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ITC Opens Section 201 Investigation of Imported Solar Cells

On May 23, 2017, the US International Trade Commission (ITC) initiated an investigation in response to Suniva Inc.’s recent petition under Section 201 of the Trade Act of 1974. As noted in our alert earlier this week, Suniva...more

Solar Industry Import Drama Continues

On April 26, 2017, Suniva, Inc., a U.S. producer of solar cells and modules, filed a petition with the U.S. International Trade Commission (ITC) under Section 201 of the Trade Act of 1974 seeking temporary import relief...more

FERC Proposes Adding Electric Storage and Distributed Energy Resources to the Wholesale Electric Market

On November 17, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Proposed Rulemaking (NOPR) on electric storage and distributed energy resources, Docket Nos. RM 16-23-000;...more

11/22/2016  /  Energy Sector , FERC , NOPR , RTO , Wholesale

IRS Updates Beginning of Construction Guidance for Renewable Energy Tax Credits Extended by PATH Act

On May 5, 2016, the Internal Revenue Service (IRS) issued Notice 2016-31, which updates prior guidance regarding the beginning of construction requirement for IRC sections 45 and 48 renewable energy tax credits following...more

November 19, 2015 FERC Meeting – Energy Storage Panel

On November 19, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) hosted an Energy Storage Panel discussion as part of its regular monthly Commission Meeting (Docket No. AD16-12-000). The Commission...more

FERC Confirms Distribution Cooperatives Must Purchase QF Output

A distribution cooperative must purchase the electrical output made available to it by a qualifying facility (QF), notwithstanding restrictions in the cooperative’s all-requirements contract with its generation and...more

6/29/2015  /  Electricity , FERC , PURPA

Delaware Supreme Court Finds UCC Termination Filings Valid Despite Lack of Lender’s Intent

On October 17, the Delaware Supreme Court held that JP Morgan (JPM) terminated its security interest in all of the collateral provided by General Motors (GM) in support of a $1.5 billion loan, despite neither party intending...more

Are You Really Sure That Construction Began? IRS Issues Third Notice Regarding Renewable Energy Tax Credit Beginning of...

On August 8, 2014, the Internal Revenue Service (“IRS”) issued Notice 2014-46, which provides further guidance intended to assist developers and purchasers of renewable energy facilities evaluate whether such facilities...more

Legal Alert: Energy Tax Reform: Current Updates And What It Means For Companies In The Energy Sector

Energy tax reform has been the subject of three recent, and very significant, administrative and legislative proposals: - The President’s 2015 budget, released on March 4, 2014; - The comprehensive tax reform plan...more

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)...more

Have You "Begun Construction"? IRS Issues Guidance for Renewable Energy Tax Credits

On April 15, 2013, the Internal Revenue Service ( IRS) issued much - anticipated guidance that will help developers of wind, solar, biomass and certain other renewable energy facilities qualify for federal renewable energy...more

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