Alerts From the Stoel Rives Web Site http://www.stoel.com/showalert.aspx?show=2296 en-us Copyright 2013, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 5/21/2013 10:55:49 AM http://www.stoel.com/showalert.aspx?Show=10350 On April 26, 2013, the U.S. Fish and Wildlife Service (FWS) released its final Eagle Conservation Plan Guidance (ECP Guidance) (available here). The ECP Guidance is intended to promote compliance with the Migratory Bird Treaty Act (MBTA) and the Bald ... Mon, 29 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10343 On April 16, 2013, the National Ocean Council, consisting of representatives from 27 federal agencies and departments, published its long-awaited plan for implementing President Obama's National Ocean Policy.[1] The new National Ocean Policy Implementation ... Wed, 24 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10317 The IRS today issued much anticipated guidance regarding the new "beginning of construction" requirement for qualifying for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (the Code) and the investment tax credit (ITC) under ... Mon, 15 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10284 The IRS has issued welcome transition relief that extends through July 1, 2013 the deadline for filing claims for payments for biodiesel mixtures and alternative fuels sold or used in 2012. A number of fuel tax credits, including the cellulosic biodiesel ... Thu, 04 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10254 The April 10, 2013 deadline for reporting emissions under California's regulations for the Mandatory Reporting of greenhouse gases (the "MRR") is rapidly approaching. This is the second year that transportation fuel suppliers operating in California ... Mon, 25 Mar 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10188 The U.S. Department of the Treasury yesterday issued a message regarding the impact of sequestration on the Section 1603 Grant. In the message, the Treasury Department announced that awards of Section 1603 Grants made on or after March 1, 2013 and before ... Tue, 05 Mar 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10145 Last week, the South Coast Air Quality Management District held its second stakeholder workshop on its proposed Rule 1304.1. Comments on that rule are now due February 19, 2013. If adopted, Rule 1304.1 would impose substantial new fees on the replacement ... Mon, 11 Feb 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10018 Congress yesterday passed the American Taxpayer Relief Act of 2012 (the Act), which averted the so-called "fiscal cliff." The President is expected to sign the Act shortly. The Act includes a number of energy-related tax provisions, including a one-year ... Wed, 02 Jan 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9969 The IRS has revoked a taxpayer-favorable private letter ruling issued earlier this year in which the IRS concluded that no portion of the purchase price of certain wind facilities was required to be allocated to existing power purchase agreements (PPAs) ... Wed, 12 Dec 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9934 On November 14, 2012, the Federal Energy Regulatory Commission (FERC) suspended J.P. Morgan Ventures Energy Corp.'s (JP Morgan) rights to sell energy, capacity, and ancillary services at market-based rates for a period of six months starting ... Fri, 16 Nov 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9814 Recently, the Office of Management and Budget ("OMB") submitted a report to Congress indicating that, absent Congressional intervention, the amount of the grant pursuant to Section 1603 of the American Recovery and Reinvestment Act of 2009 (the "Section ... Tue, 25 Sep 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9813 On September 12 a U.S. wind project development company, Ralls Corporation ("Ralls"), owned by two Chinese nationals, filed suit against the Committee on Foreign Investment in the United States ("CFIUS"), an inter-agency U.S. government body charged ... Mon, 24 Sep 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9805 United States importers and purchasers of crystalline silicon photovoltaic cells and modules ("solar cells") now face increased prices when sourcing their supplies from China. A recent order issued by the Department of Commerce's International Trade ... Wed, 19 Sep 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9718 On July 30, 2012, President Obama signed the HEARTH Act of 2012, Public Law No. 112-151, amending the Indian Long Term Leasing Act, 25 U.S.C. § 415. The HEARTH Act authorizes Indian tribes to lease tribal land for business and other purposes ... Fri, 03 Aug 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9578 The Federal Energy Regulatory Commission's (FERC) regulations provide that, for purposes of calculating a qualifying facility's net capacity, generating facilities are considered together as a single qualifying facility if they are located within one ... Thu, 14 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9482 On April 23, 2012, the U.S. Court of Appeals for the Ninth Circuit granted the California Air Resources Board's ("CARB") motion to stay the injunction that has prevented CARB from enforcing California's low carbon fuel standard (the "LCFS") since last ... Mon, 30 Apr 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9327 On Friday, March 30, 2012, the Federal Energy Regulatory Commission (the "Commission") conditionally approved a proposal from the Midwest Independent System Operator ("MISO") to change its generator interconnection queue procedures to address backlogs ... Tue, 03 Apr 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9320 On March 28, 2012, the California Energy Commission ("CEC") voted unanimously to suspend the Renewable Portfolio Standard ("RPS") eligibility guidelines for certification of power plants generating electricity using biomethane. The suspension stems from ... Fri, 30 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9312 On March 23, 2012, the U.S. Fish and Wildlife Service (USFWS) released its highly anticipated final Land-Based Wind Energy Guidelines. The Guidelines present a tiered approach for the consideration and analysis of potential impacts to wildlife and habitat ... Thu, 29 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9270 On February 24, 2012, the U.S. Army Engineering & Support Center issued a draft request for proposals for renewable and alternative energy (the "Draft RFP"). Since posting our initial blog and Energy Law Alert, we have received a number of inquiries ... Wed, 14 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9252 In a much anticipated Federal Register Notice, the U.S. Army Corps of Engineers ("Corps") on February 21, 2012 announced the reissuance of its Nationwide Permit ("NWP") Program. 77 Fed. Reg. 10,184 (Feb. 21, 2012). NWPs provide streamlined authorization ... Mon, 05 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9245 On February 24, 2012, the U.S. Army Engineering and Support Center in Huntsville, Alabama issued a draft request for proposals (Solicitation No. W912DY-11-R-0036, the "Draft RFP") titled "Large Scale Renewable Energy Production for Federal Installations." ... Wed, 29 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9194 A version of this alert was published as "EPA's Absolute Commitment to Renewable Fuel Standards" by Law360, March 2, 2012. On February 2, 2012, the Environmental Protection Agency ("EPA") issued a Notice of Violation ("NOV") of the Renewable Fuel Standard ... Fri, 03 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9188 On January 31, 2012, the Federal Energy Regulatory Commission (FERC) conditionally accepted additional reforms to the California ISO's Generator Interconnection Procedures (GIP) that significantly change the rules that apply to developers seeking to ... Wed, 01 Feb 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9177 In a recent opinion, the United States District Court for the District of North Dakota dismissed misdemeanor criminal charges against three oil and gas companies for violation of the Migratory Bird Treaty Act ("MBTA") arising out of the incidental death ... Mon, 30 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9000 On December 15, 2011, the California Public Utilities Commission adopted Decision 11-12-052, implementing Portfolio Content Categories for the 33% Renewables Portfolio Standard (RPS) Program in California. The Decision implements portions of Senate Bill ... Mon, 19 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8925 Using its authority under Section 211A of the Federal Power Act ("FPA"), the Federal Energy Regulatory Commission ("FERC" or the "Commission") issued an order Wednesday holding that the Bonneville Power Administration's ("BPA") Environmental Redispatch ... Fri, 09 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8814 The Environmental Protection Agency (EPA) is exercising its authority and enforcing the requirements of the Clean Air Act's renewable fuel standard (RFS) program. The EPA issued twenty-four notices of violation on November 7, 2011, to petroleum refiners, ... Wed, 09 Nov 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8237 During the 2011 legislative session, the Oregon legislature passed three bills that will affect Oregon tax incentives, particularly for renewable energy projects. Of the three bills passed, the Governor has signed one; the other two are widely anticipated ... Mon, 25 Jul 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8159 The U.S. Environmental Protection Agency ("EPA") has released a series of proposed rules relating to the Renewable Fuel Standard ("RFS"). Originally enacted by Congress in the Energy Policy Act of 2005 and expanded by the Energy Independence Act of 2007, ... Tue, 28 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8151 On Tuesday, June 28, 2011, the CPUC will hold an "Electric Energy Storage Workshop" as part of its R10-12-007 proceeding for AB 2514, which defines the process by which the CPUC will consider electric energy storage (EES) standards for California's investor ... Mon, 27 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8153 Stoel Rives is pleased to announce the publication of a case study chronicling the development a hypothetical 200 MW wind project in southern California. The study covers the legal framework for a project of this scale, including real estate, permitting, ... Mon, 27 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7848 The U.S. Department of the Treasury has issued revised guidance, including additional frequently asked questions (FAQs), concerning the Section 1603 grant in lieu of tax credits. The guidance confirms and clarifies several significant issues for anaerobic ... Fri, 15 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7843 California's Governor Jerry Brown signed Senate Bill ("SB") X1-2 on Tuesday requiring California's electric utilities to procure 33% of their energy from renewable resources by 2020. Upon signing the bill, Governor Brown stated the "bill will bring many ... Wed, 13 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7832 On February 16, 2011, the U.S. Army Corps of Engineers ("Corps") published in the Federal Register its proposal to reissue 48 of its existing nationwide permits ("NWPs") and issue two new NWPs. 76 Fed Reg 9,174 (Feb. 16, 2011). The Corps is soliciting ... Tue, 05 Apr 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7805 The California Legislature has passed Senate Bill ("SB") X1-2, which requires California's electric utilities to increase their renewable generation to 33% by 2020. Passage of the legislation is the culmination of years of effort to increase California's ... Tue, 29 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7778 The Federal Energy Regulatory Commission ("FERC") is seeking comments from energy industry participants on regulatory reforms that address how FERC should regulate merchant transmission development and generator interconnection (or lead) lines. Specifically, ... Mon, 21 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7742 On Wednesday, March 9, the California Public Utilities Commission ("CPUC") held a workshop on its implementation of California's recent energy storage bill, Assembly Bill (AB) 2514, signed by Governor Schwarzenegger on September 29, 2010. AB 2514 requires ... Thu, 10 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7684 On February 23, 2011, the U.S. Environmental Protection Agency (EPA) released final rules regulating hazardous air pollutant (HAP) emissions from boilers at major sources of HAPs (Boiler MACT) and boilers at minor or area sources of HAPs (Boiler GACT), ... Thu, 24 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7427 Congress' experiment with establishing federal siting authority for transmission lines suffered another setback after a Ninth Circuit Court of Appeals decision issued yesterday, February 1, 2011, vacated the Department of Energy's ("DOE") 2007 Transmission ... Wed, 02 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7331 Unlike other types of energy development on lands administered by the U.S. Bureau of Land Management ("BLM") (e.g., wind, geothermal), solar energy has consistently encountered significant delays caused in large part by a regulatory authorization system ... Fri, 07 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7282 Yesterday, December 16, 2010, the Federal Energy Regulatory Commission (FERC) conditionally approved a proposal by the Midwest Independent Transmission System Operator (MISO) that significantly changes how large transmission upgrades are funded across ... Fri, 17 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7287 Congress yesterday passed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the Act), which extends several expiring renewable energy and fuel tax incentives and includes some new incentives that could provide significant ... Fri, 17 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7239 EPA has completed the roll out of the complex RFS2 program by setting renewable fuel quantity requirements for 2011. EPA severely curtailed the cellulosic biofuels standard from 250 million gallons to six million gallons based on limited industry growth. ... Wed, 01 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7227 REGULATORY UPDATES BELOW: FERC issues a Notice of Proposed Rulemaking on Variable Energy Resources. FERC extends the comment deadline in the Milford and Cedar Creek appeals of Transmission Owner and Transmission Operator registration. FERC denies ... Tue, 23 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7103 The Congressional Research Service has published a useful and concise summary of federal programs that provide direct and indirect incentives for biofuels. The report lists almost 20 active programs administered by five agencies including the Department ... Mon, 11 Oct 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7074 Last Thursday evening, the California Air Resources Board (ARB) unanimously adopted its Renewable Energy Standard (RES), mandating that California's electric utilities—both public and investor-owned—procure 33% of their electricity from renewable resources ... Wed, 29 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7062 Today the President signed into law the Small Business Jobs Act of 2010, which extends first-year bonus depreciation deductions to projects placed in service in 2010, including projects placed in service before the legislation was passed. Under the bonus ... Mon, 27 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7025 The California Energy Commission RPS staff has proposed some significant and potentially important revisions to the RPS Eligibility Guidebook and the Overall Program Guidebook. Written comments on the proposed revisions are due September 10, 2010, by ... Fri, 03 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7017 Last night, the California legislature failed to pass Senate Bill 722—the 33% Renewable Portfolio Standard (RPS) legislation—by the close of the legislative session. The bill would have increased California's RPS to 33% for both investor-owned and publicly ... Wed, 01 Sep 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7011 On August 25, the California Public Utilities Commission ("CPUC") issued a proposed decision ("PD") that would end the CPUC's moratorium on approval of tradable renewable energy credit ("TREC") transactions and increase the cap on such transactions for ... Fri, 27 Aug 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7012 The Treasury Department recently issued a series of FAQs in an effort to clarify when projects will be treated as having "begun construction" for purposes of the section 1603 grant. As you may be aware, a project that otherwise qualifies for the grant ... Fri, 27 Aug 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6812 On July 2, 2010, the California Independent System Operator (CAISO) proposed changes to its large generator interconnection agreement (LGIA) that will affect all asynchronous generators (predominantly wind and solar facilities) that are larger than 20 ... Tue, 20 Jul 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6762 The U.S. Treasury Department today released on its website additional guidance regarding the "begin construction" requirement for qualifying for the 30% ARRA cash grant. To qualify for the grant, a project either must be placed in service in 2009 or ... Fri, 25 Jun 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6670 Several deadlines relating to the implementation of RFS2 are rapidly approaching and should be strictly followed by renewable fuel producers to avoid loss of the value of RINs under the new system. Producers who miss the registration deadline of July ... Thu, 20 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6645 The U.S. Department of the Treasury, as part of the process of reviewing applications for the ARRA Section 1603 grant, has been making supplemental requests that applicants submit copies of their power purchase agreements (PPAs). This is creating delays ... Thu, 13 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6630 The Washington Department of Revenue announced a public hearing regarding proposed amendments to its rule governing administration of the Renewable Energy System Cost Recovery program. Pursuant to this program, participating light and power companies ... Wed, 05 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6605 Secretary of the Interior Salazar signed a record of decision on April 28, 2010 approving a commercial wind lease for the Cape Wind Energy Project, the nation's first deep water wind project. The Mineral Management Service (MMS) lease will include mitigation ... Thu, 29 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6594 On April 20, 2010, the U.S. Department of Energy (the "DOE") released the long-awaited Financial Assistance Funding Opportunity Announcement ("FOA") titled "Marine and Hydrokinetic Technology Readiness Advancement Initiative." Federal funding for this ... Mon, 26 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6569 On Monday, April 12, 2010, Governor Schwarzenegger signed SB 401, which excludes from California gross income the cash grant in lieu of tax credits (the Treasury grant) pursuant to Section 1603 of the American Recovery and Reinvestment Act of 2009 (ARRA). ... Wed, 14 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6538 On March 29th EPA signed a long-awaited interpretive ruling regarding when and how facilities that emit greenhouse gases will be subject to permitting under Title V and Major New Source Review . The federal rules state that a source must consider those ... Tue, 30 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6539 The Treasury Department recently revised its guidance concerning the "beginning of construction" requirement for qualifying for the cash grant in lieu of tax credits (the Treasury Grant) for certain renewable energy projects placed in service after 2010. ... Tue, 30 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6533 On March 24, 2010, three federal agencies announced a Memorandum of Understanding for Hydropower (the "MOU") that impacts developers of traditional hydropower, hydrokinetic, pumped storage, and small-scale hydropower facilities. The Department of Energy ... Mon, 29 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6516 Greenhouse gas (GHG) emissions are now recognized as an environmental impact under the National Environmental Policy Act (NEPA), and state analogs such as the California Environmental Quality Act (CEQA) the Washington State Environmental Policy Act (SEPA) ... Fri, 26 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6517 On Thursday, March 18, 2010, the Governor signed HB 3680, which makes substantive changes to the Business Energy Tax Credit (BETC) and delegates substantial new rulemaking authority to the Oregon Department of Energy (ODOE). The BETC is a state income ... Wed, 24 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6512 On March 18 and 19, 2010, the Federal Energy Regulatory Commission (the "Commission") issued a pair of orders that impact generation developers. In Order No. 697-D, the Commission clarified when sellers with market-based rate authority must notify the ... Tue, 23 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6504 Last week, the California Public Utilities Commission ("CPUC") finally voted to approve the use of tradable renewable energy credits ("TRECs") to satisfy obligations imposed on investor-owned utilities, energy service providers, and community choice ... Wed, 17 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6497 The U.S. Department of Treasury and the U.S. Department of Energy yesterday jointly announced the issuance of guidance regarding the federal income tax treatment of Smart Grid Investment Grant payments received pursuant to the American Recovery and Reinvestment ... Thu, 11 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6484 Senator Charles E. Schumer (N.Y.) and three other Democratic senators have joined to propose legislation that would place limitations on the grant in lieu of tax credits for renewable energy projects under section 1603 of the American Recovery and Reinvestment ... Thu, 04 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6462 In an effort to fill a budget shortfall that has now grown to $2.8 billion, the 2010 Washington State Legislature has proposed eliminating the sales and use tax exemptions for machinery and equipment used in renewable energy projects other than wind ... Thu, 25 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6425 As described in a previous alert, the Securities and Exchange Commission ("SEC") voted on Wednesday, January 27, 2010 to adopt an interpretive release to provide guidance on existing public company disclosure requirements as they apply to business or ... Fri, 12 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6393 The Securities and Exchange Commission ("SEC") voted on Wednesday, January 27, 2010 to adopt an interpretive release to provide guidance on existing public company disclosure requirements as they apply to business or legal developments relating to climate ... Mon, 01 Feb 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6377 The Federal Energy Regulatory Commission ("FERC") issued a Notice of Inquiry on January 21, 2010, initiating a proceeding in which FERC welcomes public comment on whether existing rules, regulations, tariffs, and industry practices within FERC's jurisdiction ... Fri, 22 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6362 On January 8, 2010, the Oregon Department of Energy (ODOE) issued a final administrative rule and a news release relating to the Business Energy Tax Credit (BETC) "pass-through" rates. The BETC is a state income and excise tax incentive designed to stimulate ... Tue, 19 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6355 Today the United States Supreme Court issued an 8-1 decision in an appeal known as NRG v. Maine PUC, holding that the Mobile-Sierra public interest standard applies to third-party challenges to a freely negotiated wholesale-energy contract. The "public ... Wed, 13 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6344 The California Public Utilities Commission ("CPUC") issued a proposed decision on December 23, 2009 that would, if adopted, allow California investor-owned utilities, energy service providers, and community choice aggregators to purchase renewable energy ... Mon, 11 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6326 The American Recovery and Reinvestment Act of 2009 provided $60.9 million in new funding for Washington's State Energy Program ("SEP"). Subsequently, the Washington Legislature allocated $38.5 million to the Washington State Department of Commerce (formerly ... Mon, 04 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6268 United State District Court Judge Roger W. Titus recently issued an injunction halting the construction of the Beech Ridge wind project in Greenbrier County, West Virginia (the "Project") to protect the Indiana Bat, a species listed as "endangered" under ... Thu, 17 Dec 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6026 The California Air Resources Board (CARB) has proposed a new program, to be called the Renewable Electricity Standard (RES). RES will add to the Renewable Portfolio Standard (RPS) currently enforced on California Investor Owned Utilities (IOUs). RES, ... Fri, 06 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6025 On Tuesday, November 3, the Oregon Department of Energy ("ODOE") issued temporary administrative rules relating to the Business Energy Tax Credit ("BETC"). For a description of the BETC, see our previous alerts on 2/27/2008 and 7/2/2007. ODOE issued ... Thu, 05 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5922 In a much-awaited move, the Department of Energy ("DOE") has issued another solicitation under its Section 1705 Loan Guarantee Program (the "Section 1705 Program"). Unlike other solicitations under the American Recovery and Reinvestment Act ("ARRA"), ... Wed, 07 Oct 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5897 Yesterday the IRS issued Announcement 2009-69, which revises the requirements to qualify for the safe harbor created in Revenue Procedure 2007-65 for partnership flip transactions involving wind projects with respect to which the Production Tax Credit ... Tue, 22 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5888 Controversy continues around two bills that have been hotly debated in the California State Legislature this session: Senate Bill ("SB") 14 and Assembly Bill ("AB") 64. Together, these bills would increase California's Renewable Portfolio Standard ("RPS") ... Fri, 18 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5837 One of the most controversial features of the American Recovery and Reinvestment Act ("ARRA" or the "Act") is its "Buy American" provision. There was a strong lobbying effort, which was successful, to impose domestic content requirements for all iron, ... Thu, 27 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5822 We are pleased to announce that the first edition of THE LAW OF ALGAE is available now. The LAW OF ALGAE is a guide to the business and legal issues in developing a commercial scale algae biofuels facility. We are introducing THE LAW OF ALGAE in an on-line ... Tue, 18 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5812 The Treasury Department and the Department of Energy (DOE) yesterday jointly issued guidance detailing the requirements for qualifying for the new Qualifying Advanced Energy Project (QAEP) credit. This program, which was created by the American Recovery ... Fri, 14 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5809 On August 5, 2009, the Department of Energy ("DOE") issued a funding opportunity announcement ("FOA") deploying $8.5 million to stimulate small business innovation in the energy sector. This money will fund the first of three phases for Small Business ... Thu, 13 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5803 U.S. Representatives Collin Peterson (MN) and Tim Walz (MN) introduced the Wind Energy Promotion Act (WEPA) last month. If WEPA becomes federal law, the Renewable Energy Production Tax Credit (PTC) promises to become an even more potent driver for wind ... Wed, 12 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5797 On August 6, 2009, the Department of Energy ("DOE") issued a notice of proposed rulemaking to amend 10 CFR Part 609, the rule regulating the loan guarantee program authorized by section 1703 of Title XVII of the Energy Policy Act of 2005 (hereinafter ... Fri, 07 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5792 The Department of Energy ("DOE") recently issued Funding Opportunity Announcements ("FOAs") pertaining to concentrating solar power ("CSP") generation and community renewable energy projects. FOA: Baseload CSP Generation The DOE's Solar Energy Technologies ... Thu, 06 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5791 On August 4, 2009 the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") to deploy $5.5 million from the American Recovery and Reinvestment Act ("Recovery Act") to be used to increase the availability and use of gasoline/ethanol ... Wed, 05 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5783 On July 31, 2009, the Federal Energy Regulatory Commission conditionally approved the Southwest Power Pool's ("SPP") reformed interconnection procedures. SPP hopes that the reformed procedures will help the transmission provider more effectively process ... Mon, 03 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5779 The US Department of the Treasury announced today that applications are now being accepted for grants in lieu of income tax credits pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA). ARRA, which was enacted in February, permits ... Fri, 31 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5774 U.S. Energy Secretary Steven Chu announced yesterday that the Department of Energy will provide up to $30 billion in loan guarantees for renewable energy projects. The announcement corresponded with the release of two new loan guarantee solicitations ... Thu, 30 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5766 Background on BPA's Proposed Wind Integration RateSummary of BPA's Final Record of DecisionImplications for Future Wind Integration On July 21, 2009, the Bonneville Power Administration ("BPA") issued its Final Record of Decision ("ROD") in the 2010 ... Tue, 28 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5755 On July 16, 2009, the Federal Energy Regulatory Commission ("FERC") issued its Policy Statement on smart grid technologies, directing the development of key operational standards and implementing an interim incentive rate policy that will allow for cost ... Mon, 20 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5754 The U.S. Department of Energy ("DOE") yesterday announced funding of up to $85 million over a three-year period from the American Recovery and Reinvestment Act ("ARRA") for the development of algae-based biofuels and advanced, infrastructure-compatible ... Fri, 17 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5682 The U.S. Treasury Department today issued much-anticipated guidance concerning applications to receive cash grants in lieu of income tax credits for certain renewable energy projects. Although the guidance includes a sample application form, Treasury ... Thu, 09 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5674 The Department of Energy ("DOE") recently issued a Funding Opportunity Announcement ("FOA") that makes available an estimated $32 million for modernizing the existing hydropower infrastructure in the United States and increasing the quantity and value ... Wed, 08 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5651 On June 29, 2009 the Department of Energy ("DO") issued a Funding Opportunity Announcement to provide grants to implement the Building America ("BA") program. The BA program is part of DOE's Building Technologies Program, and its long-term goal is to ... Mon, 06 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5652 On June 29, 2009 the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") for the research and development of Advanced Energy Efficient Building Technologies. DOE is seeking applications under six broad areas of interest, involving ... Mon, 06 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5653 On June 26, 2009, the U.S. Agency for International Development ("USAID") Regional Development Mission for Asia ("RDMA") issued a Request for Applications ("RFA") to deploy $6 million to fund a U.S.-China Clean Energy and Climate Partnership program. ... Mon, 06 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5636 On June 29, 2009, the Department of Energy ("DOE") issued three Funding Opportunity Announcements ("FOAs") to deploy over $41.5 million from the American Recovery and Reinvestment Act to be used to fund solid-state lighting1 ("SSL") product development, ... Wed, 01 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5640 The Washington State Department of Community, Trade, and Economic Development ("CTED") yesterday released a summary of legislative actions from 2003 to 2009 that provide state bioenergy incentives. The summary covers production and tax incentives, public ... Wed, 01 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5632 On June 25, 2009, the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") to deploy over $4.15 billion from the American Recovery and Reinvestment Act ("Recovery Act") to be used to fund smart grid projects. These funds are ... Tue, 30 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5606 On June 26, President Obama announced that he will appropriate $10.5 million for the further advancement of the Solar America Cities program. The Department of Energy (DOE) has had success recently in partnering with 25 cities across the nation to introduce ... Mon, 29 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5573 On June 23, 2009, the U.S. Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") called "Recovery Act: Large Wind Turbine Drivetrain Testing Facility." This FOA is for the design and construction of a large dynamometer facility ... Wed, 24 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5569 On June 15 the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") providing $39.5 million to enhance state government energy assurance capabilities and plan for smart grid resiliency. The initiative is designed to create jobs ... Tue, 23 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5572 On June 18, 2009, the Federal Energy Regulatory Commission (FERC) issued Order No. 697-C, reforming its change in status reporting requirements with respect to sites controlled for generation capacity development. The new rules impose an ongoing obligation ... Tue, 23 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5533 On June 9, 2009, the Department of Energy reopened a Funding Opportunity Announcement ("FOA") related to the Clean Coal Power Initiative ("CCPI"). The CCPI is a cost-shared collaboration between government and industry to advance clean coal technologies ... Wed, 17 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5534 On June 15, 2009, President Obama announced that the Department of Energy ("DOE")—in accordance with the American Recovery and Reinvestment Act ("Recovery Act" or "ARRA")—is to issue a Funding Opportunity Announcement ("FOA") to improve utility investment ... Wed, 17 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5532 On June 8, 2009, the Department of Energy ("DOE") issued a Funding Opportunity Announcement ("FOA") to deploy over $1.4 billion from the American Recovery and Reinvestment Act to be used to lower our nation's carbon emissions. The FOA will support projects ... Tue, 16 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5518 The Department of Energy ("DOE") yesterday announced more than $300 million of investments that will boost a range of clean energy technologies, including (1) high efficiency vehicles, (2) solar power, and (3) carbon capture from coal. High Efficiency ... Fri, 12 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5516 On June 1, 2009, the Department of Energy ("DOE") announced plans to deploy $256 million from the American Recovery and Reinvestment Act ("Recovery Act") to be used to improve the energy efficiency of the American economy. Three recent DOE Funding Opportunity ... Thu, 11 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5495 On May 27, 2009, President Obama announced that the Department of Energy ("DOE") would deploy $350 million from the American Recovery and Reinvestment Act ("Recovery Act") to be used to expand development, deployment, and use of geothermal energy throughout ... Fri, 05 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5497 On Friday, June 5, the Internal Revenue Service issued Notice 2009-52, which provides guidance informing taxpayers how to elect to claim the Investment Tax Credit ("ITC") under IRC § 48 in lieu of the Production Tax Credit ("PTC") under IRC ... Fri, 05 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5490 On May 27, 2009, President Obama announced that the Department of Energy ("DOE") is to provide $117.6 million to support the widespread commercialization of clean solar technologies and to scale up U.S. solar manufacturing and production. The funds are ... Thu, 04 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5465 Lately, a lot of attention has been focused on energy financing opportunities in the American Recovery and Reinvestment Act (the Stimulus Bill) (see our recent publication Show Me the Money: The Law of the Stimulus). However, there are still exciting ... Mon, 01 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5401 On May 6, 2009, the Rural Business-Cooperative Service of the U.S. Department of Agriculture announced that it is accepting applications for approximately $18 million in Value-Added Producer Grants. Funds are available for value-added agricultural projects, ... Thu, 07 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5400 On May 4, 2009, Governor Christine Gregoire signed two bills into law. Bill 5921 creates a new Clean Energy Leadership Council for the State of Washington. Bill 2289 expands the Energy Freedom Program from a biofuels-focused program to include energy ... Wed, 06 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5398 On April 22, 2009, the Department of the Interior's Minerals Management Service ("MMS") issued final rules for granting leases, easements, and rights-of-way for renewable energy project activities and alternate uses of existing facilities located on ... Tue, 05 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5367 The California legislature is considering two bills—Senate Bill (SB) 14 and Assembly Bill (AB) 64—that would prevent out-of-state wind and solar generation from being used to meet California utilities' Renewable Portfolio Standard (RPS). Both bills would ... Thu, 23 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5353 The American Recovery and Reinvestment Act ("ARRA") provides $4.5 billion to the Department of Energy's ("DOE") Office of Electricity Delivery and Energy Reliability ("OED") to be used in upgrading and modernizing the nation's electricity grid. The funds ... Tue, 21 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5247 A memorandum of understanding (MOU) signed on April 9, 2009 by Department of the Interior (Interior) Secretary Salazar and Federal Energy Regulatory Commission (FERC) Chairman Wellinghoff removes a major barrier to wave, current, and tidal hydrokinetic ... Fri, 10 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5245 Earlier this year Congress passed and the President signed the American Recovery and Reinvestment Act (the "Recovery Act"). The Recovery Act includes a number of provisions intended to promote renewable energy. For example, Section 1603 establishes grants ... Wed, 08 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5237 On October 29 of last year, the California Public Utilities Commission issued a proposed decision that, if approved, would have allowed California's investor-owned utilities to meet their obligation to procure renewable generation by purchasing tradable ... Fri, 03 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5223 The California Public Utilities Commission has begun consideration of a proposal from its Energy Division staff to expand the current feed-in tariff program to include renewable generation projects up to 10 MW. The feed-in tariff would require California's ... Tue, 31 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5243 FERC's Policy Statement on Conditioned Licenses for Hydrokinetic Projects (Nov. 30, 2007) finds implied support in a March 13, 2009 court of appeals decision dismissing Delaware's challenge of FERC's order conditionally authorizing the Crown Landing ... Wed, 18 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5115 Washington law currently provides an exemption from sales tax for sales of machinery and equipment (e.g., wind turbines and towers) used directly in generating electricity using fuel cells, wind, sun, or landfill gas as the principal source of power ... Wed, 18 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5075 On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the "Act"), a $787 billion economic stimulus package that contains numerous tax provisions related to biomass and other renewable energy projects. ... Thu, 12 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4919 In an effort to cultivate a robust green economy, the American Recovery and Reinvestment Act of 2009 (the "Stimulus Bill") provides significant funding opportunities for renewable energy, energy efficiency, energy storage and other projects in the energy ... Fri, 06 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4574 The recently adopted $787 billion economic stimulus package known as the American Recovery and Reinvestment Act of 2009 created a temporary program to facilitate the rapid deployment of renewable energy and electric power transmission projects by providing ... Tue, 03 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4511 In late February, the Federal Energy Regulatory Commission (the "Commission") significantly altered its analysis for considering merchant transmission projects. Perhaps more important, the Commission approved transmission developer proposals to allow ... Mon, 02 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4553 The Energy Division staff at the California Public Utilities Commission has proposed a set of criteria to be used to evaluate project viability for projects bidding into California's Renewable Portfolio Standard (RPS) program. The proposal is intended ... Fri, 20 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3565 As the availability of private land in Oregon suitable for siting wind energy projects diminishes, wind energy developers are increasingly looking to federal land for appropriate project sites. Development on federal lands, however, can require compliance ... Wed, 18 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3550 Yesterday Congressional negotiators agreed on the terms of the American Recovery and Reinvestment Tax Act of 2009 (the Bill), the $789 billion economic stimulus package. It is expected that the House and Senate will pass the Bill by the end of the week ... Thu, 12 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3536 Enactment of a renewable portfolio standard ("RPS") has been under consideration in Congress and elsewhere for several years. In a nutshell, an RPS would require that a certain percentage of electricity sold to retail consumers must be obtained from ... Mon, 09 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3493 On Friday, January 23, the Chairman of the Senate Finance Committee released his proposal for the economic stimulus bill. Like the House bill (H.R. 598), the proposal by Chairman Max Baucus (Chairman's Mark) is called the American Recovery and Reinvestment ... Mon, 26 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3486 The American Recovery and Reinvestment Tax Act of 2009 (H.R. 598 - the Bill) was introduced in the House of Representatives on January 16, 2009 as part of an $825 billion economic stimulus plan. The Bill contains a number of incentive provisions for ... Thu, 22 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3435 For over 30 years, companies operating in the global energy arena have had to comply with the U.S. Foreign Corrupt Practices Act ("FCPA"). During the past 10 years, other countries have enacted their own versions of the FCPA. International energy companies ... Tue, 06 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3414 President-elect Barack Obama's choice of California congresswoman Hilda Solis as Labor Secretary highlights the significance the incoming administration is placing on clean renewable energy and the contributing role of green jobs. Rep. Solis is a key ... Mon, 22 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3411 Last week, California Assembly members Paul Kerkorian, Karen Bass, and Sam Blakeslee introduced Assembly Bill 64 (AB 64), proposing dramatic changes to how California will proceed with its Renewable Portfolio Standard (RPS). Consistent with Governor ... Fri, 19 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3408 On November 26, 2008, the Internal Revenue Service (IRS) issued Notice 2008-110, which provides guidance regarding the income and excise tax credits for biodiesel and cellulosic biofuels under sections 40A, 6426 and 6427(e) of the Internal Revenue Code ... Thu, 18 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3338 Directives of S-14-08 On November 17, 2008, Governor Schwarzenegger signed Executive Order S-14-08, revising California's existing Renewable Portfolio Standard (RPS) upward to require all retail sellers of electricity to serve 33% of their load from ... Tue, 25 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3333 The "welcome" sign to continued alternative energy development in the State of Washington is out. The Washington State Supreme Court yesterday affirmed the primacy of the Energy Facility Site Evaluation Council's (EFSEC) authority to process applications ... Fri, 21 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3285 In a move that has been long awaited by the renewable energy industry, the California Public Utility Commission ("CPUC") on October 29, 2008 issued a draft decision that would allow California utilities to comply with the state's renewable portfolio ... Thu, 06 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3282 In an October 16 Resolution (E-4196), the California Public Utilities Commission rejected the power purchase agreement (PPA) between Pacific Gas & Electric (PG&E) and Finavera Renewables, Inc. for the output of Finavera's proposed 2 MW ... Mon, 03 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3254 On October 16, 2008, the Federal Energy Regulatory Commission ("FERC") issued an order holding that its Federal Power Act ("FPA") jurisdiction extends to hydrokinetic projects on the outer continental shelf ("OCS"). FERC's order rejected Department of ... Wed, 22 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3227 The Utah Public Service Commission ("Commission") has issued an order approving the request by Milford Wind Corridor Phase I, LLC and Milford Corridor Phase II, LLC (collectively, "Milford Wind") for a certificate of public convenience and necessity ... Mon, 13 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3208 President Bush last week signed into law H.R. 1424, which includes the Energy Improvement and Extension Act of 2008 (the Act). The Act contains a number of tax incentives for renewable energy and other energy activities, including the much-anticipated ... Wed, 08 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3138 Federal Energy Regulatory Commission ("FERC") comments, dated August 28, 2008, on the Mineral Management Service ("MMS") proposed rule on alternative energy and alternate use of the outer continental shelf ("OCS") recommend that MMS remove wave and ocean ... Tue, 09 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3133 On August 25, 2008, the Federal Energy Regulatory Commission (the "Commission" or "FERC") conditionally approved the Midwest Independent Transmission System Operator's ("MISO") proposal to reform the generator interconnection queue process. This order ... Mon, 08 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3056 On July 31, 2008, the Oregon Public Utility Commission ("the OPUC") issued an Order that paves the way for developers to build and operate solar and wind facilities on property that belongs to utility customers. The Order comes less than two months after ... Mon, 04 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3045 On Wednesday, July 23, the Minerals Management Service ("MMS") announced that it will proceed with next steps to issue 12 limited leases to conduct wind, wave, and ocean current data collection and technology testing activities on the Outer Continental ... Tue, 29 Jul 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3039 Reversing its own earlier decision, the Utah Public Service Commission (the "Commission") has concluded that a wind power project must obtain a certificate of public convenience and necessity ("CPCN") for a 90-mile transmission line proposed in connection ... Mon, 28 Jul 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3038 On July 9, 2008, the Department of the Interior's Minerals Management Service (MMS) issued proposed regulations for granting leases, easements, and rights-of-way for alternative energy project activities and for alternate uses of existing facilities ... Fri, 25 Jul 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3003 The Environmental Protection Agency (EPA) recently publicized practices that it claims are illegal under its complex system for documenting compliance with the Renewable Fuel Standard. The system requires obligated parties to establish that they have ... Mon, 30 Jun 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3001 On June 26, 2008, the California Air Resources Board (CARB) issued a draft scoping plan for implementation of AB 32, the Global Warming Solutions Act of 2006. AB 32 requires California to reduce its emissions of six greenhouse gases to 1990 levels by ... Fri, 27 Jun 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2956 On May 16, 2008 the Federal Energy Regulatory Commission (the "Commission") issued an order upholding New Harquahala Generating Company's ("Harquahala") registration with the National Electric Reliability Corporation ("NERC") as a transmission owner ... Tue, 20 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2908 On March 20, 2008, the Federal Energy Regulatory Commission ("FERC") issued an Order on Rehearing and Clarification and Amending License ("Rehearing Order") amending the Conditioned Original License issued by FERC for the Makah Bay Offshore Wave Pilot ... Thu, 10 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2901 The Public Utilities Commission of Nevada (the "PUCN") recently ordered that an investigation be opened into whether renting or leasing renewable generation systems is legal within the electric service territories of public utilities in Nevada. Commission ... Mon, 31 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2880 The IRS this week issued guidance (Notice 2008-40) concerning thededuction for energy efficient commercial buildings under section 179D of the Internal Revenue Code, including guidance regarding the deduction allocable to designers of government-owned ... Fri, 14 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2910 On February 22, the Oregon Legislative Assembly passed HB 3619, which will modify the Oregon Business Energy Tax Credit ("BETC"). Based on the bill's overwhelming support in both the House and Senate, it is expected to be signed by the Governor. The ... Wed, 27 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2858 Late last week Congress passed the Economic Stimulus Package of 2008 (the Act), which President Bush is expected to sign into law this week. Although the proposed extensions of the production tax credit (PTC) and investment-based energy credit were removed ... Tue, 12 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2857 The Washington Department of Ecology ("Ecology") filed a petition on January 17, 2008 requesting that the Federal Energy Regulatory Commission ("FERC") rescind its first ever hydrokinetic license. Issues raised in Ecology's petition are not unique to ... Mon, 11 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2845 A recent Kansas State animal science study shows increased growth of Escherichia coli (E. coli) O157:H7 in feeder cattle fed with distillers grains, which are a co-product of ethanol production. The study may have significant effects on the potential ... Mon, 28 Jan 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2821 This alert summarizes the provisions of Subtitles A and B of Title II of the Energy Independence and Security Act of 2007 ("EISA"), relating to the increased production of biofuels under the Renewable Fuel Standard ("RFS") and funding available to encourage ... Mon, 07 Jan 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2809 Signed by the President on Wednesday as part of the Energy Independence and Security Act of 2007 (the "EISAct"), the Marine and Hydrokinetic Renewable Energy Research and Development Act (the "Act") could provide a significant boost to the development ... Thu, 20 Dec 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2811 This alert summarizes the provisions of Subtitle C of Title II of the Energy Independence and Security Act of 2007 ("EISA"), relating to retail sales of renewable fuels such as E85 or B20. EISA was signed into law December 19, 2007 and takes effect January ... Thu, 20 Dec 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2781 The EPA's final Renewable Fuel Standard (RFS) rules were published May 1, 2007, and became effective September 1, 2007. The rules impose registration and reporting requirements on biofuels producers making transfers of renewable fuels after September ... Mon, 12 Nov 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2779 On Tuesday, November 6, the Minerals Management Service ("MMS") announced plans for an Alternative Energy and Alternative Use ("AEAU") program that would govern the sale of leases for wind, wave and ocean-current developments on the Outer Continental ... Thu, 08 Nov 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2747 The Internal Revenue Service has published a revenue procedure establishing a safe harbor with respect to allocation of production tax credits from wind energy facilities. Section 45 of the Internal Revenue Code (IRC) provides for a renewable electricity ... Fri, 19 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2633 The Oregon Public Utility Commission has published proposed Small Generator Interconnection Rules to provide procedures and standards for connecting a small generator facility to a regulated electric transmission and distribution ("T&D") system ... Fri, 28 Sep 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2535 On August 7, Oregon's Gov. Ted Kulongoski signed landmark climate change legislation to reduce carbon emissions and address the threats of global climate change. The new law, House Bill 3543 ("HB 3543"), sets ambitious goals for reducing greenhouse gas ... Wed, 22 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2505 Under revised net metering rules in Oregon, businesses, schools, and other non-residential customers of Portland General Electric and PacifiCorp will be able to install up to 2 megawatts of onsite electrical generation, such as solar panels, and qualify ... Tue, 07 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2500 The California Public Utilities Commission ("CPUC") has initiated proceedings to begin examining the potential use of renewable energy credits ("RECs") for compliance with California’s Renewables Portfolio Standard ("RPS") which requires utilities to ... Mon, 30 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2481 On June 25, two days before adjourning the session, the Oregon legislature passed HB 3201 to expand the scope of Oregon’s existing Business Energy Tax Credit ("BETC"). Among other changes, the BETC provisions of the bill: Nearly triple the amount ... Mon, 02 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2476 Oregon continues to distinguish itself in the renewable energy sector as it breaks ground in the area of biofuels. On June 20, the Oregon legislature passed one of the most aggressive biofuels incentive packages in the United States. It sets renewable ... Tue, 26 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2477 By Beth S. Ginsberg, Michael P. O'Connell, and Barbara D. Craig1 On June 25, 2007, the U.S. Supreme Court issued a 5-4 split decision in National Association of Home Builders v. Defenders of Wildlife, 2007 WL 1801745, that is expected to have far-reaching ... Tue, 26 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2469 On Friday, June 15, Pacific Gas and Electric (PG&E) and Southern California Edison (SCE) filed an Amended Petition to Modify Decision 04-06-014 with the California Public Utilities Commission, seeking to amend the standard terms and conditions ... Thu, 21 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2454 The Oregon legislature is carving out a new path to the ocean. Several pieces of legislation may facilitate the development of wave energy conversion ("WEC") projects, helping propel Oregon to the forefront of this emerging renewable energy sector. Senate ... Wed, 13 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2423 The Oregon Legislature has sent a strong signal that Oregon is serious about being a leader in renewable energy by passing one of the most ambitious renewable energy laws in the nation, the Oregon Renewable Energy Act (OREA). Governor Ted Kulongoski, ... Wed, 23 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2355 On May 3rd, Washington took a major step towards reducing greenhouse gas ("GHG") emissions. Following California’s lead last September, Governor Christine Gregoire signed Substitute Senate Bill 6001 (SSB 6001), which establishes statewide GHG emissions ... Fri, 04 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2321 On April 3, 2007, the IRS issued Notice 2007-37 (the "Notice"), which provides guidance regarding the application of certain tax credit and payment provisions of the Internal Revenue Code (the "Code") to fuels produced by coprocessing biomass and petroleum ... Fri, 20 Apr 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2299 For the "doubting Thomas’s" who wondered whether wind power could ever provide more than a tiny percentage of the generation resource in the Northwest , the newly released NORTHWEST WIND INTEGRATION ACTION PLAN (NWIAP) provides an unequivocal response—there ... Tue, 27 Mar 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2302 FERC’s long-awaited order reforming its open access transmission tariff ("OATT") rules includes several changes intended to improve transparency of transmission service and address transmission barriers for wind projects. Although FERC has touted the ... Thu, 22 Feb 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2303 In response to public and industry concerns about "site banking" — preliminary permit holders tying up potential sites without the ability to adequately pursue necessary project development during the term of the preliminary permit — FERC issued a Notice ... Tue, 20 Feb 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2304 On December 12, the Ninth Circuit ruled that the Federal Energy Regulatory Commission (FERC) is not required to consult under Section 7 of the Endangered Species Act (ESA) over ongoing operation of a hydroelectric project under an existing 30-year FERC ... Wed, 20 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2305 COMMENTS DUE JANUARY 2, 2007 On December 13, the California Public Utilities Commission (CPUC) issued a proposed decision on the greenhouse gas emissions performance standard under Senate Bill (SB) 1368. SB 1368 bars California load serving entities ... Mon, 18 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2306 Congress late last week passed the Tax Relief and Health Care Act of 2006, H.R. 6408 (the Act), which, among other things, extends the sunset dates for the production tax credit (the PTC) and the energy credit. Some of the noteworthy energy-related provisions ... Tue, 12 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2307 A recent Federal Energy Regulatory Commission (FERC) Order suggests that an interconnection customer may lose its place in the queue when it requests suspension of an interconnection agreement. The Order emphasizes that a transmission provider may consider ... Thu, 16 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2297 Washington voters appear to have approved Initiative Measure No. 937 (I-937), commonly referred to as the renewable portfolio standard (RPS). Although more than 300,000 ballots remain uncounted according to the Secretary of State's office as of publication, ... Mon, 13 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2298 Voters in Washington appear to have approved Initiative Measure No. 937 (I-937), commonly referred to as the renewable portfolio standard (RPS). As of publication, 51.9% of voters favor its adoption with a 61,078 vote spread. 343,396 ballots remain uncounted ... Thu, 09 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2309 On September 29, 2006, Governor Schwarzenegger signed Senate Bill 1368, which bars any electric utility (as well as energy service providers and community choice aggregators) from entering into a new ownership investment in baseload generation or a new ... Thu, 26 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2308 On October 20th, FERC issued an order modifying the obligations of electric utilities to purchase power from qualifying facilities (QFs) under the Public Utility Regulatory Policies Act of 1978 (PURPA). Under PURPA, investor-owned utilities are required ... Mon, 23 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2310 On September 27, the Department of Defense ("DOD" or "Department") made public its long-awaited report entitled "The Effect of Windmill Farms On Military Readiness." The report concluded that wind farms located within radar line of sight of an air defense ... Thu, 19 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2385 On Friday, September 22, 2006, the Environmental Protection Agency (EPA) published a Notice of Proposed Rulemaking (NPR) in the Federal Register outlining a comprehensive, long-term Renewable Fuel Standard (RFS) Program. Congress authorized this program ... Tue, 10 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2311 An already overheated solar energy market is about to get hotter now that the guidelines for California’s $3.35 billion solar incentive program have been established. Since the announcement of the program in January 2006, with its 3,000 MW goal, solar-grade ... Tue, 29 Aug 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2312 Comments Due by July 5 As offshore renewable energy projects approach commercialization, questions remain as to which agencies—federal, state, or both—will take the lead in overseeing development and what their roles will be. Since rules and program ... Wed, 28 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2314 The Federal Energy Regulatory Commission, or FERC, has announced sweeping changes to the Open Access Transmission Tariff ("OATT"), which governs the interstate transmission of electricity by the majority of the nation’s transmission providers. FERC’s ... Tue, 23 May 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2315 Senator Chuck Grassley (R-IA) introduced S. 2401, the "Alternative Energy Extender Act," on March 13, 2006, which would extend a number of energy-related tax incentives. The bill was referred to the Committee on Finance, where no further action has thus ... Thu, 06 Apr 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2316 On March 30, Governor Christine Gregoire signed into law ESSB 6508, establishing one of the most aggressive alternative fuels requirement in the nation. The bill amends and adds new sections to the Motor Fuel Quality Act (19.112 RCW) to require that ... Tue, 04 Apr 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2353 The Internal Revenue Service (IRS) has resolved a longstanding issue of interpretation in favor of owners and developers of alternative energy projects, as well as the states that support those projects through state tax credits. In a revenue ruling ... Thu, 09 Feb 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2318 On August 8, 2005, President Bush signed into law The Energy Policy Act of 2005 (the "Act"), which adds a number of tax incentives beneficial to the construction industry. Following are brief summaries of some of the most notable provisions of the Act: ... Fri, 11 Nov 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2319 RENEWABLES PORTFOLIO STANDARD In 2002, California enacted Senate Bill (SB) 1078, establishing the California Renewables Portfolio Standard (RPS) program. Among the most aggressive such programs in the United States, SB 1078 requires 20% of utility ... Tue, 27 Sep 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2386 The Energy Policy Act of 2005 (the "Act") has been signed into law by President Bush. The Act addresses at length the construction and operation of electric transmission facilities. Some of the more important provisions include: Transmission Infrastructure ... Fri, 02 Sep 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2387 The Energy Policy Act of 2005 was signed into law by President Bush on August 8, 2005, in a ceremony in New Mexico. The U.S. House of Representatives and the Senate passed the Act by votes of 275-156 and 71-29, respectively, prior to adjourning for the ... Mon, 15 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2380 The Energy Policy Tax Incentives Act of 2005 (the "Act"), which passed both houses of Congress late last week as part of the larger Energy Policy Act of 2005 and is expected to be signed by the President shortly, contains a number of tax incentives relating ... Mon, 15 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2388 The Energy Policy Act of 2005 (the "Act") has been signed into law by President Bush. The Act contains a number of provisions of importance to the geothermal industry. Some of the most notable geothermal provisions include: PRODUCTION TAX CREDIT EXTENSION ... Mon, 08 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2389 The Energy Policy Act of 2005 (the "Act") has been signed into law by President Bush. The Act includes important benefits for producers of ethanol, and for the biomass industry in general. Some of the most notable ethanol and biomass provisions include: ... Mon, 08 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2390 The Energy Policy Act of 2005 (the "Act") has been signed into law by President Bush. The Act repeals the longstanding Public Utility Holding Company Act of 1935 ("PUHCA"). The Act also amends the Public Utility Regulatory Policies Act of 1978 ("PURPA") ... Mon, 08 Aug 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2393 NEW RULE WOULD OFFER TO PROVIDE LOW-COST HOURLY FIRMING FOR WIND GENERATION RESOURCES. RUN-OF-RIVER HYDROELECTRIC GENERATION AND SOLAR GENERATION ALSO MAY BENEFIT. On April 14, 2005, the Federal Energy Regulatory Commission issued a proposed rule designed ... Tue, 19 Apr 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2394 Key members of Congress reportedly have agreed to an extension of the production tax credit ("PTC") through December 31, 2005. According to latest reports from Congress, the extension would be retroactive for facilities placed in service during the first ... Thu, 23 Sep 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2395 In GeneralInvestors and developers have been able to significantly improve the economics of wind power projects by "monetizing" the federal production tax credit ("PTC"). There are a number of transaction structuring alternatives to achieve this, although ... Wed, 01 Sep 2004 00:00:00 GMT