Energy Projects

News & Analysis as of

BOEM Call for Hawaii offshore wind interest

U.S. ocean energy managers have asked for information to evaluate industry interest in leasing sites offshore Hawaii for commercial offshore wind development. Under U.S. law, the Bureau of Ocean Energy Management (BOEM)...more

The New North Sea – Part 3: Top 10 “MER UK” issues for exploration activities

Exploration is undoubtedly a key area of focus for the bodies responsible for achieving MER UK. In its Corporate Plan, the OGA lists “revitalising exploration” as one of its priorities. It also sets out a proposed pathway for...more

IRS modifies and extends continuity safe harbor, clarifies other guidance for production tax credit eligibility

The IRS has released Notice 2016-31, which extends and modifies the “continuity safe harbor” for purposes of the “begun construction” requirement applicable to the renewable electricity production tax credit (PTC) under §45...more

NY offshore wind leasing advances

The U.S. Bureau of Ocean Energy Management is moving closer to leasing ocean sites offshore New York for commercial offshore wind development. On June 2, 2016, the Department of the Interior and BOEM announced the...more

Did Ethiopian Electric Power Violate California’s Corporate Securities Law?

Last week, the Securities and Exchange Commission announced a $6.5 million settlement with Ethiopian Electric Power, which was described in the SEC’s order as “a government-owned power utility headquartered in Addis Ababa,...more

The New North Sea – Part 2: the legal mechanics of “MER UK”

This is the second in a series of posts on the new regulatory regime for the North Sea oil and gas industry following the enactment of the Energy Act 2016.  In the first post we introduced the new regime.  Here, we look at...more

US Court of Appeals Affirms District Court Judgment Upholding Federal Approval of Tule Wind Project on NEPA, Migratory Bird Act,...

On June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal...more

Participating in Mexico's Newly-Opened Energy Market: What You Need to Know

In a comprehensive effort for reforms, Mexico has opened its country’s wholesale energy market and it is booming! Day-ahead power trading for the Baja California Sur system began on March 15, 2016, and for the Baja Peninsula...more

Alta Ski Area conduit micro-hydro project

Alta Ski Area has proposed developing a micro-hydropower project along an existing pipeline, and hopes to benefit from a streamlined regulatory process. Federal regulators have made a preliminary determination that the...more

Act on wind turbine investments

On May 20, 2016, the Sejm (lower chamber of the Polish Parliament) adopted an Act on wind turbine investments (the “Act”). From the very beginning of the legislative process, i.e., from the moment when the bill of Act...more

Construction Subcontractor Settles FCA Allegations for $2.8 Million

A recent settlement illustrates the broad reach of the FCA and the substantial liability that “mere retention” of an overpayment can impose on contractors several steps removed from a government contract. The dispute...more

Cuba Natural Gas

CNG – Cuba Natural Gas - With the recent shift in U.S. government policy regarding Cuba, is now the time for the energy industry, particularly liquefied natural gas (LNG) project developers, to consider Cuba?...more

Bidding Guidelines Published for Mexico's Second Long-Term Power Auction

Mexico's National Center for Energy Control (CENACE) on May 13, 2016, published the Bidding Guidelines for the second long-term power auction (SLP) in Mexico, seeking to award power purchase agreements (PPA) to clean energy...more

New Production Tax Credit “Beginning of Construction” Advice From the IRS

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

Fish and Wildlife Service Supports Renewable Developers and Proposes Revised Eagle Incidental Take Permit Reviving 30-Year...

On May 4, 2016, the United States Fish and Wildlife Service (FWS) released a draft rule and Programmatic Environmental Impact Statement (PEIS) analyzing the impact of the proposed rule on eagles, and extending the duration of...more

Investment trends in renewable energy in Australia

Australia's ability to achieve its renewable energy target has been hampered in recent years by excess supply and falling demand in the wholesale electricity market and political uncertainty regarding incentives for renewable...more

IRS Issues Additional Guidance on “Begun Construction” Requirement for Wind Energy Credits

Latest guidance extends “continuity safe harbor” to four years and includes other taxpayer-friendly modifications and clarifications to existing guidance. On May 5, 2016, the Internal Revenue Service (IRS) issued...more

India Considers Coupling its Government Incentives with Innovative Financing Mechanisms to Achieve its Aggressive Renewable Energy...

India’s story for the last decade has been one of rapid industrialization and a growing thirst for energy, regardless of the carbon profile of the energy source. As the world moves towards carbon conscious energy generation,...more

Upsetting the Outer Continental Shelf Ecosystem through Overbonding

At a time when the Bureau of Safety and Environmental Enforcement’s (“BSEE”) Well Control Rule has shifted focus away from its sister agency’s regulatory maneuvering, the Bureau of Ocean Energy Management (“BOEM”) is changing...more

Investing in renewable energy projects in Europe

Europe has seen a renewables surge in the last decade, with green power capacity doubling in the last five years alone. And this flood shows few signs of abating, with Europe1 set to welcome nearly 843 GW of additional...more

IRS Issues New Notice Extending Beginning of Construction Safe Harbor

On May 5, 2016, the IRS issued Notice 2016-31 (the “Notice”) which revises previous guidance on satisfying the “beginning of construction” test in order to take advantage of the section 45 renewable electricity production tax...more

PF Newsletter: Solar in Sub-Saharan Africa

With capital costs falling and the technology ever improving, concentrating solar power (CSP) and solar photovoltaic (PV) technologies present increasingly enticing investment opportunities for a number of emerging economies;...more

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

FERC relicensing and annual licenses

What happens when the holder of a hydropower license applies to the Federal Energy Regulatory Commission for a new license, but the original license expires before the relicensing case is resolved? Depending on which federal...more

New York State’s Microgrid Development Incentives: NYSERDA Rolls Out Stage 2 of NY Prize Competition

On April 20th, the New York State Energy Research and Development Authority (NYSERDA) issued a request for proposals (RFP) for Stage 2 of the NY Prize Community Grid Competition. The NY Prize Competition supports the...more

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