Wind – Global Power Law & Policy

Join Us at Solar Power International

Sep 09 2020

Please join K&L Gates Energy, Infrastructure and Resources Practice Area Leader, David Benson, at Solar Power International as he moderates the panel, “The Evolution of Finance in a Changing Offtake Market,” on Friday, September 25, 2020, at 3:05pm EDT.

This panel will discuss new revenue models, such as merchant projects, hedging strategies, and VPPAs, are changing how renewable energy projects are being financed. Topics will include how panelists view projects with these evolving offtake approaches and how they view risk in these markets, taking the audience through transaction structures and what it takes to execute renewable energy deals.

For more information on Solar Power International, please click here.

U.S. Army Corps Proposes Two New Nationwide Permits for Utility Lines and Revises Additional Nationwide Permits Impacting Utility-Scale Wind and Solar Infrastructure

Aug 25 2020

Authors: Ankur K. Tohan, Robert M. Smith, and Natalie J. Reid

The U.S. Army Corps of Engineers (USACE) has proposed revisions to its Nationwide Permits (NWPs) that will significantly change to how utility lines will be treated under the NWP program. Currently, only one NWP exists to address the construction of all utility lines: NWP 12. The USACE proposes to add two new utility line permits: NWP C: Electric Utility Line and Telecommunications Activities and NWP D: Utility Line Activities for Water and Other Substances. The USACE further intends to limit existing NWP 12 to only oil and natural gas activities. Finally, the USACE has proposed to further reduce the regulatory obstacles faced by wind and solar project developers by modifying additional NWPs.

The key changes relevant to wind and solar developments are the creation of NWP C, the elimination of many Pre-Construction Notification requirements, and the removal of the 300 linear foot limit for losses to stream bed in NWP 51. To read the full alert CLICK HERE.

The Energizer – Volume 66

May 21 2020

By: Buck B. Endemann, Daniel S. Cohen, Molly K. Barker, Olivia B. Mora, Abraham F. Johns, Natalie J. Reid, Matthew P. Clark

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector.

There is a lot of buzz around blockchain technology, distributed energy resources (“DERs”), microgrids, and other technological innovations in the energy industry. As these innovations develop, energy markets will undergo substantial changes to which consumer 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 blockchain technology, DERs, and other innovations driving the energy industry forward. To subscribe to The Energizer newsletter, please click here.

IN THIS ISSUE:

Researchers Use Machine Learning to Identify the Next Generation of Gas Separation Technology
Equinor, Shell, and Total Launch the “Northern Lights Project”
Hybrid Wind Energy Project is on the Horizon in the Philippines
Energy Coalition Receives Grant to Model Affordable Renewable Energy Source for a Disadvantaged Los Angeles Community

To view more information on these topics in Volume 66 of The Energizer, CLICK HERE.

Treasury to Extend Deadlines for Accessing Wind, Solar Tax Credits

May 07 2020

Author: Elizabeth Crouse

This afternoon, the Office of Legislative Affairs at the Department of Treasury, issued a letter to Charles Grassley, the Chairman of the Senate Committee on Finance, indicating that Treasury intends to issue administrative relief to the solar and wind industries regarding certain investment tax credit (“ITC”) and production tax credit (“PTC”) deadlines. Although the letter does not provide any details as to the nature of this relief, Chairman Grassley’s April 23, 2020 letter to Treasury requested that the four-year safe harbor for the continuous construction and continuous efforts test for the PTC and ITC be extended to a five-year safe harbor period.

Chairman Grassley did not request administrative relief concerning the impact of COVID-19 related measures taken by manufacturers and shipping companies on a customer’s “reasonable expectation” that materials purchased in 2019 would be delivered within 3.5 months after payment. This latter provision is important for purposes for establishing beginning of construction of solar projects in 2019.

Offshore Wind Farms Are Spinning Up in the US—At Last

Apr 17 2019

By Eric Niller of Wired

On June 1, 2019 the Pilgrim nuclear plant in Massachusetts will shut down, a victim of rising costs and a technology that is struggling to remain economically viable in the United States. But the electricity generated by the aging nuclear station soon will be replaced by another carbon-free source: a fleet of 84 offshore wind turbines rising nearly 650 feet above the ocean’s surface.

In this article from Wired, K&L Gates partner and Practice Group Coordinator for power David Hattery discusses how in recent years, wind turbines and their technologies have become more palatable, and therefore are more accessible, to communities. Because of this, turbines are able to generate more power than ever.

Click here to read the full article.

Join K&L Gates at the Infocast Wind Power Finance & Investment Summit

Feb 04 2019

K&L Gates welcomes you to join us at the Infocast Wind Power Finance & Investment Summit. As a Gold Sponsor for the Summit, we are excited to have the opportunity to meet with you! The conference will be held on February 5-7 at the Omni La Costa Resort and Spa in San Diego, CA.

K&L Gates Highlights

Portland partner Bill Holmes will serve as the Master of Ceremonies for the Summit.
Stop by table 21 at the Exhibit Hall to meet our team and pick up a hard copy of our Offshore Wind Handbook.
We will also have copies of the third edition of our very popular K&L Gates Energy Storage Handbook.

We look forward to seeing you!

Join K&L Gates at NEBC’s Energy Workshop on Thursday, June 7

May 31 2018

Please join us on Thursday, June 7, 2018 as we host the Northwest Environmental Business Council’s (NEBC) Energy Workshop “Powering Our Future: Insight into the Growth of Renewables.”

As host of the event in our Seattle office, our partners Ankur Tohan and Alyssa Moir and associate Endre Szalay will speak on a panel titled “Solar & Wind Project Development: Navigating Risk and Seizing Opportunity.”

PROGRAM OVERVIEW

Join us for an engaging afternoon of discussions on policy, technology, and legal hot topics in the renewable energy industry. Panelists representing perspectives from power producers, power purchasers, energy investors, utility, and the legal industry will discuss the role of competitive markets in the renewable energy sector, the impact and increasing presence of renewables and storage on the grid, and renewable project development issues and opportunities with a focus on the Northwest.

The workshop is presented free of charge to NEBC members and all interested parties.

DETAILS

Thursday, June 7
1:45 – 2:00 p.m.: Registration & Opening Remarks

2:00 – 5:00 p.m.: Technical Workshop

5:00 – 6:00 p.m.: Happy Hour

Location: K&L Gates LLP, 925 Fourth Avenue, Suite 2900, Seattle, WA

REGISTRATION

For more details and to register, click here.

Tax Reform Goes to the President: How Did Renewables Fare?

Dec 21 2017

By Charles H. Purcell, Rachel D. Trickett, and Elizabeth C. Crouse

On December 20, 2017, the U.S. House of Representatives voted to send the Tax Cuts and Jobs Act (the “Act”) to the president for his signature, which is the final step required to make the Act effective. What does the final bill mean for the renewable energy industry? The Investment Tax Credit (“ITC”) and the Production Tax Credit (“PTC”) appear to remain unchanged (for now) and the Base Erosion and Anti-Abuse Tax (aka, the BEAT or International AMT) in the final version of the Act is better for the renewables industry than in previous iterations. Nevertheless, a handful of other provisions may significantly impact the renewable energy industry.

The Business of of Wind in the Northwest – Presented by The Seminar Group

Apr 18 2017

How is big business putting wind to work? Why does it make financial sense? This event, presented by The Seminar Group, will explore answers to these questions and discuss the status of wind power development in the west, wind power siting, utility perspectives of renewables, Cal ISO expansion, and equity financial structures and tax considerations.

Portland partner Bill Holmes is serving as Program Chair for this progrm Thursday, May 4 at the World Trade Center in Portland, Oregon.

In addition, Seattle partner David Benson will serve as a faculty member for the program.

Bill will present on the Status of Wind Power Development in the West and David will speak on a panel covering Equity, Financial Structures and Tax Considerations.

To learn more about this event and register, click here.

New Treasury Guidance Significantly Expands Field of Renewable Energy Projects That May Qualify for the PTC or ITC

May 25 2016

On May 5, the U.S. Treasury Department released Notice 2016-31 to address certain changes made to the Production Tax Credit (“PTC”) and Investment Tax Credit (“ITC”) in the Protecting Americans from Tax Hikes (“PATH”) Act of 2015, Pub. L. No. 114-113, Div. Q. The Notice generally extends the application of the “beginning of construction” and “continuous construction” requirements set forth in Notices 2013-29, 2013-60, 2014-46, and 2015-25, and also favorably modifies several key factors of both requirements. In addition, on May 18, the U.S. Treasury Department released a revised version of Notice 2016-31, which states that the provisions of Notice 2016-31 apply to any project for which a taxpayer claims the PTC or, via Code Section 48(a)(5), the ITC, that is placed in service after January 2, 2013.

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