McIntyre says FERC could be kept out of DOE effort to save at-risk generators

Utility Dive: The details of FERC's potential role in federal support for coal and nuclear plants show that the agency will not likely have the discretion to block any proposed subsidies.

The DOE is considering its options to preserve baseload power as the country faces an increasing amount of coal and nuclear power plant retirements. In a Friday statement, President Donald Trump called for Sec. Perry to "prepare immediate steps" to prevent the plants from retiring. One possible plan to achieve that, outlined in the draft memo, would have Sec. Perry invoke the agency's emergency powers under Section 202(c) of the Federal Power Act and the 1950s law that allows the agency to nationalize parts of the power sector during wartime — the Defense Production Act (DPA).

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