Regulatory developments include FERC’s actions on electric storage resources participating in the wholesale markets, co-location of large electric loads, qualifying facility eligibility, and reliability rules for...more
The IRS and Treasury on June 3 issued proposed regulations under Sections 45Y and 48E (proposed regulations), which address clean electricity production and investment tax credits, respectively, that generally replace...more
A few months ago we wrote about Congress utilizing the Inflation Reduction Act of 2022 to offer bonus tax credits to certain energy facilities for meeting specified “domestic content” requirements. Relying heavily on the...more
The Inflation Reduction Act (“IRA”) created new incentives for the generation of electricity from nuclear power plants, supplementing incentive provisions that are currently in place. The primary changes are (i) the adoption...more
Under Public Utility Regulatory Policies Act of 1978 (“PURPA”) and section 292.207(b) of the Commission’s regulations, a small power production Qualifying Facility (“QF”) cannot exceed 80 megawatts (“MW”) at a single...more
The Energy Facility Site Evaluation Council (EFSEC) is continuing its efforts to develop a streamlined process for permitting solar energy facilities in Washington state. EFSEC’s goal is to develop a more efficient,...more
In a decision breaking with long-established precedent, the Federal Energy Regulatory Commission (FERC) ruled in a Sept. 1, 2020, order that small power production qualifying facilities (QFs) cannot circumvent the 80 MW power...more
On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872 (“Order”), a final rule that significantly revised its rules implementing the Public Utility Regulatory Policies Act of...more
On May 27, 2020, the IRS issued Notice 2020-41, which responds to industry-wide supply chain disruptions due to the COVID-19 pandemic by giving renewable energy developers additional time to complete their projects. Most...more
On May 27, 2020, the US Internal Revenue Service (the “IRS”) released Notice 2020-41 (the “Notice”), updating the IRS guidance on the start-of-construction rules for the production tax credit (“PTC”) and energy investment tax...more
On February 5, DOE released a Request for Information/Notice of Intent (RFI/NOI), which announced DOE’s intent to solicit applications for two Advanced Reactor Development (ARD) awards. Each award will be in the amount of $80...more
The NRC’s Reactor Decommissioning Financial Assurance Working Group recently held a public meeting to receive comments on potential guidance updates before publishing its final report. Prior to the public meeting, the working...more
On May 13, 2019, the Internal Revenue Service (IRS) released Notice 2019-31, which provides the 2019 inflation adjusted amounts for the section 45Q carbon oxide sequestration credit. The section 45Q carbon oxide sequestration...more
On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more
On April 1, 2017, substantial portions of the Amendments ("Amendments") to The Act on Special Measures Concerning the Procurement of Renewable Energy by Operators of Electric Utilities (the "Act") will become effective. These...more
Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more
On May 5, 2016, the IRS released Notice 2016-31, which provides additional guidance on the “start of construction” requirements for the production tax credit (PTC) and investment tax credit (ITC) in lieu of the PTC. Notice...more
On May 5, 2016, the IRS released new guidance regarding the renewable energy production tax credit (“PTC”) and energy investment tax credit (“ITC”) which most in the renewable energy industry will find favorable. ...more
The IRS recently issued Notice 2016-31, providing further guidance regarding the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code and the investment tax...more
New Jersey has recently launched the New Jersey Energy Resilience Bank (ERB), a public infrastructure bank focusing on energy resilience. As part of Governor Christie’s continuing efforts to minimize the impact of future...more
In proposing to approve NERC’s new Physical Security Reliability Standard, FERC also seeks the ability to identify facilities that must be protected....more
New proposals aim to reduce regulatory burden on generation developers. On May 15, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Proposed Rulemaking (NOPR) that proposes to...more
The IRS recently released guidance in the form of an IRS Notice implementing a rule change under the American Taxpayer Relief Act of 2012 concerning the construction deadline that renewable energy facilities must meet to...more
Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program....more
On April 15, 2013, the IRS released Notice 2013-29, which addresses the requirement that construction of a qualified facility must begin before January 1, 2014, in order to be eligible for the renewable electricity production...more