Government Contracting Energy & Utilities

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En Banc Ninth Circuit Holds ESA Consultation Requirement Applies to Renewal of Long-Term Water Contracts

In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action...more

DOE Announces Two Programs Supporting Renewable and Clean Energy

Last week the United States Department of Energy (the DOE) announced two programs supporting the Obama administration’s commitment to renewable energy development. On April 16, the DOE released a draft solicitation for up to...more

New Rules For Energy Aid: EU Adopts Revised Guidelines For Assessment Of State Aid in The Energy Sector

For the first time, the European Commission has decided on comprehensive rules for the assessment of State aid in the energy sector. The new text adopted on 9 April 2014 will create the framework for the ability of EU Member...more

Examples of 2014 DOE Grants, Loan and Financing Programs – Part 3 of 3

In our last two posts (Part 1 and Part 2), we highlighted a number of available DOE grants. Today, we will highlight a one recently announced grant as well as an available loan program....more

Procurement Opportunities Across North America Indicate That Energy Storage Technologies May Be Poised For Commercial Deployment

Across North America, investor-owned utilities (IOUs), publicly-owned utilities (POUs), and other load-serving entities are issuing unprecedented requests for proposals or offers (RFPs or RFOs) for advanced energy storage...more

California Utilities File Energy Storage Procurement Plans

In October 2013, California broke new ground in energy policy with an energy storage procurement mandate. The California Public Utilities Commission (CPUC) unanimously approved a decision (D.13-10-040 or the Decision)...more

Examples of 2014 DOE Grants, Loan and Financing Programs – Part 1 of 3

The U.S. Department of Energy (DOE) supports a wide range of grants, loan and financing programs and also funds transformational and up-and-coming technologies that create innovative ways to source, distribute, and use energy...more

Massachusetts DOER Releases Solar Carve-Out II Guideline

The Massachusetts Department of Energy Resources (DOER) released a draft guideline last week outlining a proposed process to grant Assurances of Qualification to solar generation facilities seeking to participate in the Solar...more

OPA Recommendations for Large Renewable Procurement

The Ontario Power Authority (OPA) recently published its final Large Renewables Procurement (LRP) recommendations to the Ministry of Energy. The report follows the OPA's interim recommendations published in August 2013 and...more

U.S. Department of Energy Grants Long-Term Contract to Cameron LNG

On February 11, 2014, the U.S. Department of Energy issued an order conditionally granting long-term contract authorization to export liquefied natural gas by vessel to non-free trade agreement nations from the Cameron LNG,...more

New Energy Project Opportunities in Southern California Now Clearer

Opportunities to develop new energy projects in Southern Californi — whether conventional generation, renewable resource, demand response, or energy storage — became clearer last week as the result of an order issued by the...more

California Bill Would Create Cyber Security Commission

In recognition of the increasing threat that cyber-attacks pose to the state's infrastructure and the considerable costs that government and private sectors are estimated to spend on cyber security (more than $70 billion...more

Electrify Africa Act: Catalyzing Investment Opportunities in Sub-Saharan Africa

On February 27, 2014, the House Committee on Foreign Affairs passed H.R. 2548, the Electrify Africa Act, to improve access to electricity in sub-Saharan Africa, through a comprehensive U.S. government approach to electricity...more

Supreme Court Holds That Courts Must Defer To Arbitrators In First Case Addressing International Investment Treaty Arbitration

On March 5, 2014, the United States Supreme Court decided BG Group, PLC v. Republic of Argentina, the first case in which the Court addressed an international investment treaty arbitration (a case between a private investor...more

FERC Reaffirms Reliance on “Committed Shipper” Rate Agreements for Oil Pipelines

The Commission emphasizes that a committed shipper negotiated rate’s deviation from cost-of-service does not overturn the presumption that the rate is just and reasonable....more

House Passes Energy Efficiency Bill

On March 5, 2014, the House of Representatives passed H.R. 2126, the “Energy Efficiency Improvement Act of 2014.” The bill was co-sponsored by Representatives David McKinley (R-W.Va.) and Peter Welch (D-Vt.). The bill...more

DOD Should Consider Adding Fast-Ramping Generation to its Procurement Planning

Intermittent resources create unique challenges for 21st Century Utilities, RTO's and System Operators. The now infamous "Duck Chart" highlights a key element of the problem -- central station thermal plants cannot ramp...more

Energy Storage: Opportunities, Challenges and Solutions

As our nation pursues ambitious goals towards substantially increased renewable energy resources and reduced greenhouse gas emissions, new energy storage projects will play a major role in achieving these goals....more

2014 Farm Bill Provides New and Expanded Funding for Section 9003 Biorefinery Assistance Program

On February 7, 2014, President Barack Obama signed into law the Agriculture Act of 2014 (2014 Farm Bill). The 2014 Farm Bill is a $956 billion legislative package that includes $881 million in mandatory funding for energy...more

New Energy Opportunities in Mexico Raise FCPA, Anti-Bribery Risks

Sweeping reforms across Mexico’s oil, gas and electric markets promise more opportunities for the private sector and increased investment from international firms. However, U.S. companies looking to enter this market will...more

Illinois Supreme Court to Decide Scope of State Whistleblower Act

Our previews of the newest additions to the Illinois Supreme Court's civil docket conclude with State of Illinois ex rel. Pusateri v. The Peoples Gas Light and Coke Company. An unpublished decision from the Fourth Division of...more

European Procurement and Government Contracts Digest: New European Procurement Directives - European Union Overhauls the EU Public...

On 11 February 2014, the EU took the final step in its latest overhaul of its public procurement regime. As well as a new directive dealing for the first time with the award of concession contracts, the EU has issued new...more

Schools and Community Colleges Banned from Using Sole Source Procurement for Prop. 39 Funded Projects: Contracts Must Be Awarded...

Many California school districts and community college districts are gearing up to perform, or are in the process of performing, energy efficiency improvements and renewable energy projects with funds derived from Proposition...more

Farm Bill Conference Report Contains Significant Funding for Rural Renewable Energy and Energy Efficiency

On January 27 the leadership of the House and Senate Agriculture Committees released the long-awaited conference report of the 2014 Farm Bill. This five-year reauthorization is estimated to cost $950 billion over ten years...more

Progress Report On DOD’s Adoption Of Renewable Energy Sources Shows Positive Signs

The Pew Charitable Trusts issued a report this month on the progress of the Department of Defense (DoD) in meeting its renewable energy goals – goals set over a period of years through various means, including legislation....more

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