Power Purchase Agreements

News & Analysis as of

Marubeni: FCPA Repeat Offender

In this era of aggressive FCPA enforcement, there are critics who have suggested that the Department of Justice should concentrate its prosecutions on individuals rather than imposing ever-increasing criminal fines on...more

Iowa Supreme Court Decision Boosts Renewable Energy Development

A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision),...more

Iowa Supreme Court Allows Third-Party PPA to Move Forward

On Friday, July 11, the Supreme Court of Iowa issued a decision holding that a solar energy company entering into a third-party power purchase agreement (PPA) with an Iowa municipality would not be considered a public utility...more

Africa Update - June 2014

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from...more

The Fourth Circuit Affirms District Court Decision Finding Maryland’s Contract for Differences Unconstitutional

As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more

Mediating Alternative Energy Disputes

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

Department of Defense Renewable Energy Program - Exploring the Challenges and Opportunities

Orrick and Clean Energy Pipeline have launched a series of reports dedicated to exploring investment opportunities and challenges in the U.S. renewable energy sector. In this first issue, we analyze the exciting investment...more

Texas Supreme Court Issues Opinion with Implications for Power Purchase Agreements

The Texas Supreme Court recently issued an opinion with implications for negotiating terms in power purchase agreements in the renewable energy market. In FPL Energy LLC, et al. v. TXU Portfolio Management Co., LP, the Court...more

Energy Newsletter - May 2014

In This Issue: - Important Case on Subsurface Trespass Pending before the Texas Supreme Court - U.S. Fifth Circuit: The CWA and OPA Preempt State Law Claims for Pollution Incidents on the OCS - Texas...more

Google invests in solar energy projects

Google has announced an investment in six solar photovoltaic projects to its portfolio. The projects, located in California and Arizona, have a combined electric generating capacity of 106 megawatts. This deal illustrates...more

California Public Utilities Commission Adopts Terms of Standard FIT Contract and Revised Tariffs

On May 23, 2013, the California Public Utilities Commission (CPUC or Commission) approved Decision 13-05-034 (Decision), which adopts the terms of a standard contract and revised tariffs for California's renewable Feed-in...more

New DTE Electric PPAs For Wind Energy

Two 20-year power purchase agreements (PPAs) between DTE Electric and Pheasant Run Wind, LLC and Pheasant Run Wind II, LLC received ex parte approval from the Michigan Public Service Commission (MPSC) on May 15, 2013. ...more

Summary of the Implementing Regulations for Japan’s Feed-In Tariff Law for Renewable Electric Energy

This updates our September 13, 2011 Client Alert entitled “Outline of Japan’s Feed-In Tariff Law for Renewable Electric Energy,” which summarized “The Act on Special Measures Concerning the Procurement of Renewable Electric...more

Watt’s New? Michigan Energy Newsletter - May 2013

In This Issue: - New DTE Electric PPAs for Wind Energy - Five Ethanol Plants in Michigan - Offshore Team Sails to Cleveland - Energy Forum Update - Nuclear Plant Off-Line Again - 43 Degrees North @ Muskegon -...more

German government compromise could lead to a reduction in consumer costs for renewable energy

On 13 February 2013, the two coalition parties in the German government reached a compromise on new measures which should lead to a reduction of costs for renewable energy for consumers. The changes are intended to come into...more

Shedding Light on Whether Electricity is a "Good:" In re Southern Montana Electric Generation and Transmission Cooperative, Inc.

The question of whether electricity qualifies as a "good" under the Bankruptcy Code's administrative priority provisions has sparked varied rulings from bankruptcy courts. The recent case of In re Southern Montana Electric...more

DISPUTE RESOLUTION: International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis...

A recent decision in the investment treaty case, Electrabel S.A. v. the Republic of Hungary, represents an important contribution to the rapidly-growing case law concerning the relationship between EU law and intra-EU...more

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- February 2013

In the February edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more

Japan’s New Feed-in Tariffs: Government’s Model Contract Available Now

I. Introduction of FIT in July 2012 - On July 1, 2012, the Act on Special Measures concerning Procurement of Renewable Energy Sourced Electricity by Electric Utilities (Act No. 108 of 2011) (the “RE Act”) came into...more

Duke Acquires 10 MW PV Project in Arizona from SOLON

Duke Energy Renewables has acquired the 10 MW Black Mountain Solar Project near Kingman. The Project was developed by Tucson-based SOLON Corp. and is expected to achieve commercial operation in October 2013....more

IRS Revokes Ruling Finding Facility-Specific Power Purchase Agreements Are Part of the Facility

The Internal Revenue Service (IRS) recently revoked Private Letter Ruling (PLR) 201214007, which found that facility-specific power purchase agreements (PPAs) are considered part of the underlying wind energy facilities and,...more

Defense Agencies Seek Electrical Power from Biomass

On December 12, 2012, the Defense Logistics Agency – Energy (DLA-E), in close coordination with the Army Energy Initiatives Task Force (EITF), released a Request for Proposal (RFP) for electrical power from a biomass...more

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