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New York Poised to Close Last Coal-fire Power Plant

LCG, December 4, 2019--The last operating coal-fired power plant in New York is moving toward closure shortly. Last month, Somerset Operating Company, a subsidiary of Riesling Power LLC, submitted a request to the New York State Public Service Commission (NYSPSC) to waive the state's required, 180-day notice to close the Somerset Station, allowing the facility to be retired on February 15, 2020. Closure is contingent on approvals by both NYSPSC and the New York Independent System Operator (NYISO), which will evaluate if it will cause an adverse effect on grid reliability.

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Construction Commences on Enel’s Aurora Wind Farm in North Dakota

Enel Green Power North America, Inc. (“EGPNA”), the US renewable energy company of the Enel Group, has started construction of the 299-MW Aurora Wind Farm in North Dakota.

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Industry News

EPA Investigations of Pollution Unlikely to Advance

LCG, Nov. 6, 2003--Investigations by the Environmental Protection Agency (EPA) that were undertaken under previous Clean Air Act rules, prior to proposed Bush administration changes to the New Source Review standards governing plant modifications, may not be pursued in court.

The decision to consider possible violations in 50 cases under the more flexible standards is in some part the result of work by Vice President Dick Cheney's task force on energy policy. According to EPA spokeswoman Lisa Harrison, cases that have already gone into litigation will still be pursued, although those that have not will be reviewed on a case-by-case basis.

The change in direction was apparently disclosed to enforcement lawyers for the agency this week. Some of those involved spoke with the New York Times. It is generally agreed that the changes to New Source Review will exempt a greater number of plants from having to install pollution control equipment, allowing them to save $10 to $20 billion. Members of Congress, environmentalists and state officials in the Northeast viewed the change as a severe blow.

Harrison, the spokeswoman, said some investigations could be brought to court under the old rules, although no final decision has been reached. The 50 investigations in progress had reached the point where notices had been sent to the companies operating the power plants. There is no clear consensus among judges about whether revising the applicable standards in ongoing investigations is permissible.
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