News & Analysis as of

Tax Equity Partnership Federal Power Act

Orrick, Herrington & Sutcliffe LLP

FERC Declares Tax Equity Investments Involving Specific Consent and Veto Rights Do Not Require Prior Authorization from FERC

The Federal Energy Regulatory Commission issued a declaratory order on October 4, 2017, confirming that the purchase and sale of passive tax equity interests in project companies or their upstream owners does not require...more

Holland & Knight LLP

FERC and IRS Diverge on Approaches to Tax Equity Investors

Holland & Knight LLP on

The Internal Revenue Service (IRS) and the Federal Energy Regulatory Commission (FERC) have recently taken different approaches to issues raised by tax equity investors that have invested specifically in renewable energy...more

Foley & Lardner LLP

FERC Confirms that FPA Section 203 Approval is Not Required for Tax Equity Investment

Foley & Lardner LLP on

Federal Energy Regulatory Commission (“FERC”) has issued a declaratory order confirming that no approval under Section 203 of the Federal Power Act (“FPA”) is required in connection with the transfer or issuance of passive...more

Stoel Rives - Renewable + Law

Tax Equity Investors Wave Goodbye to FPA Section 203

Tax equity investments, and potentially other passive investments, in renewable energy just became that much easier to make. Today, in response to a petition for declaratory order filed in January 2017 by a coalition of...more

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