price rule (MOPR) order affecting PJM’s forward-looking capacity auctions. (PJM operates the largest wholesale competitive electricity market in the country.)

In her career as a chemist, Meredith Angwin headed projects that lowered pollution and increased reliability on the electric grid. Her work included pollution control for nitrogen oxides in gas-­fired combustion turbines and corrosion control in geothermal and nuclear systems.

Angwin, an ANS member, was one of the first women to be a project manager at the Electric Power Research Institute, leading projects in nuclear energy and renewables.

In the past decade, Angwin began to study and take part in grid oversight and governance. For four years, she served on the Coordinating Committee for the Consumer Liaison Group associated with ISO New England, her local grid operator. It was during this time that she realized what a maze of confusion surrounded grid rules and grid management.

Murkowski

Sen. Lisa Murkowski (R., Alaska) last week reintroduced legislation from 2019 to enhance the security of the U.S. electric grid. According to Murkowski, the Protecting Resources on the Electric Grid with Cybersecurity Technology (PROTECT) Act would enhance electric grid security by incentivizing electric utilities to make cybersecurity investments.

Introduced in the Senate on April 28 as S. 1400, the bill would also establish a Department of Energy grant and technical assistance program to deploy advanced cybersecurity technology for utilities that are not regulated by the Federal Energy Regulatory Commission (FERC). Cosponsors of the PROTECT Act include Sens. Joe Manchin (D., W.Va.), Jim Risch (R., Idaho), Angus King (I., Maine), and Jacky Rosen (D., Nev.).

Diablo Canyon nuclear power plant. Photo: PG&E

According to ETO Insider, the Federal Energy Regulatory Commission this week dismissed a complaint filed in October 2020 from Californians for Green Nuclear Power (CGNP) against multiple agencies regarding the closing of Pacific Gas and Electric’s Diablo Canyon nuclear power plant.

In denying the complaint on technical grounds against the California Independent System Operator (CAISO), FERC said that CGNP had “not met its burden under Section 206 of the Federal Power Act.” The remaining complaints against North American Electric Reliability Corporation (NERC), Western Electricity Coordinating Council (WECC), the California Public Utilities Commission (CPUC), the California State Water Resources Control Board (CSWRCB), and California State Lands Commission (CSLC) were dismissed on the grounds that they “are not proper respondents.”

The Louisiana Public Service Commission (LPSC), the New Orleans City Council, and the Arkansas Public Service Commission on March 2 filed a complaint with the Federal Energy Regulatory Commission against Entergy Corporation, seeking damages of more than $360 million for what they term the utility’s “imprudent operation” of the Grand Gulf nuclear plant.

Located in Port Gibson, Miss., Grand Gulf is a single-unit plant with a 1,433-MWe boiling water reactor. The unit, which entered commercial operation in 1985, supplies power to customers of Entergy Louisiana, Entergy Mississippi, Entergy Arkansas, and Entergy New Orleans.

Spurred by last week’s power grid failure in Texas, the Federal Energy Regulatory Commission on Monday announced that it will open a new proceeding to examine the threat that climate change and extreme weather events pose to electric reliability. The proceeding, FERC said, will investigate how grid operators prepare for and respond to these events, including droughts, extreme cold, wildfires, hurricanes, and prolonged heat waves.

Maybe everything really is bigger in Texas, but that’s not necessarily a good thing. The brutal winter storm that hit much of the country earlier this week struck the Lone Star State with particular severity, leaving the power grid in shambles and millions of Texas residents without power, in many instances for days. On Tuesday, at the height of the power crisis, more than 4.4 million utility customers were without access to electricity, according to poweroutage.us.

Gates

Bill Gates is making the media rounds to promote his new book, How to Avoid a Climate Disaster: The Solutions We Have and the Breakthroughs We Need, which was released on Tuesday. Along the way, he’s been touting nuclear energy as part of his master plan for battling climate change.

60 Minutes: Gates kicked off the week with an appearance on 60 Minutes on Sunday. During the nearly 15-minute segment with correspondent Anderson Cooper, Gates discussed TerraPower, the company he founded in 2006 that is dedicated to nuclear innovation. “Nuclear power can be done in a way that none of those failures of the past would recur, because just the physics of how it's built,” Gates said, referring to TerraPower’s Natrium reactor. “I admit, convincing people of that will be almost as hard as actually building it. But since it may be necessary to avoid climate change, we shouldn't give up.”