News & Analysis as of

Power Purchase Agreements Public Utility

ArentFox Schiff

ESG Litigation Update: Hawaii Supreme Court Allows Petroleum Industry Climate Case to Proceed

ArentFox Schiff on

A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial. The decision in City and County of Honolulu v. Sunoco LP allows...more

Sheppard Mullin Richter & Hampton LLP

Tax Equity for Public Utilities

In light of a recent IRS Private Letter Ruling addressing public utility property and loss disallowance rules, here are six key items to be aware of today in tax equity transactions for renewable energy projects owned by...more

Akin Gump Strauss Hauer & Feld LLP

Divided FERC Revamps PURPA Regulations: What the Final Rule Does and Why It Matters

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) overhauled its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA), which had been largely unchanged since 1980....more

Eversheds Sutherland (US) LLP

IRS reaffirms that negotiated rates under PPA prevents solar facility from classification as “public utility property”

In Private Letter Ruling 201923019 (Feb. 21, 2019) (publicly released on June 10, 2019), the Internal Revenue Service (IRS) addressed a state statute that allowed a regulated public utility to acquire an unregulated solar...more

Holland & Knight LLP

North Carolina’s Court of Appeals Affirms that Power Purchase Agreements are Impermissible in the State

Holland & Knight LLP on

A recent North Carolina Court of Appeals decision, State of North Carolina ex. rel. Utilities Commission, et. al. v. N.C. Waste Awareness and Reduction Network (NC WARN), affirming an order of the North Carolina Utilities...more

Akin Gump Strauss Hauer & Feld LLP

Rooftop Solar Provider Held to be a “Public Utility” in North Carolina

On September 19, 2017, the Court of Appeals of North Carolina (“Court”) held that companies that install solar panels on customer rooftops are “public utilities” under state law, at least when they retain ownership of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is an Entity Supplying and Operating Solar Panels for an Unrelated Facility a Public Utility? North Carolina Appellate Court...

The Court of Appeals of North Carolina (“Court”) addressed in a September 19th opinion whether an entity supplying and operating a system of solar panels to a North Carolina facility is a “public utility” under North Carolina...more

McDermott Will & Emery

IRS Issues Updated Notice Regarding Safe Harbor for Transfers of Property to Regulated Public Utilities by Electricity Generators

McDermott Will & Emery on

In Depth - On June 10, 2016, the Internal Revenue Service (IRS) issued Notice 2016-36 (the Notice), updating the safe harbor (Safe Harbor) regarding transfers of property from an electricity generator to a regulated...more

Jackson Walker

Renewable Energy Case Law Update

Jackson Walker on

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of...more

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