Hybrid power plant on schedule

FERC Hydropower Licensing Dispute centers on FERC authority, Clean Water Act compliance, state water quality certifications, Federal Power Act timelines, and Army Corps dams on West Virginia's Monongahela River licenses.

Key Points

An inquiry into FERC's licensing process and state water quality authority for hydropower at Monongahela River dams.

✅ Questions on omitted state water quality conditions

✅ Debate over starting Clean Water Act certification timelines

✅ Potential impacts on states' rights and licensing schedules

As federal lawmakers, including Democrats pressing FERC, plan to consider a bill that would expand Federal Energy Regulatory Commission (FERC) licensing authority, questions emerged on Tuesday about the process used by FERC to issue two hydropower licenses for existing dams in West Virginia.

In a letter to FERC Chairman Neil Chatterjee, Democratic leaders of the House Energy and Commerce Committee, as electricity pricing changes were being debated, raised questions about hydropower licenses issued for two dams operated by the U.S. Army Corps of Engineers on the Monongahela River in West Virginia.

U.S. Reps. Frank Pallone Jr. (D-NJ), the ranking member of the Subcommittee on Energy, Bobby Rush (D-IL), the ranking member of the Subcommittee on Environment, and John Sarbanes (D-MD), amid Maryland clean energy enforcement concerns, questioned why FERC did not incorporate all conditions outlined in a West Virginia Department of Environmental Protection water quality certificate into plans for the projects.

“By denying the state its allotted time to review this application and submit requirements on these licenses, FERC is undermining the state’s authority under the Clean Water Act and Federal Power Act to impose conditions that will ensure water quality standards are met,” the letter stated.

The House of Representatives was slated to consider the Hydropower Policy Modernization Act of 2017, H.R. 3043, later in the week. The measure would expand FERC authority over licensing processes, a theme mirrored in Maine's transmission line debate over interstate energy projects. Opponents of the bill argue that the changes would make it more difficult for states to protect their clean water interests.

West Virginia has announced plans to challenge FERC hydropower licenses for the dams on the Monongahela River, echoing Northern Pass opposition seen in New Hampshire.

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Attosecond Electron Transport uses ultrafast lasers and single-cycle light pulses to drive tunneling in bowtie gold nanoantennas, enabling sub-femtosecond switching in optoelectronic nanostructures and surpassing picosecond silicon limits for next-gen computing.

Key Points

A light-driven method that manipulates electrons with ultrafast pulses to switch currents within attoseconds.

✅ Uses single-cycle light pulses to drive electron tunneling

✅ Achieves 600 attosecond current switching in nano-gaps

✅ Enables optoelectronic, plasmonic devices beyond silicon

When it comes to data transfer and computing, the faster we can shift electrons and conduct electricity the better – and scientists have just been able to transport electrons at sub-femtosecond speeds (less than one quadrillionth of a second) in an experimental setup.

The trick is manipulating the electrons with light waves that are specially crafted and produced by an ultrafast laser. It might be a long while before this sort of setup makes it into your laptop, but similar precision is seen in noninvasive interventions where targeted electrical stimulation can boost short-term memory for limited periods, and the fact they pulled it off promises a significant step forward in terms of what we can expect from our devices.

Right now, the fastest electronic components can be switched on or off in picoseconds (trillionths of a second), a pace that intersects with debates over 5G electricity use as systems scale, around 1,000 times slower than a femtosecond.

With their new method, the physicists were able to switch electric currents at around 600 attoseconds (one femtosecond is 1,000 attoseconds).

"This may well be the distant future of electronics," says physicist Alfred Leitenstorfer from the University of Konstanz in Germany. "Our experiments with single-cycle light pulses have taken us well into the attosecond range of electron transport."

Leitenstorfer and his colleagues were able to build a precise setup at the Centre for Applied Photonics in Konstanz. Their machinery included both the ability to carefully manipulate ultrashort light pulses, and to construct the necessary nanostructures, including graphene architectures, where appropriate.

The laser used by the team was able to push out one hundred million single-cycle light pulses every single second in order to generate a measurable current. Using nanoscale gold antennae in a bowtie shape (see the image above), the electric field of the pulse was concentrated down into a gap measuring just six nanometres wide (six thousand-millionths of a metre).

As a result of their specialist setup and the electron tunnelling and accelerating it produced, the researchers could switch electric currents at well under a femtosecond – less than half an oscillation period of the electric field of the light pulses.

Getting beyond the restrictions of conventional silicon semiconductor technology has proved a challenge for scientists, but using the insanely fast oscillations of light to help electrons pick up speed could provide new avenues for pushing the limits on electronics, as our power infrastructure is increasingly digitized and integrated with photonics.

And that's something that could be very advantageous in the next generation of computers: scientists are currently experimenting with the way that light and electronics could work together in all sorts of different ways, from noninvasive brain stimulation to novel sensors.

Eventually, Leitenstorfer and his team think that the limitations of today's computing systems could be overcome using plasmonic nanoparticles and optoelectronic devices, using the characteristics of light pulses to manipulate electrons at super-small scales, with related work even exploring electricity from snowfall under specific conditions.

"This is very basic research we are talking about here and may take decades to implement," says Leitenstorfer.

The next step is to experiment with a variety of different setups using the same principle. This approach might even offer insights into quantum computing, the researchers say, although there's a lot more work to get through yet - we can't wait to see what they'll achieve next.

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Brazil ICMS Tax Cap limits state VAT on fuels, natural gas, electricity, communications, and transit, promising short-term price relief amid inflation, with federal compensation to states and potential legal challenges affecting investments and ANP auctions.

Key Points

A policy capping state VAT at 17-18 percent on fuels, electricity, and services to temper prices and inflation.

✅ Caps VAT to 17-18% on fuels, power, telecom, transit

✅ Short-term relief; medium-long term impact uncertain

✅ Federal compensation; potential court challenges, investment risk

Brazil’s congress approved a bill that limits the ICMS tax rate that state governments can charge on fuels, natural gas, electricity, communications, and public transportation. 

Local lawyers told BNamericas that the measure may reduce fuel and power prices in the short term, similar to Brazil power sector relief loans seen during the pandemic, but it is unlikely to produce any major effects in the medium and long term. 

In most states the ceiling was set at 17% or 18% and the federal government will pay compensation to the states for lost tax revenue until December 31, via reduced payments on debts that states owe the federal government.

The bill will become law once signed by President Jair Bolsonaro, who pushed strongly for the proposal with an eye on his struggling reelection campaign for the October presidential election. Double-digit inflation has turned into a major election issue and fuel and electricity prices have been among the main inflation drivers, as seen in EU energy-driven inflation across the bloc this year. Congress’ approval of the bill is seen by analysts as political victory for the Brazilian leader.

How much difference will it make?

Marcus Francisco, tax specialist and partner at Villemor Amaral Advogados, said that in the formation of fuel and electricity prices there are other factors, including high natural gas prices, that drive increases.

“In the case of fuels, if the barrel of oil [price] increases, automatically the final price for the consumer will go up. For electricity, on the other hand, there are several subsidies and policy choices such as Florida rejecting federal solar incentives that are part of the price and that can increase the rate [paid],” he said. 

There is also a possibility that some states will take the issue to the supreme court since ICMS is a key source of revenue for them, Francisco added.

Tiago Severini, a partner at law firm Vieira Rezende, said the comparison between the revenue impact and the effective price reduction, based on the estimates made by the states and the federal government, seems disproportionate, and, as seen in Europe, rolling back European electricity prices is often tougher than it appears. 

“In other words, a large tax collection impact is generated, which is quite unequal among the different states, for a not so strong price reduction,” he said.

“Due to the lack of clarity regarding the precision of the calculations involved, it’s difficult even to assess the adequacy of the offsets the federal government has been considering, and international cases such as France's new electricity pricing scheme illustrate how complex it can be to align fiscal offsets with regulatory constraints, to cover the cost it would have with the compensation for the states” Severini added.

The compensation ideas that are known so far include hiking other taxes, such as the social contribution on net profits (CSLL) that is paid by oil and gas firms focused on exploration and production.

“This can generate severe adverse effects, such as legal disputes, reduced investments in the country, and reduced attractiveness of the new auctions by [sector regulator] ANP, and costly interventions like the Texas electricity market bailout after extreme weather events,” Severini said. 

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Advanced Nuclear Technology drives decarbonization through innovation, SMRs, and a stable grid, bolstering U.S. leadership, energy security, and clean power exports under supportive regulation and policy to meet climate goals cost-effectively.

Key Points

Advanced nuclear technology uses SMRs to deliver low-carbon, reliable power and strengthen energy security.

✅ Accelerates decarbonization with firm, low-carbon baseload power

✅ Enhances grid reliability via SMRs and advanced fuel cycles

✅ Supports U.S. leadership through exports, R&D, and modern regulation

The most cost-effective way--indeed the only reasonable way-- to reduce greenhouse gas emissions and foster our national economic and security interests is through innovation, especially next-gen nuclear power innovation. That's from Rep. Greg Walden, R-Oregon, ranking Republican member of the House Energy and Commerce Committee, speaking to a Subcommittee on Energy hearing titled, "Building a 100 Percent Clean Economy: Advanced Nuclear Technology's Role in a Decarbonized Future."

Here are the balance of his remarks.

Encouraging the deployment of atomic energy technology, strengthening our nuclear industrial base, implementing policies that helps reassert U.S. nuclear leadership globally... all provide a promising path to meet both our environmental and energy security priorities. In fact, it's the only way to meet these priorities.

So today can help us focus on what is possible and what is necessary to build on recent policies we've enacted to ensure we have the right regulatory landscape, the right policies to strengthen our domestic civil industry, and the advanced nuclear reactors on the horizon.

U.S. global leadership here is sorely needed. Exporting clean power and clean power technologies will do more to drive down global Co2 emissions on the path to net-zero emissions worldwide than arbitrary caps that countries fail to meet.

In May last year, the International Energy Agency released an informative report on the role of nuclear power in clean energy systems; it did not find current trends encouraging.

The report noted that nuclear and hydropower "form the backbone of low-carbon electricity generation," responsible for three-quarters of global low-carbon generation and the reduction of over 60 gigatons of carbon dioxide emissions over the past 50 years.

Yet IEA found in advanced economies, nuclear power is in decline, with closing plants and little new investment, "just when the world requires more low-carbon electricity."

There are various reasons for this, some relating to cost overruns and delays, others to policies that fail to value the "low-carbon and energy security attributes" of nuclear. In any case, the report found this failure to encourage nuclear will undermine global efforts to develop cleaner electricity systems.

Germany demonstrates the problem. As it chose to shut down its nuclear industry, it has doubled down on expanding renewables like solar and wind. Ironically, to make this work, it also doubled down on coal. This nuclear phase out has cost Germany $12 billion a year, 70% of which is from increased mortality risk from stronger air pollutants (this according to the National Bureau of Economic Research). If other less technologically advanced nations even could match the rate of renewables growth reached by Germany, they would only hit about a fifth of what is necessary to reach climate goals--and with more expensive energy. So, would they then be forced to bring online even more coal-fired sources than Germany?

On the other hand, as outlined by the authors of the pro-nuclear book "A Bright Future," France and Sweden have both demonstrated in the 1970s and 1980s, how to do it. They showed that the build out of nuclear can be done at five times the rate of Germany's experience with renewables, with increased electricity production and relatively lower prices.

I think the answer is obvious about the importance of nuclear. The question will be "can the United States take the lead going forward?"

We can help to do this in Congress if we fully acknowledge what U.S. leadership on nuclear will mean--both for cleaner power and industrial systems beyond electricity, here and abroad--and for the ever-important national security attributes of a strong U.S. industry.

Witnesses have noted in recent hearings that recognizing how U.S. energy and climate policy effects energy and energy technology relationships world-wide is critical to addressing emissions where they are growing the fastest and for strengthening our national security relationships.

Resurrecting technological leadership in nuclear technology around the world will meet our broader national and energy security reasons--much as unleashing U.S. LNG from our shale revolution restored our ability to counter Russia in energy markets, while also driving cleaner technology. Our nuclear energy exports boost our national security priorities.

We on Energy and Commerce have been working, in a bipartisan manner over the past few Congresses to enhance U.S. nuclear policies. There is most certainly more to do. And I think today's hearing will help us explore what can be done, both administratively and legislatively, to pave the way for advanced nuclear energy.

Let me welcome the panel today. Which, I'm pleased to see, represents several important perspectives, including industry, regulatory, safety, and international expertise, to two innovative companies--Terrapower and my home state of Oregon's NuScale. All of these witnesses can speak to what we need to do to build, operate and lead with these new technologies.

We should work to get our nation's nuclear policy in order, learning from global frameworks like the green industrial revolution abroad. Today represents a good step in that effort.

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ERCOT Ancillary Services Clawback and VOLL Pricing summarize PUCT and IMM actions on load shed, real-time pricing adders, clawbacks, and settlement corrections after the 2021 winter storm in the Texas power grid market.

Key Points

Policies addressing clawbacks for unprovided AS and correcting VOLL-based price adders after load shed ended in ERCOT.

✅ PUCT ordered clawbacks for ancillary services not delivered.

✅ IMM urged price correction after firm load shed ceased.

✅ ERCOT's VOLL adder raised costs by $16B during 32 hours.

Potomac Economics, the Independent Market Monitor (IMM) for the Electric Reliability Council of Texas (ERCOT), filed a report with the Public Utility Commission of Texas (PUCT) that certain payments were made by ERCOT for Ancillary Services (AS) that were not provided, even as ERCOT later issued a winter reliability RFP to procure capacity during subsequent seasons.

According to the IMM (emphasis added):

There were a number of instances during the operating days outlined above in which AS was not provided in real time because of forced outages or derations. For market participants that are not able to meet their AS responsibility, typically the ERCOT operator marks the short amount in the software. This causes the AS responsibility to be effectively removed and the day-ahead AS payment to be clawed back in settlement. However, the ERCOT operators did not complete this task during the winter event, echoing issues like the Ontario IESO phantom demand that cost customers millions, and therefore the "failure to provide" settlements were not invoked in real time.

Removing the operator intervention step and automating the "failure to provide" settlement was contemplated in NPRR947: Clarification to Ancillary Service Supply Responsibility Definition and Improvements to Determining and Charging for Ancillary Service Failed Quantities; however, the NPRR was withdrawn in August 2020 amid ongoing market reform discussions because of the system cost, some complexities related to AS trades, and the implementation of real-time co-optimization.

Invoking the "failure to provide" settlement for all AS that market participants failed to provide during the operating days outlined above will produce market outcomes and settlements consistent with underlying market principles. In this case, the principle is that market participants should not be paid for services that they do not provide, even as a separate ruling found power plants exempt from providing electricity in emergencies under Texas law, underscoring the distinction between obligations and settlements. Whether ERCOT marked the short amount in real-time or not should not affect the settlement of these ancillary services.

On March 3, 2021, the PUCT ordered (a related press release is here) that:

ERCOT shall claw back all payments for ancillary service that were made to an entity that did not provide its required ancillary service during real time on ERCOT operating days starting February 14, 2021 and ending on February 19,2021.

On March 4, 2021, the IMM filed another report and recommended that:

the [PUCT] direct ERCOT to correct the real-time prices from 0:00 February 18,2021, to 09:00 February 19, 2021, to remove the inappropriate pricing intervention that occurred during that time period.

The IMM approvingly noted the PUCT's February 15, 2021 order, which mandated that real-time energy prices reflect firm load shed by setting prices at the value of lost load (VOLL).1

According to the IMM (emphasis added):

This is essential in an energy-only market, like ERCOT's, where the Texas power grid faces recurring crisis risks, because it provides efficient economic signals to increase the electric generation needed to restore the load and service it reliably over the long term.

Conversely, it is equally important that prices not reflect VOLL when the system is not in shortage and load is being served, and experiences in capacity markets show auction payouts can fall sharply under different conditions. The Commission recognized this principle in its Order, expressly stating it is only ERCOT's out-of-market shedding firm load that is required to be reflected in prices. Unfortunately, ERCOT exceeded the mandate of the Commission by continuing to set process at VOLL long after it ceased the firm load shed.

ERCOT recalled the last of the firm load shed instructions at 23:55 on February 17, 2021. Therefore, in order to comply with the Commission Order, the pricing intervention that raised prices to VOLL should have ended immediately at that time. However, ERCOT continued to hold prices at VOLL by inflating the Real-Time On-Line Reliability Deployment Price Adder for an additional 32 hours through the morning of February 19. This decision resulted in $16 billion in additional costs to ERCOT's market, prompting legislative bailout proposals in Austin, of which roughly $1.5 billion was uplifted to load-serving entities to provide make-whole payments to generators for energy that was not needed or produced.

However, at its March 5, 2021, open meeting (related discussion begins around minute 20), although the PUCT acknowledged the "good points" raised by the IMM, the PUCT was not willing to retrospectively adjust its real-time pricing for this period out of concerns that some related transactions (ICE futures and others) may have already settled and for unintended consequences of such retroactive adjustments.  

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Wall Street backs Rick Perry’s $19 billion nuclear-powered data center venture, Fermi America, combining nuclear energy, AI infrastructure, and data centers to meet soaring electricity demand and attract major investors betting on America’s clean energy technology future.

What is "Wall Street Backs Rick Perry’s $19 Billion Nuclear-Powered Data Center Venture”?

Wall Street is backing Rick Perry’s $19 billion nuclear-powered data center venture because it combines the explosive growth of AI with the promise of clean, reliable nuclear energy.

✅ Addresses AI’s massive power demands with nuclear generation

✅ Positions Fermi America as a pioneer in energy-tech convergence

✅ Reflects investor confidence in long-term clean energy solutions

Former Texas Governor and U.S. Energy Secretary Rick Perry has returned to the energy spotlight, this time leading a bold experiment at the intersection of nuclear power and artificial intelligence. His startup, Fermi America, headquartered in Amarillo, Texas, went public this week with an initial valuation of $19 billion after its shares surged 55 percent above the opening price on the first day of trading.

The company aims to tackle one of the most pressing challenges in modern technology: the staggering energy demand of AI data centers. “Artificial intelligence, which is getting more and more embedded in all parts of our lives, the servers that host the data for artificial intelligence are stored in these massive warehouses called data centers,” said Houston Chronicle energy reporter Claire Hao. “And data centers use a ton of electricity.”

Fermi America’s plan, Hao explained, is as ambitious as it is unconventional. Fermi America has a proposal to build what it claims will be the world’s largest data center, powered by what it asserts will be the country’s largest nuclear complex. So very ambitious plans.”

According to the company’s roadmap, Fermi aims to bring its first mega reactor online by 2032, followed by three additional large reactors. In the meantime, the firm intends to integrate natural gas and solar energy by the end of next year to support early-stage operations.

While much of the energy sector’s attention has turned toward small modular reactors, Fermi’s approach focuses on traditional large-scale nuclear technology. “What Fermi is talking about building are large traditional reactors,” Hao said. “These very large traditional reactors are a tried and true technology. But the nuclear industry has a history of taking a very long time to build them, and they are also very expensive to build.” She noted that the most recent example, completed in 2023 by a Georgia utility, came in $17 billion over budget and several years late.

To mitigate such risks, Fermi has recruited specialists with international experience. “They’ve hired folks that have successfully built these projects in China and in other countries where it has been a lot smoother to build these,” Hao said. “Fermi wants to try to make it a quicker process.”

Perry’s involvement lends both visibility and controversy. In addition to co-founding the company, Griffin Perry, his son, plays a role in its management. The firm has hinted that it might even name reactors after former President Donald Trump, under whom Perry served as Secretary of Energy. Perry has framed the project as part of a national effort to regain technological ground. “He really wants to help the U.S. catch up to countries like China when it comes to delivering nuclear power for the AI race,” Hao explained. “He says we’re already behind.”

Despite the fanfare, Fermi America is still a fledgling enterprise. Founded in January and announced publicly in June, the company reported a $6.4 million loss in the first half of the year and has yet to generate any revenue. Still, its IPO exceeded expectations, opening at $21 a share and closing above $32 on the first day.

“I think that just shows there’s a lot of hype on Wall Street around artificial intelligence-related ventures,” Hao said. “Fermi, in the four months since it announced itself as a company, has found a lot of different ways to grab people’s attention.”

For now, the project represents both a technological gamble and a test of investor faith — a fusion of nuclear ambition and AI optimism that has Wall Street watching closely.

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