Catagory:Renewables

1
K&L Gates Hosts ACORE’s Power Generation and Infrastructure Executive Meeting
2
Department of Commerce Issues Preliminary Countervailing Duty Determination on Crystalline Solar PV Products from China
3
Implications of EPA Emissions Rules for Renewables
4
Hawaiian Electric Company Extends “Intent to Bid” Deadline for O’ahu Energy Storage RFP
5
Senate Action Halted on Tax Legislation
6
President Obama Announces New Commitments to Drive Solar Development
7
Third Time’s a Charm? Administration Weighs More Guidance on Recent Changes to Renewable Electricity Credits
8
K&L Gates to Attend AWEA WINDPOWER 2014
9
Upcoming Event: Investing in Renewable Energy 2.0
10
New Turns in Germany’s Energy Turnaround

K&L Gates Hosts ACORE’s Power Generation and Infrastructure Executive Meeting

The American Council on Renewable Energy (ACORE) will hold its Power Generation and Infrastructure Executive meeting at the K&L Gates New York office on June 23, 2014 from 1:00 – 5:00 p.m. This meeting will focus on expanding the role of renewable energy and distributed energy resources in improving grid resiliency in the Tri-state area of New York, New Jersey and Connecticut. Leaders from the power, business, investment, regulatory, and non-profit sectors will examine the challenges and opportunities in renewable energy and distributed energy solutions in support of regional grid resiliency and reliability.

To read more about the event and to register, visit ACORE’s event site.

 

Department of Commerce Issues Preliminary Countervailing Duty Determination on Crystalline Solar PV Products from China

On June 3, 2014, the U.S. Department of Commerce (the “Department”) announced that  certain crystalline silicon photovoltaic (“CSPV”) products from the People’s Republic of China (“China”) had been produced by taking advantage of subsidies, and that such products could be subjected to countervailing duties when imported into the United States.  Upon publication of the preliminary determination in the Federal Register on Tuesday, June 10, 2014, U.S. importers of such products will be required to make cash deposits of estimated countervailing duties at the time the products enter the United States.

Read More

Implications of EPA Emissions Rules for Renewables

Renewable energy will play a major role in EPA’s latest proposal to cut greenhouse gas emissions from electric generating facilities.   On June 2, 2014, EPA Administrator Gina McCarthy proposed a new regulation for cutting carbon pollution from existing electric generating units (EGUs).  This rule is perhaps the most significant action to date in the President’s Climate Action Plan announced last year.  The rule will require EGUs to reduce their CO2 emissions by 30% by 2030 from 2005 levels.   EPA assigned a CO2 goal for each state but lets states choose how best to meet the goal.   Read More

Hawaiian Electric Company Extends “Intent to Bid” Deadline for O’ahu Energy Storage RFP

As energy storage matures both technologically and commercially, several investor owned and municipal utilities have begun formal processes to procure storage. Recent examples include Southern California Edison’s request for energy storage to satisfy local capacity requirements in the Los Angeles basin, the Imperial Irrigation District’s request for qualifications with respect to 40 MW of energy storage (summary available here), Southern California Public Power Authority’s request for energy storage proposals pursuant to its rolling RFP process (summary available here and here), Long Island Power Authority’s request for proposals for up to 150 MW of energy storage, and the Kauai Island Utility Cooperative’s recent storage RFP.

Hawaiian Electric Company’s solicitation for large-scale energy storage systems is the latest large energy storage RFP and represents another significant step in the ongoing commercialization of the energy storage sector. Hawaiian Electric’s procurement deserves to be watched carefully.

The RFP seeks proposals for one or more large-scale, grid-connected energy storage systems capable of storing 60 to 200 MW for 30 minutes. Although several of the procurements noted above contemplate the use of power purchase agreements (typically structured like gas tolling agreements) to secure access to storage, Hawaiian Electric has asked for a firm lump-sum price proposal to engineer, procure and construct one or more systems to be located on the island of O’ahu. The RFP package includes the utility’s proposed form of engineering, procurement and construction services (EPC) contract.

Hawaiian Electric intends to use energy storage to continue integrating variable renewable energy generation. Renewable energy on O’ahu consists primarily of wind and solar photovoltaic (PV). The utility anticipates that energy storage will provide certain services, such as sub-second frequency response and minute-to-minute load following, that will allow more of O’ahu’s electricity to come from variable resources. The system(s) are expected to be located within Hawaiian Electric substation facilities and properties, and the utility’s goal is to place the system(s) into service in the first quarter of 2017, if not sooner.

Hawaiian Electric recently extended the deadline to submit an “Intent to Bid Form” to 10:00 am Hawaii Standard Time on May 29, 2014. The deadline for the response to the RFP itself is 10:00 am Hawaii Standard Time on July 21, 2014.

The RFP can be found here.

 

Senate Action Halted on Tax Legislation

Senate consideration of legislation to reinstate 55 expired incentives ground to a halt on May 15. The Senate fell 7 votes short of ending a Republican filibuster. While many Republicans support the underlying package, they are opposed to efforts by Senate Majority Leader Reid to limit amendments.

The bill includes a dozen energy-related measures such as the renewable electricity production tax credit and biofuels credits.

Negotiations between key Democrats and Republicans will resume the week of May 19 in hopes of reaching an agreement to end the filibuster and allow the tax package to come up for votes. If the two sides remain at a standoff, the bill may not come up for a vote until after the November election.

 

President Obama Announces New Commitments to Drive Solar Development

On Friday, President Obama announced private sector goals and commitments for solar installation, applauded those private financial institutions which are “leading the way” on solar and renewable investments, and announced a series of “executive actions” which the Administration is taking to stimulate the use of energy efficiency and renewable energy technologies.  Read the White House Fact Sheet here.

The President’s announcement came in the middle of Senate debate on the Shaheen-Portman energy efficiency bill which has been stalled for years in the US Senate.  And again this week, because of issues unrelated to energy efficiency, it appears that the bill will not advance.  The Administration has clearly decided – as they have on other energy and environment issues – to take steps which do not need Congressional action in order to advance the President’s energy agenda.  Read More

Third Time’s a Charm? Administration Weighs More Guidance on Recent Changes to Renewable Electricity Credits

The Treasury Department and the Internal Revenue Service (IRS) are considering whether to release a third round of guidance on the production tax credit (PTC) for renewable electricity under Section 45 of the Tax Code and the investment tax credit (ITC) in lieu of the PTC under Section 48. The intent of the guidance would be to further clarify the changes in the PTC/ITC enacted as part of the American Taxpayer Relief Act of 2012 (ATRA) (Pub. L. No. 112-240). Read More

K&L Gates to Attend AWEA WINDPOWER 2014

A team of K&L Gates attorneys will attend the AWEA WINDPOWER 2014 conference and exhibition in Las Vegas from May 5 to 8. This premier industry event brings together a diverse group of professionals with interest in wind power – project developers, suppliers, technicians, power purchasers, service providers, and others – to discuss trends, to hear from innovators and specialists, and to network and collaborate with colleagues. Our attorneys look forward to contributing to the conversation at the K&L Gates exhibit booth (no. 2977). Please be sure to stop by and say hello.

Additionally, K&L Gates attorneys Sam Hines and Lindsey Greer will present on the importance of worker status in the offshore wind environment during the poster presentations on Wednesday, May 6 from 4:30pm to 6:00pm in Bayside Hall D. Please join Sam and Lindsey to discuss the various legal statuses offshore workers hold under U.S. maritime law and the potential liabilities offshore employers can face in the event of a worker injury.

We look forward to seeing you at AWEA.

To learn more about the K&L Gates attorneys attending the event, please click on the names listed below:

David Benson

David Hattery

Teresa Hill

Julius “Sam” Hines

Bill Holmes

Will Keyser

Paul Lacourciere

Andrew Young

Christian Lucky

Lindsey Greer

Ankur Tohan

Upcoming Event: Investing in Renewable Energy 2.0

On May 15, 2014, K&L Gates will host its annual event on investment in renewable energy in its Frankfurt office. The event is co-sponsored by Grontmij and Alexa Capital.

The program will address recent developments that shape the environment of investment in renewable energy, focusing on investment in the UK while also covering German and European trends.

As in previous years, the program will combine legal and commercial perspectives, and presents speakers with professional backgrounds in project development, M&A, finance and law, all widely experienced in the renewable energy sector.

This year, program and speakers include:

  • The Development of the Yield Co: implications for investing in renewables and energy

Gerard Reid, Partner, Alexa Capital

  • UK Energy Market Reform: what it means for investors

Anthony Fine, Partner, K&L Gates, London

Paul Tetlow, Partner, K&L Gates, London

  • UK Power Grids: opportunities and solutions for renewable energy industry

Vijay Shinde, Head of UK Grid Services, Grontmij, Newcastle

  • Power Purchase Agreements (PPAs): the growing need and what it means for renewable investors

Dr. Felix Grolman, CEO, Grundgrün Energie GmbH

  • The Future of Offshore Wind

Ian Nolan, Chief Investment Officer, Green Investment Bank 

  • Yield Cos: strategies to lower the cost of capital

Mark Henderson, Partner, Greencoat Capital

Nick Boyle, CEO, Lightsource 

  • Development Companies: entering and operating in the UK

Thomas Kercher, CEO, PFALZSOLAR GmbH

Oliver Christof & Constantin Windisch-Graetz, Christof AG

  • Renewable Energy 2.0: what it means for all of us

Anthony Fine, K&L Gates (Chair)

Vijay Shinde, Grontmij

Gerard Reid, Alexa Capital

Felix Groelman, Grundgrün Energie GmbH

Mark Henderson, Greencoat Capital

Nick Boyle, Lightsource

For more information: click here.

For registration: click here.

New Turns in Germany’s Energy Turnaround

In March 2014, the German government presented the details of its plans for changes in the country’s renewable energy support scheme. The planned legislation (the “Draft”), which passed the cabinet on 8 April 2014, seeks to curb the increase of energy costs and to promote a stronger market integration of renewable energy production.

Under the Renewable Energies Act (“EEG”), renewable energy producers are entitled to fixed feed-in tariffs and to priority feed-in into the grids. The spread between the market price and the feed-in tariff is levied to electricity consumers by a renewable energy surcharge (“EEG Surcharge”) whereby energy-intensive industries benefit from a reduction.

Under the EEG support scheme, renewable energy sources have experienced a boom in Germany, now serving as a source for about 25 % of the country’s electricity consumption – four times as much as a decade ago. In turn, the system has increasingly been put under political pressure as energy costs (especially for households) continue to increase. In addition, the support scheme is held to produce a paradox effect: whereas consumer prices increase due to the EEG Surcharge that levies the feed-in tariffs, wholesale electricity prices plunge because the rapidly growing renewables are flooding the market. The effect of this price development is tangible: Germany’s second largest utility, RWE AG from Essen, whose core business is electricity delivery, has announced a net loss for the year 2013 of 2.8 billion Euros. It was RWE’s first loss-making year since the end of the Second World War. Read More

Copyright © 2024, K&L Gates LLP. All Rights Reserved.