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EPA and Texas Railroad Commission Sign Memorandum of Agreement for Permitting Geologic Storage of Carbon Dioxide

LCG, April 29, 2025--Officials from the U.S. Environmental Protection Agency (EPA) and Texas Railroad Commission (RRC) signed a memorandum of agreement (MOA) today outlining the state’s plans to administer programs related to carbon storage wells, known as Class VI wells. The MOA signing is a required step in the RRC’s application to be granted authority to permit Class VI wells in the state of Texas. EPA is currently preparing a proposed approval of RRC’s primacy application.

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Calpine and ExxonMobil Sign CO2 Transportation and Storage Agreement for CCS Project in Texas

LCG, April 24, 2025--Exxon Mobil Corporation (ExxonMobil) announced yesterday an agreement with Calpine Corporation (Calpine) to transport and permanently store up to 2 million metric tons per annum (MTA) of CO2 from Calpine’s Baytown Energy Center, a natural gas-fired facility located near Houston, Texas. This is part of Calpine’s Baytown Carbon Capture and Storage (CCS) Project that is designed to add CCS for the facility’s CO2 emissions. The Calpine facility could then provide a 24/7 supply of low-carbon electricity to the Texas grid plus steam to nearby industrial facilities.

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Industry News

DOE Steps Forward on the Infrastructure Investment and Jobs Act and the Civil Nuclear Credit Program

LCG, February 21, 2022--The Department of Energy (DOE) last week issued a Notice of Intent (NOI) and Request for Information (ROI) regarding the DOE's intent to solicit applications for certification of nuclear reactors for eligibility to submit of sealed bids for Civil Nuclear Credit (CNC) Program credits from nuclear reactor owners or operators that are at risk of ceasing operations due to economic factors. The CNC Program is part of the Infrastructure Investment and Jobs Act (IIJA) and is designed to allocate credits to at risk reactors with the goal of preventing carbon-free nuclear reactors closures due to poor economics.

Congress appropriated $6 billion to fund credits awarded under the CNC Program and has authorized the Secretary of the DOE to obligate up to $1.2 billion in Fiscal Year 2022. Credits will be awarded over a 4-year period beginning on the date of the selection. Nuclear reactor owners or operators may apply for recertification after that time and additional credits may be allocated through September 30, 2031, subject to the availability of funds.

The closure of a number of reactors due to economic factors has been a challenging issue in recent years. Most recently, legislation passed last September in Illinois that provided subsidies for carbon-free nuclear plants owned by Exelon Corp., with $694 million to be paid over a period of five years. Exelon had planned to close the two-unit, Byron nuclear plant in September and the two-unit, Dresden plant in November, unless federal or state subsidies were provided.

There are a number of criteria that will be considered in order for a nuclear reactor to be eligible to receive credits. Key criteria included are that the applicant must: (i) demonstrate the the reactor competes in a competitive market; (ii) demonstrate that the nuclear reactor is projected to cease operations due to economic factors (i.e., provide information on the operating costs necessary to make the certification determination, including, but not limited to, average annual operating loss per MWh over the 4-year period for which credits would be allocated); (iii) estimate the potential incremental air pollutants that would result if the nuclear reactor were to cease operation; and (iv) provide a plan to sustain operation of the reactor after the 4-year award period, either without future credits or with a reduced level of credits.

The NOI provides an opportunity for interested parties to submit to the DOE a non-binding notice of their interest in submitting a confidential application for the CNC Program. The DOE also seeks input from all stakeholders through this RFI regarding the establishment of a CNC Program including the application, certification, and selection processes.

The DOE requested written comments and information on or before March 17, 2022. The Department intends to develop initial draft guidance for the certification applications during the NOI/RFI comment period.
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