Latham's Clean Energy Law Report

Tag Archives: Solar

New York Public Service Commission Adopts Compensation Values for Distributed Energy Resources in Reforming the Energy Vision Proceeding

By Michael Gergen, David E. Pettit and Christopher Randall On September 14, 2017, the New York Public Service Commission (NYPSC or the Commission) issued its Order on Phase One Value of Distributed Energy Resources Implementation Proposals, Cost Mitigation Issues, and Related Matters (the Implementation Order). The Implementation Order sets the methodologies by which utilities throughout … Continue Reading

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

By Janice Schneider, Joel Beauvais, Stacey VanBelleghem, Jennifer Roy, and Francesca Bochner On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act went into effect. The … Continue Reading

CAISO Expects It May Need to Curtail Up to 8,000 MW This Spring and Up to 13,000 MW By 2024, Which Could Test Curtailment Risk Allocation Provisions in Renewable PPAs

By Michael Gergen, Tyler Brown, David Pettit and Christopher Randall At the most recent meeting of the Board of Directors of the California Independent System Operator (CAISO) held on February 16, 2017, the President and Chief Executive Officer of the CAISO reported that because of the “bountiful hydro conditions expected this year and significant additional … Continue Reading

BLM Moves Forward with Phase I of Desert Renewable Energy Conservation Plan

By Marc Campopiano, Josh Bledsoe, Jennifer Roy, and James Erselius Phase I of the Desert Renewable Energy Conservation Plan (DRECP) has now been approved, paving the way for streamlined permitting and environmental review of qualified renewable energy projects on Bureau of Land Management (BLM)-administered lands in the Mojave and Colorado/Sonoran desert regions of Southern California. … Continue Reading

Energy Storage Gets a Boost from Federal and Private Sector Actions

By Michael Gergen, David Pettit and Tara Rice On June 16, 2016, the White House hosted a Summit on Scaling Renewable Energy and Storage with Smart Markets. As a backdrop to the Summit, the Obama Administration announced new executive actions and 33 public and private sector commitments intended to accelerate the grid integration of renewable … Continue Reading

Corporations Directly Buying Renewable Power on the Rise

By Marc Campopiano, Kelley Gale and Michael Sullivan Recent trends demonstrate a rapid growth in corporations directly buying renewable energy from wind, solar and other renewable energy generators. Renewable energy capacity under corporate power purchase agreements (PPAs) doubled each year from 2012 to 2015. For wind energy generation, corporate purchasers constituted 52% of capacity contracted through PPAs … Continue Reading

IRS Issues Additional Guidance on “Begun Construction” Requirement for Wind Energy Credits

By Julie Marion and E. Rene de Vera On May 5, 2016, the Internal Revenue Service (IRS) issued Notice 2016-31 (Notice) to provide additional guidance regarding the “begun construction” requirement for renewable energy facilities seeking to qualify for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (Code) or the investment … Continue Reading

California Energy Agencies Advance Renewable Transmission Line Planning

By Marc Campopiano, Jennifer Roy, and Francesca Bochner California energy agencies and key stakeholders have finished the first step of a statewide planning process to evaluate transmission needs in the state and the region. This process, called the Renewable Energy Transmission Initiative 2.0 (RETI 2.0), will culminate in recommendations to the legislature on where to … Continue Reading

6 Key Takeaways from the FWS’s Proposed Update to the Eagle Act Rules

By Sara Orr, Jennifer Roy and Francesca Bochner On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the maximum eagle take permit term from 5 to 30 … Continue Reading

Congress Extends Wind and Solar Tax Credits Subject to Phase-out

By Julie M. Marion and Thomas Halpern The Consolidated Appropriations Act, 2016 (the Act), which President Obama signed into law on December 18, 2015, re-enacts the production tax credit (PTC) and investment tax credit (ITC) for wind energy projects and modifies and extends the 30% ITC for solar energy projects. For both resources, the Act … Continue Reading

Legislative Update: California Passes Groundbreaking Legislation Increasing Renewable Energy and Energy Efficiency Mandates, But Petroleum and Greenhouse Gas Reduction Measures Fail

By Marc T. Campopiano, Joshua T. Bledsoe, Douglas Porter, Danny Aleshire, Jennifer Roy and Andrew Yancey The end of the California State Legislature’s regular session for the year culminated in a frenzy of action, with Assembly members scrambling to pass dozens of bills before midnight on September 12, 2015. The California Legislature voted on a package … Continue Reading

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

By Sara Orr and Jennifer Roy On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the unintentional take of migratory birds. Reversing a district court decision and … Continue Reading

RETI 2.0: CEC and CPUC Plan for New Renewable Energy Transmission Initiative to Meet California’s Increasing Clean Energy Commitments

By Joshua T. Bledsoe, Marc T. Campopiano, and Max Friedman As California begins to turn the page on the first chapter of its efforts to combat climate change through AB 32 and to prepare for greater emissions reductions over the coming decades, the California Energy Commission (CEC) and California Public Utilities Commission (CPUC) are considering … Continue Reading

President Obama Announces Increased Support for Distributed Energy Projects and Eligibility of State Green Banks to Apply for DOE Loan Guarantees

By Michael J. Gergen, Joshua T. Bledsoe, David E. Pettit and Tara L. Rice President Obama recently announced that the Department of Energy (DOE) Loan Program Office (LPO) is expanding support for innovative “distributed energy projects” by adding $1 billion in available loan guarantees to support the deployment of these projects through the existing solicitations for … Continue Reading

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

Authors: Sara Orr and Jennifer Roy On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under the Bald and Golden Eagle Protection Act (Eagle Act) from 5 years … Continue Reading

CAISO Takes Step to Allow Distributed Energy Resources to Compete in Wholesale Energy Markets

By Joshua T. Bledsoe and Douglas K. Porter On June 10, 2015, the California Independent System Operator (“CAISO”) released a draft final proposal (the “Expanded Metering and Telemetry Options Phase 2, Distributed Energy Resource Provider”) that, if finalized, would represent an initial  step towards a regulatory structure that would result in distributed energy resources (“DERs”) … Continue Reading

DRECP Agencies Announce Phase I Updates

By Marc Campopiano, Joshua Bledsoe, Jennifer Roy, James Erselius Phase I of the Desert Renewable Energy Conservation Plan (“DRECP”) is underway on the 9.8 million acres of public land managed by the Bureau of Land Management (“BLM”). As discussed in our previous post, the four lead agencies responsible for the plan introduced a phased approach to … Continue Reading

US Fish & Wildlife Service Proposes First-of-its-Kind Migratory Bird Incidental Take Authorizations

By Benjamin Hanelin, Jennifer Roy, and Natalie Rogers On May 26, 2015, the US Fish and Wildlife Service (FWS) announced its intent to prepare a programmatic environmental impact statement (PEIS) to evaluate the potential impacts of permits authorizing the incidental take of migratory birds under the Migratory Bird Treaty Act (MBTA).  The PEIS will address, among … Continue Reading

Agencies Modify Strategy with Desert Renewable Energy Plan Over Concerns From Local Agencies, Industry and Environmental Groups

By Marc Campopiano, Josh Bledsoe, Jennifer Roy, and James Erselius Concerns from local agencies, industry, and environmental groups over the long-awaited Draft Environmental Impact Report (“EIR”)/Environmental Impact Statement (“EIS”) for the Desert Renewable Energy Conservation Plan (“DRECP”)—a renewable energy and conservation plan covering 22.5 million acres of desert located in seven Southern California counties—have caused … Continue Reading

FERC Accepts Almost All of the CAISO’s Proposed Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements

By Michael J. Gergen and Marc T. Campopiano On October 16, 2014, the Federal Energy Regulatory Commission (“FERC”) issued an Order on Tariff Revisions, FERC Docket No. ER14-2574, conditionally accepting, with two substantive modifications, tariff changes proposed by the California Independent System Operator (“CAISO”) to establish new flexible resource adequacy capacity (“FRAC”) and must-offer obligation … Continue Reading

Desert Renewable Energy Conservation Plan to Streamline Permitting for 20,000 Megawatts of Renewable Energy

By Jennifer Roy, Marc Campopiano and Joshua T. Bledsoe On September 23, 2014, the California Energy Commission (“CEC”), California Department of Fish and Wildlife (“CDFW”), US Bureau of Land Management (“BLM”), and US Fish and Wildlife Service (“FWS”) released the Draft Environmental Impact Report (“EIR”)/Environmental Impact Statement (EIS”) for the Desert Renewable Energy Conservation Plan … Continue Reading

SDG&E 2014 Energy Storage Systems Request for Offers Among the Largest to Date

By Michael J. Gergen, Marc T. Campopiano and Andrew H. Meyer On September 5, 2014, San Diego Gas & Electric (“SDG&E”) issued a 2014 Energy Storage System (“ESS”) Request for Offers (“RFO”) soliciting at least 25 MW—and up to 800 MW—of energy storage (the “2014 ES RFO”).  SDG&E’s 2014 ES RFO is among the largest … Continue Reading

CPUC Opens Rulemaking to Incorporate Distributed Energy Resources Into Grid Planning Process for California’s Investor-Owned Utilities

By Michael J. Gergen, Marc T. Campopiano, and Andrew H. Meyer On August 14, 2014, the California Public Utilities Commission (“CPUC”) issued an Order Instituting Rulemaking (“Order”) to establish policies, procedures, and rules to guide California investor-owned electric utilities (“IOUs”) in developing their Distribution Resources Plan Proposals (“DRPs”) in accordance with the requirements of Public … Continue Reading

CAISO Asks FERC to Approve Tariff Changes Establishing Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements

By Michael J. Gergen and Andrew H. Meyer On August 1, 2014, the California Independent System Operator (“CAISO”) filed proposed tariff changes at the Federal Energy Regulatory Commission (“FERC”) in FERC Docket No. ER14-2574 that would establish new flexible resource adequacy capacity (“FRAC”) and must-offer obligation (“MOO”) requirements aimed at ensuring that adequate flexible capacity … Continue Reading
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