Kurt Rempe

Kurt Rempe

Foley & Lardner LLP

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Just in Time for the Holidays: President Obama Signs ITC and PTC Extension Into Law

On December 18, 2015, President Obama signed into law the bipartisan $1.1 trillion Consolidated Appropriations Act of 2016 and the $680 billion Protecting Americans From Tax Hikes (PATH) Act of 2015, better known as the as...more

12/22/2015 - Barack Obama Investment Tax Credits New Legislation Production Tax Credit Renewable Energy Tax Extenders Tax Extensions

Breaking News: Congress Set to Vote On Spending Bill Including 5 Year Extension of ITC and PTC

Congressional leaders reached a much anticipated bi-partisan agreement in an omnibus appropriations bill that includes an extension (with phasedowns) of the section 48 investment tax credit (ITC) for solar energy property and...more

12/17/2015 - Crude Oil Investment Tax Credits Production Tax Credit Renewable Energy Solar Energy Tax Extenders Tax Extensions

FERC Clarifies that Certain Qualifying Facilities (QFs) are Exempt from FPA Section 203

FERC recently issued an order confirming that certain qualifying facilities (“QFs”) under the Public Utility Regulatory Policies Act of 1978 (PURPA) are exempt from section 203(a)(1) of the Federal Power Act (“FPA”) pursuant...more

12/14/2015 - Chevron Declaratory Rulings Federal Power Act FERC Public Utility PURPA

IRS Releases Favorable Guidance for Individual Investors in Community Solar to Claim Section 25D Tax Credit

The IRS recently issued a Private Letter Ruling (PLR) clarifying that an individual investor in a net-metered community solar project may claim the federal residential Investment Tax Credit (ITC) under Section 25D of the...more

9/18/2015 - Community Shared Solar Income Taxes Investment Tax Credits IRS Net Metering Private Letter Rulings Renewable Energy Solar Energy Solar Farm Solar Panels Tax Credits

FERC Issues Proposal to Ease Regulation of Gen-Tie Lines

FERC has issued a Notice of Proposed Rulemaking (NOPR) that would substantially reduce the regulatory burdens placed on energy project developers that construct generator lead lines (gen-tie lines) to interconnect their...more

3/30/2015 - Energy Projects Energy Sector FERC Interconnections NPRM

IRS Issues Notice 2015-25 Extending Safe Harbor for Continuous Construction in Order to Take Advantage of Renewable Energy Tax...

Thursday, the IRS issued Notice 2015-25, which updates the guidance in Notices 2013-29, 2013-60, and 2014-46. These Notices provide that a taxpayer can show that it has “begun construction” of its qualified renewable energy...more

3/16/2015 - IRS Production Tax Credit Renewable Energy

Production Tax Credit Extended for Renewable Projects Beginning Construction in 2014

On December 19, 2014, President Obama signed into law the Tax Increase Prevention Act of 2014 (H.R. 5771). H.R. 5771 includes a retroactive one-year extension of the section 45 renewable electricity production tax credit...more

1/23/2015 - Biomass Electricity Energy Policy Geothermal Energy New Legislation Production Tax Credit Renewable Energy Solar Energy Tax Extenders Wind Power

IRS Releases Guidance on Performance and Quality Standards for Small Wind Energy Property

The IRS recently released Notice 2015-4 (the Notice), which provides performance and quality standards that small wind energy property (defined under section 48(c)(4) of the Code as property utilizing a “qualifying small wind...more

1/19/2015 - Energy Projects Investment Tax Credits IRS Wind Power

IRS Releases New Guidance on Beginning of Construction

The IRS recently released Notice 2014-46 (the Notice) which provides welcome guidance to tax equity investors and developers on the construction of wind, geothermal, biomass, landfill gas and certain hydropower and marine...more

8/25/2014 - Energy Projects Equity Investors Geothermal Energy Hydropower Investment Tax Credits IRS Power Plants Production Tax Credit Renewable Energy Wind Power

Landmark Massachusetts Net-Metering Bill Goes up in Smoke as Water-Downed Compromise Bill Is Agreed to on Last Day of Legislative...

An eleventh-hour compromise by the Massachusetts House Ways and Means Committee effectively gutted the highly publicized net metering and solar power bill, which, as proposed, was considered by many including the Solar Energy...more

8/21/2014 - Energy Policy Legislative Agendas Pending Legislation Solar Energy Utilities Sector

Xcel Announces RFP for 150 MW of Solar

Solar project developers and investors should mark their calendars for April 15, 2014, when Xcel Energy plans to issue a Request for Proposals (RFP) for up to 150 MW of solar generation. ...more

3/19/2014 - Renewable Energy Request for Proposals Solar Energy

New Renewable Power Financing and Investment Opportunities in New York as State Opens Billion Dollar Funding Initiative Through...

New York just recently opened the New York Green Bank (“NY Green Bank”), the largest of its kind in the nation. The NY Green Bank is a division of the New York State Energy Research and Development Authority and will have an...more

2/20/2014 - Banks Clean Energy Funding Green Banks Renewable Energy

Enforcer Nominated as FERC Chair

Enforcement experience and a prior Senate confirmation are features of President Obama’s choice to replace Jon Wellinghoff as a FERC Commissioner and Chairman. Norman Bay, the nominee, currently serves as the Director of the...more

2/3/2014 - FERC Nominations

DG Growth and Energy Storage – FERC Reforms the SGIA Process

The Federal Energy Regulatory Commission (FERC) issued Order No. 792 late last year, which amends the pro forma Small Generator Interconnection Procedures (SGIP) and pro forma Small Generator Interconnection Agreement (SGIA)...more

1/22/2014 - Energy FERC Grid Energy Storage Power Grid SGIA SGIP Utilities Sector

FERC Issues New Rules on Selling Ancillary Services to Promote Energy Storage

To promote use and development of energy storage technologies, FERC recently revised its market-based rate regulations, OATT ancillary services requirements, and accounting and reporting requirements....more

9/13/2013 - Energy Energy Policy FERC Grid Energy Storage New Regulations Reporting Requirements

FERC Order Strikes Down ITC Midwest’s 100% Network Upgrade Reimbursement

FERC recently struck down a MISO Tariff provision that reimbursed new generators 100 percent for interconnection-related network upgrades in ITC Midwest, LLC (ITCM)....more

8/30/2013 - FERC Infrastructure Networks Reimbursements Utilities Sector

7th Circuit Upholds Regional Cost Allocation for MISO Transmission Projects

The U.S. Court of Appeals for the Seventh Circuit recently upheld MISO’s FERC-approved multi-value project (MVP) tariff, which spreads the costs of constructing certain new transmission lines across the entire MISO footprint...more

6/19/2013 - Energy Consumption FERC MISO Renewable Energy Tariffs

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