Energy

New Source Review

NERA has considerable experience in preparing expert testimony in New Source Review (NSR) litigation cases, providing analyses and consulting litigation assistance, and advising clients on how to conduct emissions increase analysis to determine if NSR is likely to apply to contemplated activities. NERA has implemented the instructions in the 40 CFR 52.21 to determine the proper calculations necessary to implement the Actual-to-Projected Actual Applicability Test and its predecessor, the actual-to-future-actual test.

NERA’s expert work on the litigation cases and litigation assistance projects has focused on whether the utilities could reasonably have expected the activities they undertook to cause a significant increase in net emissions. NERA staff have implemented tests that rely on data that electric utilities generally construct for regulatory, planning, and financial reporting purposes. The use of these data is important because they were not prepared for the purposes of the litigation, but rather represent the company’s expectations for the future operations of their facilities at the time the modifications were made.

NERA also assists companies with ongoing NSR regulation compliance. Some companies currently undertaking activities at their facilities may believe that the activities are routine repair, replacement, or maintenance and are exempt from the NSR program. However, given that the rules and law surrounding "routine" exclusions are in flux, we assist clients in conducting actual-to-projected-actual emissions analyses prior to undertaking the activity. These analyses are important as a defense if the activities are not deemed to be routine in the future.