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Energy Sector › Qualified Energy Facilities

BakerHostetler

Proposed Regulations - Clean Electricity Production and Investment Credits (45Y and 48E)

BakerHostetler on

The IRS and Treasury on June 3 issued proposed regulations under Sections 45Y and 48E (proposed regulations), which address clean electricity production and investment tax credits, respectively, that generally replace...more

Locke Lord LLP

FERC Clarifies That the 80 MW Threshold for a Small Power Production QF Is Measured ‎Based on the Maximum Output That Can Be...

Locke Lord LLP on

Under Public Utility Regulatory Policies Act of 1978 (“PURPA”)‎ and section 292.207(b) of the ‎Commission’s regulations, a small power production Qualifying Facility (“QF”) cannot exceed ‎‎80 megawatts (“MW”) at a single...more

Perkins Coie

Washington Developing Streamlined Solar Project Permitting Process

Perkins Coie on

The Energy Facility Site Evaluation Council (EFSEC) is continuing its efforts to develop a streamlined process for permitting solar energy facilities in Washington state. EFSEC’s goal is to develop a more efficient,...more

McGuireWoods LLP

FERC’s Broadview Solar Order Has Major Implications for Solar QFs and Utilities Implementing PURPA: Impact on Future Solar +...

McGuireWoods LLP on

In a decision breaking with long-established precedent, the Federal Energy Regulatory Commission (FERC) ruled in a Sept. 1, 2020, order that small power production qualifying facilities (QFs) cannot circumvent the 80 MW power...more

Blank Rome LLP

FERC’s Final PURPA Rule May Significantly Alter the Landscape for Qualifying Facilities

Blank Rome LLP on

On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872 (“Order”), a final rule that significantly revised its rules implementing the Public Utility Regulatory Policies Act of...more

Akin Gump Strauss Hauer & Feld LLP

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

Akin Gump Strauss Hauer & Feld LLP on

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Orrick, Herrington & Sutcliffe LLP

IRS Issues Further Guidance on “Start of Construction” Requirement for Renewable Energy Tax Credits, Including Continuity...

Orrick, Herrington & Sutcliffe LLP on

On May 5, 2016, the IRS released Notice 2016-31, which provides additional guidance on the “start of construction” requirements for the production tax credit (PTC) and investment tax credit (ITC) in lieu of the PTC. Notice...more

Perkins Coie

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

"IRS Guidance on the Commencement of Construction Requirements for Tax Credits for Qualified Energy Facilities"

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On April 15, 2013, the Internal Revenue Service released Notice 2013-29 (Notice), which established guidelines and a safe harbor to determine when construction has begun on a “qualified facility” for purposes of the renewable...more

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