Clean Energy Jobs and American Power Act Promotes Advanced Renewable Fuels
The Chairman’s Mark of the Clean Energy Jobs and American Power Act contains proposed language that would clarify that algae-based and other advanced fuels are included in the definition of biofuels for purposes of the Renewable Fuel Standard. The Environment and Public Works Committee started legislative hearings today on the Clean Energy Jobs and American Power Act.
Show Me the Money: DOE To Announce 100 Smart Grid Awards Today
Later today, the Department of Energy will announce the 100 smart grid projects that will receive smart grid stimulus finds. A complete list of the awards should be available later today; three have been announced early:
- Baltimore Gas and Electric: $200,000,000 from DOE and $251,000,000 from other sources
- Sempra Energy: $28,000,000 and $31,000,000 from other sources
- Cobb Electric Membership Corp. (Marietta, GA): $16,000,000 – no information on additional funding requirements
The DOE reported that the quality of the applications were extremely high. The ratio of applications to grants was 4:1 and the funding requested was 5 times the amount that was available.
DOE and NREL Announce Open PV Mapping Project
National Renewable Energy Laboratory (NREL) and the U.S. Department of Energy (DOE) announced the release of the Open PV Mapping Project. The Project is a collaborative effort between government, industry, and the public to develop a comprehensive database of photovoltaic (PV) installation data for the United States.
The Project will provide a Web-based resource for users to easily understand the current status and past progress of the PV industry from the data that show current and recent trends of the PV market. Users can also add their own PV installation data, browse PV data input by others, and view statistics. NREL plans to add additional data and use the information to monitor and analyze market growth.
FERC Conditionally Approves MISO Tariff Amendment on Cost Allocation
This afternoon, the Federal Energy Regulatory Commission conditionally approved the Midwest Independent Transmission System Operator's (MISO) proposed tariff amendment regarding allocating the cost of network upgrades for generation interconnection projects meeting MISO's regional expansion criteria and benefits (RECB) standards. See my previous blog entry for a more detailed discussion on the history of the tariff amendment, as well as protests to the amendment filed by AWEA and others.
Under the decision rendered today, FERC found that the proposed solution provides an interim solution, and directs MISO to make a compliance filing (1) to fulfill its commitment to file superseding tariff revisions regarding the Phase II cost allocation methodology on or before July 15, 2010, and (2) to reflect certain conforming changes to its tariff. In addition, FERC expects MISO to provide the Commission with status reports on the Phase II process.
To see any of the documents filed in this proceeding, go to FERC's eLibrary website and enter in Docket No. ER09-1431.
Solar Power International '09
Next week, the Anaheim Convention center hosts Solar Power International, which bills itself as 'North America's largest business to business solar industry event.’ With over 900 exhibitors (Stoel Rives included) and 25,000 attendees expected, there is no doubt that this conference will be one of the largest and most heavily attended solar industry events in the world this year. The conference starts on Monday October 26 with pre-conference workshops and runs through Friday October 30. This year’s keynote speaker is Robert F. Kennedy Jr. the keynote address will take place on Wednesday morning.
If you are attending the conference, please stop by our exhibit booth (No. 1744), which is centrally located in the “PV Cells and Modules” section of the Exhibit floor. Stoel Rives attorneys Howard Susman, Morten Lund, Pat Boylston, Gregory Jenner, Stephen Hall, Kristen Castaños, David Quinby and Adam Walters will be in attendance.
Upcoming Webinar: The Stimulus Bill - Structured Tax Incentives
Stoel Rives is proud to sponsor an upcoming webinar series on key legal issues of The Stimulus Bill. Session dates and topics include:
November 4, 2009
Structured Tax Incentives
November 18, 2009
Grants & Applications – The Process and the Pitfalls
December 2, 2009
The DOE Loan Guarantee Program Long-Term and Ongoing
The first session, on November 4, will discuss Structured Tax Incentives. The Treasury grant under Section 1603 has been a game changer for the renewable energy market. Most people are familiar with the basics of the Treasury grant; however, many questions have arisen about how the grant will work in practice:
- How will Treasury interpret various standards, including starting construction and placing in service?
- How will Treasury police recapture events?
- What changes might be expected regarding disqualified persons?
Join us for a discussion of these and other pressing questions.
Each session will be 60 minutes and feature question & answer period. The panels will also respond in real time to questions submitted by listeners.
A live Twitter feed will be available at #stimulusbill
REGISTER HERE: Registration is free.
Minnesota Renewable Energy Projects RFP
The State of Minnesota’s Office of Energy Security (OES) is requesting proposals from organizations that are engaged in or will engage in the manufacture of renewable energy systems or fuels, energy storage systems, geothermal energy systems for heating and cooling, components of these systems, or equipment for the manufacture of these systems or components.
The maximum award is $1 million. Up to a total of $2 million is available to all recipients. OES anticipates that two to six projects will be selected for awards under this solicitation.
All work to be performed within a proposed scope of work must be completed no later than June 30, 2011. An applicant must provide at least 40 percent of the total cost of the proposed scope of work. Applicant’s match may be cash or in-kind.
Each applicant must submit a notice of intent no later than December 4, 2009 to be eligible. Final proposals are due on December 18, 2009. OES anticipates provisional notification of successful applicants no later than January 29, 2010. Final selection will be contingent on determination by U.S. Department of Energy of compliance with the National Environmental Policy Act.
For more information and to download a copy of the RFP, please visit www.energy.mn.gov and click on Active Request for Proposal (RFP).
California and the U.S. Department of Interior Sign an MOU on Renewable Energy
The State of California and the U.S. Department of Interior (DOI) have entered into a Memorandum of Understanding on renewable energy, building on existing collaboration by California and its federal partners to facilitate the development of renewable energy resources in the state. The MOU stems from California and DOI energy policy directives, and California’s legislative mandate to reduce greenhouse gases to 1990 levels by 2020 and 80% below 1990 levels by 2050, and produce 33% of California’s electrical needs from renewable energy sources by 2020. The MOU notes one reason for California and DOI to really get the ball rolling on their collaboration: the American Recovery and Reinvestment Act specifically directs economic stimulus funding to qualified renewable energy projects that begin construction by December 1, 2010.
The California-DOI MOU complements and expands on several MOUs issued over the past year to establish and outline the activities of the California Renewable Energy Action Team (REAT). The REAT was provided for in California Executive Order S-14-08, issued November 17, 2008, to “establish a more cohesive and integrated statewide strategy, including greater coordination and steamlining of the siting, permitting, and procurement processes for renewable generation … .” In other words, let’s dispense with the permitting hang-ups and delays that plague development projects in California and get more renewable energy facilities online. While Executive Order S-14-08 does not focus on the development of solar energy in particular, this MOU is geared to faciliting California's burgeoning solar energy industry.
Continue Reading...Wed. 10/21/09: "Demystifying the Smart Grid"
The enthusiasm about smart grid continues to spread in the Pacific Northwest. Tomorrow, Intel’s Ronler Acres Campus (just outside of Portland) will host "Demystifying the Smart Grid," a panel and dinner event from 6 to 9 PM that will bring together industry experts and capital providers to discuss smart grid opportunities and the direction of current smart grid policy. The event is being organized by the Oregon chapter of The Indus Entrepreneurs ("TiE Oregon") in order to spur the exchange of ideas and information among entrepreneurs and innovators in the smart grid space. Stoel Rives is proud to be a Charter Member of TiE Oregon. My colleagues, Todd Bauman and Scott Olson will be in attendance. To register for the event and view the list of panelists, click here.
Smart Grid Favored in FERC Strategic Plan
The Federal Energy Regulatory Commission (“FERC”) highlighted smart grid technologies in its strategic plan for fiscal years 2009-2014 (the “Strategic Plan”). FERC found that our nation could potentially reduce peak electricity demand by up to 20% through the deployment of new technologies, including smart grid and demand response technologies.
In the Strategic Plan, FERC is establishing the use of smart grid technologies in 50% of all new transmission projects by 2014. This goal will be met through the (i) increased the development of smart grid standards and protocols (through a process coordinated by the National Institute of Standards and Technology) and (ii) the implementation of rate treatment policies favorable to smart grid technologies in the interim period between development and approval of smart grid standards. FERC has set the following Annual Performance Targets:
· FY2010: Assessment of transmission planning process best practices, including the potential for collaborative decision making, and issue a Notice of Proposed Rulemaking as appropriate
· FY 2011: As appropriate, issue Final Rule on transmission planning process best practices
· FY 2012: Implement Final Rule as appropriate
· FY 2013: Monitor implementation and performance
· FY 2014: Evaluate performance and seek changes as necessary
USPTO Rescinds Controversial Patent Regulations Package Proposed by Previous Administration
An update on intellectual property issues from my colleague, John Rafter:
Having previously moved to stay proceedings in the Tafas v. Doll case pending the induction of David Kappos as the new Director of the U.S. Patent and Trademark Office (“USPTO”), the USPTO announced on October 8, 2009 that it will join with plaintiff GlaxoSmithKline to file a motion dismiss the lawsuit related to regulations affecting the ability to secure patent protection for inventions.
The USPTO attempted to institute these new regulations to reduce the backlog of pending patent applications by lessening the USPTO’s prosecution burden and improving prosecution speed of patent applications. The rules attempted to shift some of the prosecution burden to patent applicants and also attempted to limit the number of patent claims and continuation applications that an applicant could file.
For technology companies, provided the case is dismissed as expected, this announcement means that the prosecution of patents at the USPTO will proceed as usual. However, the new USPTO Director Kappos still has the task of how to get the pendency of patents under control; it now takes at least 2-3 years to get a patent from filing to issue, and that time frame is getting longer. For more information, see http://www.stoel.com/showalert.aspx?Show=5928.
News from the Sustainability Front
My partner Eric Grasberger and I were recently interviewed for an article in the Oregon State Bar Bulletin (October 2009) entitled "Advancing the New Economy: Oregon Lawyers Embrace Sustainability," by Barry Woods. The article, which we've summarized here, provides an interesting take on how lawyers at Stoel Rives and other law firms are integrating concepts of sustainability into their practices, their business and their personal lives. Eric, for example, is a leading green building lawyer and was inpsired by his experience to buy a LEED Gold certified home.
The article prompted Seattle partner Ken Odza to alert me to another sustainability event, which is a little off the topic of Renewable + Law but likely to be of interest to many who follow this Blog Ken, who is a food products litigator at Stoel Rives, has organized a series of three complimentary Webinars entitled "Bringing Environmentally Sustainable Food Products to Market." The first interactive session will discuss "Where to Start? Developing and Financing Sustainable Food Products" and will be held at Noon EDT/9am PST on Tuesday, October 20, 2009. Ken will moderate a panel of experts including Steven Rowe, Senior Vice President and General Counsel, Darigold, Inc.; Karen Karp, President, Karp Resources, New York City; Monica Gelinas, Senior Consultant, Karp Resources, New York City; Duff Bryant, Corporate Finance Lawyer, Stoel Rives, Seattle; and Joel Dahlgren, Cooperative Finance Lawyer, Stoel Rives, Minneapolis For more information about these free Webinars, click here.
EPA Aims to Limit Greenhouse Gas Regulations to Large Facilities
The U.S. Environmental Protection Agency (EPA) is proposing a rule that would limit future greenhouse gas (GHG) regulations under the Clean Air Act to large industrial facilities emitting the equivalent of 25,000 tons or more of carbon dioxide annually. Effectively, the application of GHG regulations will be confined to facilities such as power plants, refineries, and factories, which produce nearly 70% of U.S. GHGs. This proposal lets relatively small GHG emitters off the hook. The EPA was apparently alarmed at predicitions that the application of GHG regulations to low emitters would cause state permitting authorities to be inundated with more paperwork than they could handle with existing resources.
Under the proposed rule, 3,000 GHG emitters - mostly municipal landfills - will now be required to file for a GHG permit. The proposed rule, announced by the EPA on September 30, will be open for public comment for 60 days once it has been published in the Federal Register - which had not happened as of yesterday.
Major emitters of GHGs will also have to apply for a permit when they increase their GHG emissions by between 10,000 and 25,000 tons of carbon dioxide, although the EPA is seeking input on those levels.
Obama Administration Invests $300 Million in a Green Federal Fleet
The Obama Administration has met its goal to invest $300 million from the American Recovery and Reinvestment Act on fuel-efficient vehicles for the federal fleet. The U.S. General Services Administration (GSA) announced that it has ordered :
· 3,100 fuel-efficient hybrid vehicles for $77 million;
· 14,105 fuel-efficient vehicles including alternative-fuel and hybrid vehicles, for $210 million; and
· 35 hybrid electric buses, and one hybrid electric car for $12.4 million.
Most of the new vehicles will be in use by the end of this month, replacing older, less-efficient models in the federal fleet. By increasing the fuel efficiency of its fleet, the new vehicles will save an estimated 16.7 million gallons of fuel over the next seven years, which translates to 334 million less pounds of greenhouse gases emitted and a savings to taxpayers of at least $40 million in fuel costs.
US and China Co-Host First Electric Vehicle Forum
140 U.S. and Chinese officials met in Beijing at the first U.S.-China Electric Vehicle Forum to discuss progress in the electric vehicle industry and opportunities, concluded October The meeting highlighted the rapidly growing electric vehicle industry in China and the US (which are two largest auto markets and energy consumers, and together emit more than 40% of the world's greenhouse gases).
The meeting is the result of from growing U.S.-China collaboration on clean energy technologies. In July, the United States and China announced plans to develop a U.S.-China Clean Energy Research Center (CERC) that will facilitate joint R&D on clean energy by bringing together teams of scientists and engineers and providing an information clearing house to help researchers in both countries. The CERC has identified clean vehicles as a priority for joint projects.
Demonstration of Low Temperature Geothermal Power Generation
Seeing how Stoel Rives is a Silver Sponsor of the Geothermal Energy Expo, held in Reno until October 7, 2009, it appears timely to talk about some geothermal energy news (click here for conference details, come by and see us at booth #520).
On October 2, 2009, the U.S. Department of Energy (DOE) announced the Geothermal Research Initiative, a program to demonstrate low temperature geothermal electrical power generation systems using oilfield fluids produced at the Rocky Mountain Oilfield Testing Center. This program is moving forward as a collaboration between the Office of Fossil Energy and the Office of Energy Efficiency and Renewable Energy’s Geothermal Technologies Program.
The Geothermal Research Initiative will demonstrate the versatility, reliability, and deployment opportunities which utilize the co-produced water from oilfield operations. These systems are designed to offset the electricity usage of the oilfield while also creating a second use for water which would otherwise be discarded. The DOE believes that the co-produced water can become a significant energy resource with an estimated 10 barrels of hot water being produced along with each barrel of oil in the United States.
The program will produce operational and performance data which will be freely available to the public. The goal of the program is to educate industry and the public about the potential for geothermal energy production from co-produced water and establish the best systems for particular climates.
