William H. Holmes
Bill Holmes concentrates his practice in the area of energy law, with a special emphasis on wind, geothermal, biomass, tidal and ocean power, and other forms of renewable energy.
The Interconnection Landscape Changes Yet Again: FERC Conditionally Accepts the California ISO's Interconnection Queue Reform Phase 2
On January 31, 2012, the Federal Energy Regulatory Commission (FERC) conditionally accepted additional reforms to the California ISO’s Generator Interconnection Procedures (GIP) that significantly change the rules that apply to developers seeking to interconnect power generation facilities in the California ISO’s balancing authority area.
The decision continues the California ISO’s efforts to reform the GIP that began in 2008, and focuses on 18 specific issues that arose from stakeholder efforts, interconnection agreement negotiations, the California ISO’s transmission planning process, or that were carried over from the previous round of reforms.
The reforms addressed the following issues and more:
• Deliverability Status
• Financial Security Deadlines
• Posting of Security and Reimbursement of Costs for Network Upgrades
• Reductions in Project Size
Click here to continue reading this alert.
To learn more about the reforms approved yesterday and how they may affect your generation development plans, please contact one of the attorneys listed below.
Maurcus Wood at (503) 294-9434 or mwood@stoel.com
Seth Hilton at (415) 617-8943 or sdhilton@stoel.com
Jason Johns at (503) 294-9618 or jajohns@stoel.com
Chad Marriott at (503) 294-9339 or ctmarriott@stoel.com
Federal Court Holds That the Migratory Bird Treaty Act Does Not Apply to Lawful Activities That Result in the Incidental Taking of Protected Birds
A legal update from our colleagues Per Ramfjord and Steve Galloway:
In a recent opinion, the United States District Court for the District of North Dakota dismissed misdemeanor criminal charges against three oil and gas companies for violation of the Migratory Bird Treaty Act (“MBTA”) arising out of the incidental death of migratory birds through contact with oil reserve pits operated by the defendants. United States v. Brigham Oil & Gas, L.P., No. 4:11-po-005-DLH et al., 2012 U.S. Dist. LEXIS 5774 (D.N.D. Jan. 17, 2012). This opinion is significant because it represents the latest in a number of cases that have interpreted the MBTA in a manner that does not criminalize the inadvertent taking of migratory birds.
By way of background, the MBTA was enacted in 1918 to implement four international treaties aimed at protecting migratory birds. The Act makes it unlawful “by any means or in any manner” to “take” or attempt to “take” any of approximately 800 species of migratory birds, including most common birds other than pigeons and starlings. Regulations promulgated under the Act further define the term “take” as to “pursue, hunt, shoot, wound, kill, trap, capture, or collect” any such birds. Companies or individuals who violate these provisions face misdemeanor criminal penalties that can result in fines of up to $15,000 per bird and/or six months’ imprisonment.
California Energy Commission Issues 2011 Integrated Energy Policy Report
Yesterday, the California Energy Commission (CEC) issued a notice that, as part of the CEC’s February 8, 2012 Business Meeting, the Commission will consider adoption of the Lead Commissioner’s Final 2011 Integrated Energy Policy Report (IEPR).
The CEC’s notice included the following information:
Background
Senate Bill 1389 requires the CEC to adopt an integrated energy policy report every two years. The objective of the IEPR is to evaluate market trends and develop energy policies that will "conserve resources, protect the environment, ensure energy reliability, enhance the state's economy, and protect public health and safety." The Final 2011 IEPR has been prepared in response to this direction and is available on the CEC’s website.
To prepare the report, the Energy Commission conducted 30 public workshops on a range of issues facing California's electricity, natural gas, and transportation fuel sectors. On December 5, 2011, the Energy Commission released the Draft 2011 IEPR to solicit public comments. The Final 2011 IEPR considers all written comments on the draft report.
Written Comments
The Energy Commission will accept comments on the Final 2011 IEPR and requests parties to submit comments in writing by February 1, 2012, so that comments can be considered before the February 8, 2012, Business Meeting. Comments will also be accepted at the Business Meeting.
Upcoming Energy Conference Highlights
Through industry presentations and publications as well as through our blog, our energy attorneys are dedicated to helping you stay informed and knowledgeable about legal developments that affect your business.
Visit our website for the latest calendar of events. Upcoming highlights include:
PV Due Diligence Requirements
January 23-26 – San Diego, CA
This conference will focus on the core areas of due diligence for PV projects—mostly utility-scale, but also distributed-scale—and provide a "blueprint" for their execution. It covers aspects of solar project development not tackled by instructional programs, which focus strictly on financing issues. On January 23, Stoel Rives attorney, Howard Susman will present, "Project Contractual Relationships."
Next Generation Bio-Based Chemicals Summit
January 23-26 – Phoenix, AZ
This summit is focused on sustainably sourced chemicals — and the platforms, resources, business models and tools required to deliver them. Sam Webb will moderate the Plant/Biomass Panel Discussion, CJ Voss will moderate the Plenary Keynote Session, Consumer Goods Brand Owner/Automotive OEM Panel, and David Quinby will serve as Summit Chair. Stoel Rives is proud to be the Platinum Sponsor of this event.
EUEC 2012
January 30-February 1 – Phoenix, AZ
Over 2,000 delegates including environmental business leaders, energy executives and government policymakers gather to share presentations and discuss alternate energy solutions to secure our independence from foreign oil while protecting our environment. Kristen Castaños will present, "Utility-Scale Solar Projects in California - The Keys to Development Permits in Desert Areas and on Farmland," and Allison Smith will present, "Strategies for Complying with Current GHG Regulations in California."
Municipal Solid Waste to Biofuels Summit
February 7-8 – Chicago, IL
Stoel Rives attorney Kevin Johnson is headed to the Windy City for this forum, designed specifically to facilitate business meetings with investors, biofuels developers, waste management executives, and local and state officials. Hear Kevin Johnson present “The Legal Perspective: Counseling Municipalities in Renewable Energy Strategy.”
Wind Power Finance & Investment Summit
February 8-10 – San Diego, CA
Join Stoel Rives attorneys Ed Einowski, Duff Bryant, Greg Jenner, Howard Susman and Alexandra Mertens at one of the best deal-making and networking events in the wind industry. This annual summit brings together leading project developers, lenders, investors, financiers and other key players to discuss the latest finance and investment developments, and share information about upcoming projects opportunities. Stoel Rives is a proud Platinum Sponsor of this event. Stoel Rives is pleased to offer a 15% registration discount with code 120131.
2012 Wind, Solar and Storage
February 14-16 – Austin, TX
Stoel Rives Partners Bill Holmes and Greg Jenner will serve as members of the esteemed faculty for this CLE program, presented by the University of Texas School of Law and the Oil, Gas and Energy Resources Law Section of the Texas State Bar. Greg Jenner will moderate the discussion panel, “A Primer on Economics, Tax Credits and PPAs for Wind and Solar Projects.” Bill Holmes will moderate the discussion panel, “Integration, Reliability, Operational and regulatory Issues for Renewables.”
Utah Energy Development Summit
February 15 – Salt Lake City, UT
Join Stoel Rives attorney Julia Pettit for the premier energy event for Utah and the Greater Rocky Mountain area. With a speech from Utah Governor Gary Herbert highlighting energy priorities in his administration, as well as keynotes from national-level energy leaders, this will be an event not to miss. Stoel Rives is a proud sponsor of this event.
National Ethanol Conference
February 22-24 – Orlando, FL
Stoel Rives is proud to be a sponsor for this conference delivering timely information on marketing, legislative and regulatory issues facing the ethanol industry. With numerous networking opportunities, more business meetings are conducted and contacts made at this conference than any other ethanol conference. Stoel Rives attorneys Graham Noyes and Kevin Prohaska will be in attendance.
Solar Power Finance & Investment Summit
February 27-March 1 – San Diego, CA
This summit brings together utility-scale, commercial and residential solar project developers, investors, lenders, equipment suppliers, construction contractors and other key players to share their perspectives on the latest developments in the solar project finance and investment market. David Benson will Chair the Solar Power Executive Briefing. Julia Pettit will moderate, "The Buying and Selling of Distributed Solar Projects,” and Morten Lund will moderate, "Financing 2-20 MW Scale Projects.” Stoel Rives attorneys Greg Jenner and Howard Susman and Ed Einowski will also be in attendance. Stoel Rives is a Platinum Sponsor at this event. Stoel Rives is pleased to offer a 15% registration discount with code 120221.
AWEA Wind Power Project Siting Workshop
February 28-March 1 – Las Vegas, NV
This two-day siting seminar delves into key siting topics and explores issues related to wildlife interactions, sound and visual impacts, radar issues, cultural resources and stakeholder interests. Stoel Rives attorneys Aaron Courtney and Tim McMahan both members of AWEA’s Siting Committee, will be in attendance, and Aaron Courtney present, “Managing Regulatory Risk on Your Site.
CPUC Adopts Decision Implementing RPS Portfolio Content Categories
A legal update from our colleagues Seth Hilton and Allison Smith:
On December 15, 2011, the California Public Utilities Commission adopted Decision 11-12-052, implementing Portfolio Content Categories for the 33% Renewables Portfolio Standard (RPS) Program in California. The Decision implements portions of Senate Bill (S.B.) x1-2, which created the 33% RPS Program. S.B. x1-2 established three categories of RPS-eligible electricity, applicable to RPS contracts executed after June 1, 2010:
- Category One includes electricity from RPS-eligible resources that have their first point of interconnection with a California balancing authority, RPS-eligible resources with a dynamic transfer arrangement with a California balancing authority, and RPS-eligible resources scheduling their electricity directly into a California balancing authority without substituting electricity from another source.
- Category Two includes firmed and shaped RPS-eligible electricity.
- Category Three includes transactions that do not meet the criteria of Category One or Two, including unbundled renewable energy credit (REC) transactions.
Click here to read the entire update on the Portfolio Content Categories and this decision.
FERC Rules Against Bonneville Power Administration's Environmental Redispatch Policy
A legal update from our colleagues Steve Hall, Dina Dubson and Jason Johns:
On December 7, 2011, the Federal Energy Regulatory Commission issued an order holding that the Bonneville Power Administration violated Section 211A of the Federal Power Act by curtailing wind energy under BPA’s Environmental Redispatch policy and requiring BPA to file a revised transmission tariff within 90 days from the date of the order.
Upcoming Energy Conference Highlights
Through industry presentations and publications as well as through our blog, our energy attorneys are dedicated to helping you stay informed and knowledgeable about legal developments that affect your business.
Visit our website for the latest calendar of events. Upcoming highlights include:
Distributed Solar Summit 2011
November 30-December 2 – San Diego, CA
This event is a unique opportunity for the entire distributed solar community to connect and discuss successful strategies for funding distributed solar projects. Stoel Rives attorneys Morten Lund and Brian Nese will moderate discussion panels covering “The California Market – Market Environment and Business Opportunities,” “Asset and Portfolio Capital Providers' Appetite for Investing in Distributed Solar,” and “EPC/Installers Views on Contracting Relationships.” As a sponsor, Stoel Rives is offering a 15% registration discount with code 118926.
Siting & Permitting Renewable Energy Projects in the West
December 7-9 – San Diego, CA
On December 8 hear Tim McMahan co-present “Impact of the Endangered Species Act, NEPA and Other Environmental Legislation on Current and Planned Projects,” and Tim Taylor participate in the discussion panel “Strategies for Working Successfully with the Regulators to Get Projects Permitted and Developed.” Wayne Rosenbaum will chair the Pre-Conference Workshop on December 7.
Hydropower’s Evolving Role in Western Power Grid Reliability
December 12-13 – Sacramento, CA
Join Stoel Rives attorneys Chad Marriott, Bill Holmes and Barbara Brenner for one of the year's most important hydroelectric power events. On December 13, Bill Holmes will present "Storage: How Changing Policies and Technologies Influence Hydropower Utilization," and Chad Marriott will present "Recognizing the Role of Small Hydro in the West."
US-China Wind 2011: Building Strategic Cooperation
December 13-15 – San Francisco, CA
Join Stoel Rives’ Mike Mangelson, William Clydesdale, David Benson, and Ed Einowski as they examine the factors driving developments of the US and Chinese wind power markets. Mike Mangelson will serve as the pre-summit chair, at which time William Clydesdale will present “Negotiating the Joint Venture Agreement.” During the main summit, chaired by Ed Einowski, David Benson will present “Alternative Financing Structures.” As the Platinum Sponsor of this event, Stoel Rives is offering a 15% registration discount with code 116011.
2012 Pacific West Biomass Conference & Trade Show
January 16-18 – San Francisco, CA
This event focuses on biomass utilization in the western US, and brings together area producers of biomass-derived electricity, heat, and power with waste generators, utility executives, equipment manufacturers, and more. On January 16, Lee N. Smith will moderate the discussion panel "Capitalizing on Energy Rich Waste Streams and Technical Approaches for their More Varied Conversion," and Greg Jenner will serve as a panelist for "Capitalization Strategies in Challenging Financial Environment." Stoel Rives is a proud sponsor of this event.
Projects & Money 2012
January 18-20 – New Orleans, LA
Stoel Rives is proud to be a Gold Sponsor for this one-stop meeting center for project professionals working to kick off their project finance plans. Stoel Rives attorney David Benson will be in attendance, and Stoel Rives attorney Julia Pettit will moderate the discussion panel "Buying and Selling Project Assets (Project M&A)" on January 19. Stoel Rives is pleased to offer a 10% registration discount with code 120366.
Wind & Solar Integration Summit
January 18-20 – Scottsdale, AZ
Stoel Rives attorneys Stephen Hall and Bill Holmes come together with policy makers, transmission owners and operators, and renewable energy developers to network and exchange valuable information about operational changes and their impact on distributed solar and grid-scale wind energy. Bill Holmes will serve as Summit Chair, and Stephen Hall will present "Approaches to Handling Environmental Redispatch and Curtailment.”
PV Project Due Diligence Requirements
January 23-24 – San Diego, CA
Hear Stoel Rives attorney Howard Susman present "Project Contractual Relationships" on Monday, January 23 as he covers such issues as PPAs, financing, siting and permitting, and more.
Next Generation Bio-Based Chemicals Summit
January 23-26 – San Diego, CA
Join Stoel Rives attorneys David Quinby, Christopher Voss and Jere Webb for this innovative biotech/biofuels event with a comprehensive, in-depth focus on sustainably sourced chemicals — and the platforms, resources, business models and tools required to deliver them. Stoel Rives is a Platinum Sponsor for this event.
EUEC 2012
January 30-February 1 – Phoenix, AZ
See over 600 professional presentations on 12 specialized tracks, and browse over 200 exhibits. Allison Smith will present "Strategies for Complying with Current GHG Regulations in California,” and Kristen Castaños will present "Utility-Scale Solar Projects in California - The Keys to Development Permits in Desert Areas and on Farmland."
Wind Power Finance & Investment Summit
February 8-10 – San Diego, CA
Join Ed Einowski and members of the Stoel Rives Wind team as they participate in one of the best deal-making and networking events in the wind industry. Stoel Rives is proud to be a Platinum Sponsor for this event.
Solar Power Finance & Investment Summit
February 27-March 1 – San Diego, CA
Join Stoel Rives attorneys Howard Susman, Julia Pettit, David Benson, Morten Lund and Greg Jenner to learn about putting together solar power project deals. Hear investors discuss their future plans and what they seek when getting involved in deals in 2012 and beyond. David Benson will Chair, Julia Pettit will moderate, “The Buying and Selling of Distributed Solar Projects,” and Morten Lund will moderate, “Financing 2-20 MW Scale Projects.” Stoel Rives is proud to be a Platinum Sponsor at this event.
Energy Law Alert: BIA Proposes Regulations for Surface Leases of Trust Land for Energy and Other Uses
A legal update from our colleagues Michael O'Connell and Stephen Kelly:
The Bureau of Indian Affairs (BIA) on November 29, 2011 published proposed regulations for leasing tribal and individual Indian trust land for business and residential uses. The comment period runs through January 30, 2012. It will take the BIA some time to review and respond to comments before issuing final regulations. The Federal Register notice for the proposed new regulations runs 44 pages. See 76 Fed. Reg. 73,784 (Nov. 29, 2011).
The BIA's proposed regulations apply to surface leases of trust land. Subsurface leases and mineral development agreements are governed by different regulations and statutes, as are rights-of-way and contracts or agreements that encumber tribal land.
Revised Subpart D of the proposed regulations covers leases for biomass, waste-to-energy, and other commercial and business uses. Subpart E establishes procedures for Wind and Solar Resource Leases and short-term (three years, with an option for one renewal term of three years) Wind Energy Evaluation Leases (WEELs) for purposes of installing instrumentation and related infrastructure, such as met towers, to evaluate wind resources for electricity generation. No similar provision is included for solar energy evaluation leases on the theory that physical possession of land is not required to evaluate a solar resource. WEELs take the place of short-term BIA permits that were included in an earlier version of the draft regulations.
Upcoming Energy Conference Highlights
Through industry presentations and publications as well as through our blog, our energy attorneys are dedicated to helping you stay informed and knowledgeable about legal developments that affect your business.
Visit our website for the latest calendar of events. Upcoming highlights include:
Southeast Biomass Conference & Trade Show
November 1-3 – Atlanta, GA
Join Stoel Rives attorneys Lee Smith, Greg Jenner, Joe Thompson, and Tim Taylor in Atlanta for this BBI conference. Stoel Rives is a proud sponsor of this event. Our attorneys will participate in discussion panels covering Environmental Compliance, Biomass Procurement and Supply Chain Management, and Federal Incentives.
WoWE Leadership Forum
November 2 – Carlsbad, CA
Stoel Rives and the Women of Wind Energy (WoWE) are pleased to announce the second installment of this special Forum. Stoel Rives attorneys Elizabeth Cason, Dina Dubson and Julia Pettit, member of the 2011 planning committee, will be in attendance.
AWEA Wind Energy Fall Symposium
November 2-4 – Carlsbad, CA
Join Stoel Rives attorneys Julia Pettit, Howard Susman and Wayne Rosenbaum at this exclusive event designed for professionals in every segment of the wind industry.
Solar Power Project Development
November 9 – San Diego, CA
Join Stoel Rives attorney Brian Nese in San Diego where he will co-present the Solar Status and Update session.
Green Energy M&A Outlook for 2012
November 15-16 – Santa Clara CA
Stoel Rives is proud to be a Platinum Sponsor at this event. Attorneys Duff Bryant, Ed Einowski and Julia Pettit will moderate discussion panels covering the Corporate M&A Landscape, Renewable Developers’ Perspectives, and Wind M&A Deals. Duff Bryant and Ed Einowski will serve as Summit Co-Chairs. We are pleased to offer a 15% registration discount with code 119631.
CalWEA 11th Annual Meeting
November 16-17 – Carlsbad, CA
Join Howard Susman, Wayne Rosenbaum, Randy Faccinto, Brian Nese, and Elizabeth Cason as they gather with other members of the California Wind Energy Association. Stoel Rives is proud to be a breakfast sponsor at this event.
Utah Renewable Energy Business Summit
November 16-17 – Salt Lake City, UT
Join Stoel Rives attorney Julia Pettit for this two-day event presented by the Governor’s Office of Economic Development.
Distributed Solar Summit 2011
November 30-December 2 – San Diego, CA
Hear discussions moderated by Stoel Rives attorneys Morten Lund and Brian Nese covering The California Market Environment and Business Opportunities, Asset and Portfolio Capital Providers' Appetite for Investing in Distributed Solar, and EPC/Installers Views on Contracting Relationships.
Siting & Permitting Renewable Energy Projects in the West
December 7-9 – San Diego, CA
Tim McMahan will co-present Impact of the Endangered Species Act, NEPA and Other Environmental Legislation on Current and Planned Projects and Tim Taylor will participate in the discussion panel Strategies for Working Successfully with the Regulators to Get Projects Permitted and Developed.
US-China Wind 2011: Building Strategic Cooperation
December 13-15 – San Francisco, CA
Visit with Mike Mangelson, William Clydesdale, David Benson, and Ed Einowski in San Francisco for the 2nd Annual US-China Wind Summit. Stoel Rives is proud to be a Platinum Sponsor at this Infocast event, and we are pleased to offer a 15% discount on registration with code 116011.
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To see the full calendar of events, click here.
CUB Policy Center and UO Hold Inaugural Smart Grid Conference in Portland
The CUB Policy Center, in partnership with the University of Oregon School of Law, will be holding its inaugural policy conference: Smart Grid: Today's Regulation and Tomorrow's Technology, on Friday, October 21, 2011, at the University of Oregon White Stag Block (70 NW Couch St., Portland, OR 97209). The luncheon keynote speaker will be former FERC Commissioner Nora Mead Brownell, who is the co-founder of ESPY Energy Solutions.
The conference is designed to educate utility analysts, policy analysts, attorneys, industry professionals, stakeholders and others on the current regulatory environment in Oregon and the region and to provide a forum for investigating the opportunities and challenges of integrating the Smart Grid into that environment. The CUB Policy Center notes that space for this conference, which promises to be well attended, is limited and encourages attendees to register early.
I'll be participating in the Closing Panel to recap and discuss lessons learned during the day, and I hope to see you there.
