2022 – Global Power Law & Policy

Update on the Tax Credit Revolution: Prevailing Wage and Apprenticeship Clock Starts Soon

Nov 30 2022

U.S. Energy, Infrastructure, and Resources Alert

By: Elizabeth C. Crouse, and Craig E. Leen

The US Treasury Department released a preliminary draft of Notice 2022-61 (the Notice) on 29 November 2022 and the final on 30 November 2022. Taxpayers now have 59 days to begin construction on qualified projects without causing those projects to be subject to the new prevailing wage and apprenticeship requirements. The U.S. Department of Labor also released companion FAQs on the prevailing wage and apprenticeship rules 29 November 2022. The Notice generally applies to credits under Code[1] Sections 30C (alternative fuel infrastructure), 45Y (post-2024 electricity PTC[2]), 48E (post-2024 electricity ITC[3]), 45V (hydrogen PTC), 45 (current electricity PTC), 48 (current electricity ITC), 45Q (carbon capture), 45L (energy efficient homes), 45U (zero-emission nuclear power), 48C (advanced energy manufacturing facilities), and 179D (energy efficient commercial buildings), but the beginning of construction rules apply more narrowly.

The Energizer – Volume 110

Nov 22 2022

By: Buck B. Endemann, Matthew P. Clark, Nathan C. Howe, Natalie J. Reid, David Wang, and Olivia C. Ashé

There is a lot of buzz around clean technology, distributed energy resources (DERs), microgrids, and other technological innovations in the renewable energy and clean transport industries and how these developments can contribute to solving longstanding environmental justice issues. As these innovations develop, energy markets will undergo substantial changes to which consumers and industry participants alike will need to adapt and leverage. Every other week, K&L Gates’ The Energizer will highlight emerging issues or stories relating to the use of DERs, energy storage, emerging technologies, hydrogen, and other innovations driving the energy industry forward.

The Energizer – Volume 109

Nov 09 2022

By: Buck B. Endemann, Matthew P. Clark, Nathan C. Howe, Natalie J. Reid, David Wang, Olivia C. Ashé

BMW Expands Electromobility Plan and Manufacturing Footprint in South Carolina
NJ BPU Selects Offshore Wind Transmission Projects under PJM’s State Agreement Approach
NextEra Energy Invests US$1.1 Billion in Renewable Natural Gas Production

READ VOLUME 109

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Heightened Scrutiny of Director Positions by FERC and DOJ

Nov 03 2022

U.S. Energy, Infrastructure, and Resources Alert

By: Ruta K. Skucas, Kimberly B. Frank, Drew Mann, Jennifer L. Mersing, Chimera N. Thompson

The Federal Energy Regulatory Commission and the Department of Justice recently issued orders and statements demonstrating concerns related to director positions and potentially interlocking directorates. These actions together signal greater attention paid to the identities and affiliations of directors serving on corporate boards. Going forward, companies should carefully review the composition of their (and their upstream owners’) board of directors to confirm they are in compliance with FERC and DOJ regulatory requirements.

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For more information, please contact our Energy Infrastructure and Resources lawyers or visit our practice page.

The Energizer – Volume 108

Nov 01 2022

By: Buck B. Endemann, Matthew P. Clark, Nathan C. Howe, Natalie J. Reid, David Wang, Olivia C. Ashé

BP Furthers its Bioenergy Efforts by Acquiring Archaea Energy
Department of Energy Announces US$2.8 Billion in Funding to Expand Domestic Manufacturing of Batteries for Electric Vehicles and Electric Grid
Brookfield Renewable Partners and Cameco Corporation Acquire Nuclear Services Business

READ VOLUME 108

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The Tax Credit Revolution: From Brownfields to Brightfields

Oct 31 2022

Please Join us as The Tax Credit Revolution Webinar series continues on Thursday, November 3 at 12:00 p.m. ET.

Join us for a discussion on how the Inflation Reduction Act provides developers with new opportunities to redevelop brownfield sites as brightfields, by incorporating solar energy and energy storage technology.

Speakers:

Elizabeth Crouse, Partner, K&L Gates
Adam Altenhofen, Environmental Finance, U.S. Bank
Beau Beaudoin, Senior Vice President, Sanborn Head

Moderator:

Chad Farrell, Founder and Chief Executive Officer, Encore Renewables

To register, please click the button below to RSVP.

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THE ENERGIZER – VOLUME 107

Sep 28 2022

By: Matthew P. Clark, Buck B. Endemann, Nathan C. Howe, Natalie J. Reid, Maeve C. Tibbetts, David Wang

Bloom Energy to Produce Hydrogen at Prairie Island Nuclear Plant
Department of Energy Announces US $60 Million Funding Opportunity for Hydrogen Technologies and Grid Decarbonization Research
New York Governor Announces Distributed Energy Milestone

READ VOLUME 107

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Pennsylvania’s Growing Electric Vehicle Charging Network: What’s All the Buzz About NEVI Plans?

Sep 21 2022

By: Brianna K. Edwards, Thomas R. DeCesar, Buck B. Endemann, Tad J. Macfarlan, Pierce Richardson, Nathan C. Howe

With electric vehicles (EVs) on the rise, recent federal legislative and policy initiatives have prompted states to develop related infrastructure plans. These plans will provide for the greater connectivity required to support the future of EV transportation. As state plans are approved and implemented, new legal issues will likely develop.

On 15 November 2021, President Biden signed the Bipartisan Infrastructure Law (BIL), which directs funding to state and local governments for transportation improvement programs, including developing and expanding EV infrastructure. Under the BIL, each state was required to submit a National Electric Vehicle Infrastructure plan to the U.S. Department of Transportation by 1 August 2022.

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The Energizer – Volume 106

Sep 19 2022

By: Buck B. Endemann, Molly K. Barker, Matthew P. Clark, Nathan C. Howe, Natalie J. Reid, Maeve C. Tibbetts, David Wang

Department of Energy Provides US$2.5 Billion Toward New Electric Vehicle Battery Cell Manufacturing Facilities
U.S. Nuclear Regulatory Commission Will Certify First Small Nuclear Reactor

READ VOLUME 105

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The Tax Credit Revolution

Sep 13 2022

Please Join us as The Tax Credit Revolution Webinar series continues on Monday, 19 September at 12:00 p.m. ET. This part will be co-hosted by K&L Gates and Marsh.

The Tax Credit Revolution: What You Need to Know About How the IRA Will Impact Insurance for Tax Credit Risks

Tax insurance provides renewable energy developers and tax equity investors with a cost-effective risk mitigation tool to protect taxpayers against the loss of renewable energy tax credits in the event of a successful IRS challenge. Join us for a discussion on how tax insurance has become a widely used solution to ensure successful financing in the development of renewable energy projects and how we expect coverage to expand in response to new considerations under the Inflation Reduction Act.

Speaker: Antony Joyce Marsh, Alisha Soares Marsh
Moderator: Elizabeth Crouse K&L Gates

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To view all previously recorded The Tax Credit Revolution webinars, follow this link.

Archive:2022