News & Analysis as of

Joint Committee’s Report on Energy Tax Incentives Misses the Mark on Green Jobs

The Joint Committee on Taxation (JCT) on September 16 published a report analyzing federal energy tax incentives. The report is available below. The report is generally insightful; however, it has a misguided job-creation...more

Renewable Energy Update -- October 2014

Renewable Energy Focus - DOE study finds U.S. wind power industry competitive on a global scale: REVE - Sep 20: The Global Wind Network recently completed an Energy Department (DOE) funded study that took a critical...more

Interior Announces New Proposal for Renewable Energy Development on Public Lands

Last week, the U.S. Department of Interior released its new proposal for development of solar and wind resources on public lands. The proposal, referred to as the Desert Renewable Energy Conservation Plan (DREC), focuses on...more

California Desert Renewable Energy Conservation Plan Aims to Provide Certainty for Renewable Developers: Draft Released

On September 23, 2014, the U.S Department of Interior and the State of California released a draft Desert Renewable Energy Conservation Plan (“DRECP”), which covers over 22 million acres in Imperial, Inyo, Kern, Los Angeles,...more

CT Law of the Land

SC19090, SC19091 - FairwindCT, Inc. v. Connecticut Siting Council - This decision upheld the Siting Council’s authorization to a Pullman & Comley client to install wind turbine electrical generation facilities in...more

Some PURPA Qualifying Facilities are More Qualified Than Others

In a fascinating decision last week, a divided panel of the 5th Circuit Court of Appeals held that the Texas Public Utilities Commission had authority to limit the universe of “Qualifying Facilities” under the Public...more

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)...more

Renewable Energy Update -- August 2014 #4

Renewable Energy Focus - Solar plant's downside? Birds igniting in midair: CBS News - Aug 19: Workers at a state-of-the-art solar plant in the Mojave Desert have a name for birds that fly through the plant's...more

Renewable Energy Update -- August 2014 #5

Renewable Energy Focus - Los Angeles' city-owned electric utility raises its energy efficiency ambitions: Energy Collective - Aug 13: The five-member Board of the Los Angeles Department of Water and Power (LADWP) has...more

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

IRS Comments on its PTC Start of Construction Guidance

On August 20, the American Wind Energy Association (AWEA) held a webinar to discuss Internal Revenue Service (IRS) Notice 2014-46, which clarified the rules for wind projects to be grandfathered for production tax credit...more

CHILE – Boom of Nonconventional Renewable Energy Projects in Chile

In recent years and consistently, Chile has experienced a significant increase in the development of power generation projects based on nonconventional renewable energy sources (“NCRE Projects”). In addition to Chile’s...more

Yieldcos – The New “Promised Land” of the Renewable Energy Space?

For the most part, with the exception of a limited number of projects referred to as “community wind,” America’s roughly 70,000 MW of installed utility scale wind and solar projects are owned directly or through subsidiaries...more

IRS Issues Additional Guidance with Respect to 2013 Beginning of Construction Rules for Wind and Other Renewable Projects

The Internal Revenue Service (Service) issued Notice 2014-46 (Notice) on August 8, 2014, to provide further guidance on meeting the beginning of construction requirements for wind and other qualified facilities (biomass,...more

Renewable Energy Update -- August 2014 #2

Renewable Energy Focus - Renewables provide 56 percent of new U.S. generating capacity in first half of 2014: Electric Light & Power - Jul 21: Solar, wind, biomass, geothermal, and hydropower provided 55.7 percent of...more

IRS Finally Releases Clarifications to PTC “Start of Construction” Guidance

On Friday, the Internal Revenue Service (IRS) issued Notice 2014-46, which clarifies the rules for a wind project to be deemed to have started construction in 2013 as is necessary to be eligible for production tax credits...more

Renewable Energy Update -- August 2014

Renewable Energy Focus - Renewables now ‘mainstream’ business for U.S. utilities, says report: PV-Tech - Aug 1: NV Energy, Xcel, PG&E, Sempra, and Edison International have topped a new index ranking investor-owned...more

Congress Moves to Assist Renewable Development on Government Land

Congress recently considered three bills intended to facilitate renewable energy development on federal lands. On July 29, the House Natural Resources Committee’s Subcommittee on Energy and Mineral Resources considered H.R....more

Corporate Renewable Energy Buyers’ Principles Highlight the Promise of Consumer/Utility Collaboration in Renewable Power...

As we wrote earlier this year, end-use corporate energy consumers large and small are increasingly turning to distributed power generation using solar, wind and other technologies to reduce purchased power costs and price...more

ML Strategies’ Energy & Environment Update: July 2014 #2

During the past several years, Europe has installed about 2,000 offshore turbines (6,500 MW of offshore wind generation capacity), with capacity doubling since 2010. Offshore wind provides almost 1% of total power in Western...more

Atlantic offshore wind energy targeted

A report released by the National Wildlife Foundation highlights the potential of U.S. states on the Atlantic Ocean to generate electricity from offshore wind -- and calls upon state leaders to take action to promote offshore...more

Energy & Environment Update - July 2014

In This Issue: - Despite Hurdles, U.S. Offshore Wind Industry Poised for Growth - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of...more

NY Property Tax Exemption Extension for Renewable Systems

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible...more

Renewable Energy Update -- June 2014 #2

Renewable Energy Focus - Warren Buffett plans to double Berkshire Hathaway’s investment in renewable energy: PV Tech - Jun 24: Berkshire Hathaway, Inc. CEO Warren Buffett certainly made his presence felt at the Edison...more

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