September 2010

Here’s an Energy Law Alert prepared by Seth Hilton, John McKinsey and Stephen Hall:

Last Thursday evening, the California Air Resources Board (ARB) unanimously adopted its Renewable Energy Standard (RES), mandating that California’s electric utilities—both public and investor-owned—procure 33% of their electricity from renewable resources by 2020. The RES was adopted pursuant to the authority granted the ARB in AB 32, the California Global Warming Solutions Act of 2006, which vested the ARB with the authority to promulgate regulations to reduce California’s greenhouse gas emissions. The RES requires utilities to submit plans by July 2012 on how they will comply with the new regulations. The regulation includes several multi-year compliance intervals—from 2012 to 2014 the RES is 20%, from 2015 through 2017 it is 24%, from 2018 to 2019 it is 28%, and from 2020 forward the RES remains at 33%. The RES is met through the retirement of Western Renewable Energy Generation Information System (WREGIS) certificates; unlike the current 20% Renewable Portfolio Standard (RPS) that applies to investor-owned utilities, there is no requirement that any energy be delivered to California. WREGIS certificates may be retained or traded for up to three years, utilities may also bank those certificates for RES compliance indefinitely. The RES also provides that ARB will conduct comprehensive reviews of the program by December 31, 2013, 2016, and 2018, and that those reviews may trigger modifications to the RES.Continue Reading Air Resources Board Adopts 33% Renewable Energy Standard; Four California Energy Agencies Vow to Cooperate on Implementation

On September 28, 2010, the House of Representatives passed the Algae-based Renewable Fuel Promotion Act of 2010 (H.R. 4168). The Act amends the Internal Revenue Code to (1) expand the definition of "cellulosic biofuel" to include algae-based biofuel for purposes of the cellulosic biofuel producer tax credit; and (2)  provide for accelerated depreciation of property used …

Sens. Jeff Bingaman (D-NM) and Sam Brownback (R-KS), with Sens. Byron Dorgan (D-ND), Susan Collins (R-ME), Tom Udall (D-NM), Mark Udall (D-CO) and others joining, announced today that they will introduce a stand-alone Renewable Electricity Standard (RES) bill.  The bill will require sellers of electricity to obtain the following milestones in adding renewable energy resources or energy efficiency:

2012-2013 – 3%

2014-2015 – 6%

2017-2018 – 9%

2019-2020 – 12%

2021 – 2039 -15%

Renewable resources that can be used toward compliance will include wind, solar, ocean, geothermal, biomass, landfill gas, incremental hydropower, hydrokinetic, new hydropower at existing dams, and waste-to-energy.  For utilities that are unable to meet their RES targets, the bill proposes to charge a compliance payment at a rate of 2.1 cents per kilowatt hour, with such amounts then being used for renewable energy development or to offset consumers’ bills.

A first step, yes.  But a small one.

Follow the link to learn more:Continue Reading A National Renewable Energy Standard Bill Surfaces in DC

Xcel Energy is seeking to acquire up to 250 MW of new wind generation in the Upper Midwest in a Request for Proposals (RFP) announced today. Xcel will consider purchasing energy output from new wind projects through a power purchase agreement or owning the wind generation assets.

Xcel will accept proposals of any size so…

The US and PCT patent organizations published the following patents and applications during the week of August 30, 2010:

  1. WO2010099406 (University of Maryland) relates to a producing ethanol and other products from plant material. According to the specification, a liquid pulp suspension of lignocellulose materials is combined with a culture of one or more marine

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I am proud to announce the publication of two white papers that focus on the issues of transmission development and broader issues facing renewable energy.  These white papers were written by attorneys at Stoel Rives and were prepared at the request of the Energy Foundation, a partnership of major foundations interested in sustainable energy.  The…

WoWE – Women of Wind Energy – has been promoting the education, professional development, and advancement of women in the renewable energy workforce since its inception in 2005.  It has since grown into a network of over 1,000 members strong.  It was founded to ensure that women are given the opportunity to play full, productive…

In recent months, the State of Maine has sought the spotlight in the offshore renewable energy space.  This entry summarizes three major events that have marked the state’s move toward a leadership role.

Maine Signs MOU with Nova Scotia

On July 12, 2010, Governor John E. Baldacci signed a Memorandum of Understanding (“MOU”) with Nova…