Chad Marriott

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Chad Marriott practices in the Energy Development group, where he concentrates his practice on wind, solar, hydro, marine and hydrokinetic (e.g., wave and tidal power), and other forms of renewable energy. Chad currently serves as a vice chair for the Hydro Power Committee of the American Bar Association's Section on Environment, Energy, and Resources; and he is also a board member of the Ocean Renewable Energy Coalition. His practice includes advising clients on the retirement of renewable energy certificates (RECs) with the Western Renewable Energy Generation Information System (WREGIS); advising irrigation districts on Federal Energy Regulatory Commission (FERC) permitting and licensing requirements for new hydro, hydrokinetic and conduit facilities; drafting and reviewing leases and easements for the development of energy projects, assisting with mergers and restructuring of foreign renewable energy companies' domestic project entities, and drafting and reviewing power purchase agreements for renewable energy developers.


Articles By This Author

Qualification and Application Checklist for New DOE Loan Guarantee Solicitation for Renewable Energy and Efficiency Projects

Late last week, the United States Dept. of Energy (“DOE”) Loan Program Office issued a final solicitation for projects seeking loan guarantees titled “Federal Loan Guarantees for Renewable Energy Projects and Efficient Energy Projects.”  Issued under the DOE’s Section 1703 Loan Program (named for Section 1703 of Title XVII of the Energy Policy Act of 2005), the Renewable and Efficient Energy Projects solicitation will make up to $2.5 billion in direct loan guarantees* available to “catalytic projects”- i.e., those that will push the commercial deployment of innovative technologies in future projects. Download a copy of the solicitation (PDF). 

We provide a checklist of project eligibility, program requirements and the loan guarantee application process below.

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NV Energy Wants More Solar

NV Energy is in the market for solar. On March 10, 2014, the utility issued a Request for Information (“Solar Site RFI”), asking developers to help identify potential sites for solar projects that would be 20 MW AC or greater in size and are sufficiently developed to meet a 2016 commercial operation date. 

The Solar Site RFI comes in the wake of SB 123’s passage in June 2013. The law requires electric utilities to issue RFPs for at least 300 MW of generating capacity from new renewable energy resources by December 31, 2016.   Click here for more information. Responses are due March 21, 2014.

Army Pre-Qualifies Biomass Developers Under MATOC

On September 23, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force, issued its final round of awards under the multi-award task order contract for renewable and alternative energy issued last summer (Solicitation Number W912DY-11-R-0036, the “MATOC”). The Army received 52 proposals in the biomass category under the MATOC and awarded thirteen (13) indefinite delivery/indefinite quantity contracts to developers in the space, four (4) of which were to small businesses. The EITF press release can be found here. Awards in the geothermal, wind, and solar categories were made earlier this year. 

As pre-qualification under the MATOC wraps up, it is important to remember that the MATOC is not the only contracting vehicle that the Department of Defense is using to construct large-scale renewable energy projects. While public attention has largely been drawn to the MATOC, the Army, Navy, and the Defense Logistics Agency (“DLA”)-Energy have been pushing forward with specific procurements and requests for information at places like Fort Huachuca in Arizona, Fort Irwin in California, Fort Detrick in Maryland, and NAWS China Lake in California. 

Army Pre-Qualifies Biomass Developers Under MATOC

On September 23, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force, issued its final round of awards under the multi-award task order contract for renewable and alternative energy issued last summer (Solicitation Number W912DY-11-R-0036, the “MATOC”). The Army received 52 proposals in the biomass category under the MATOC and awarded thirteen (13) indefinite delivery/indefinite quantity contracts to developers in the space, four (4) of which were to small businesses. The EITF press release can be found here. Awards in the geothermal, wind, and solar categories were made earlier this year. 

As pre-qualification under the MATOC wraps up, it is important to remember that the MATOC is not the only contracting vehicle that the Department of Defense is using to construct large-scale renewable energy projects. While public attention has largely been drawn to the MATOC, the Army, Navy, and the Defense Logistics Agency (“DLA”)-Energy have been pushing forward with specific procurements and requests for information at places like Fort Huachuca in Arizona, Fort Irwin in California, Fort Detrick in Maryland, and NAWS China Lake in California. 

California AB 327 Passes California Legislature; Heads to the Governor for Signature

Following several months of debate among ratepayer advocates, utilities and solar industry groups, California's Assembly Bill 327 ("AB 327") passed the California Assembly this week and now awaits Governor Brown’s signature.

This bill would effect policy reform in three major areas:

  1. The tiered rate structure for residential customers, generally, and the fixed charges assessed to customers of the California Alternate Rates for Energy ("CARE") program, in particular;
  2. Time-of-use pricing for residential customers; and
  3. The net metering programs for the three largest investor-owned utilities: Pacific Gas & Electric ("PG&E"), Southern California Edison ("SCE"), and San Diego Gas & Electric ("SDG&E").

Today we issued an alert that focuses on those provisions of AB 327 that would impact the net metering programs for PG&E, SCE and SDG&E.

Click here to read the alert.

Army Announces MATOC Awards for Wind Developers

On September 9, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force (“EITF”), issued the third round of awards under the multi-award task order contract for renewable and alternative energy (Solicitation Number W912DY-11-R-0036, the “MATOC”) issued last summer. The Army received 45 proposals for the wind technology segment of the MATOC, but only seventeen (17) Indefinite Delivery/Indefinite Quantity (“ID/IQ”) contracts were awarded, and only four (4) of those were awarded to small businesses (as defined in the solicitation).  While the 17 ID/IQ contracts do not authorize  the construction of any specific projects, they do give the contract recipients an exclusive right to bid on task order Requests for Proposals (“RFPs”) for wind projects that will be issued by individual installations under the MATOC.

These awards represent yet another step forward in launching  the Army’s $7 billion solicitation for privately-financed renewable energy projects. The awardees submitted proposals last October.  Since then, the EITF has been working diligently with industry participants on a standard form power purchase agreement- a form that is expected to  serve as the “standard” contract for a wide level of renewable energy procurements, including base-level RFPs. (Stoel Rives LLP attorneys, on behalf of clients and other industry stakeholders, have provided comments on an advanced version of the standard form.)   

The total number of wind-energy RFPs that will be issued under the MATOC is not known, but many in the industry expect the number to be small relative to the number of solar project proposals the Department of Defense will solicit. 

The first ID/IQ contracts were awarded to five geothermal developers on May 3, 2013, and the second round was awarded to twenty-two solar developers on August 28, 2013. No task orders for geothermal or solar projects have been issued under the MATOC umbrella to date. However, several solar RFPs and requests for statements of qualifications have been issued separately in recent months. While the Army has not announced awardees under the biomass portion of the MATOC, its press release in August stated that those awards will be announced by the end of this calendar year.

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Army Pre-Qualifies Solar Developers Under MATOC

On August 28, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force (“EITF”), issued a second round of awards under the multi-award task order contract for renewable and alternative energy that hit the streets last summer (Solicitation Number W912DY-11-R-0036, the “MATOC”). The number of awards is somewhat surprising, however, given the Army’s early-stated desire to qualify as many applicants as possible in each technology category. In total, there were 114 proposals submitted for the solar technology segment of the MATOC, but only twenty-two (22) Indefinite Delivery/Indefinite Quantity (“ID/IQ”) contracts were issued yesterday. Thus, the Army rejected more than 80% of the applicants. Of the awards the Army did make, only six (6) were to small businesses (as defined in the solicitation). 

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Upcoming Event: German-American Renewable Energies Business Breakfast Seminar - Portland, OR

Portland locals, please join our friends Germany Trade & Invest and the German American Chamber of Commerce, Inc. at the German-American Renewable Energies Business Breakfast Seminar on Tuesday, June 25 at the Heathman Hotel.

Over breakfast, German and American industry experts will give you insights on the current status, future trends and investment opportunities in the Oregon and German renewables market. You will also hear from local entrepreneurs who have successfully invested in Germany, particularly in Eastern Germany.

Germany is on the cutting edge of energy efficiency, and the German Federal Government will strengthen this position even further through the implementation of the Integrated Energy and Climate Program. Europe's largest market offers excellent investment opportunities especially in the segments of smart metering, insulation systems, insulated glazing, heating/cooling technologies, efficient home appliances, energy saving lamps, cogeneration systems, pumps, compressed air systems.

Discuss the newest policies with German and American energy experts and meet the representatives of the six Eastern German Federal States.

Click here for more information and registration.

Oregon Legislature Clarifies EFSC's Jurisdiction Over Solar Power Generation

This just in from my colleague Elaine Albrich:

Oregon's House Bill 2820 provides a much-needed clarification of the Energy Facility Siting Council's ("EFSC's") jurisdiction over the siting of solar photovoltaic (PV) power generation facilities.  Prior to the passage of HB 2820, the definition of “energy facility” provided two hooks for EFSC to assert jurisdiction over a solar power generation facility: (1) under ORS 469.300(11)(J), a solar facility could fall within EFSC’s jurisdiction if it had an average electric generating capacity of 35 megawatts (MW) or more (e.g., 105 MW nominal generating capacity) or (2) under ORS 469.300(11)(D), EFSC would have jurisdiction if the facility occupied more than 100 acres of land. 

The two definitions presented a potential problem for future solar development in Oregon, given that 105 MW seemed incredibly high and that 100 acres seemed restrictively low, especially if EFSC was going to interpret the statutory language of “solar collecting facility” as capturing not only solar thermal but also solar PV facilities. Although it has not been a problem in practice (because EFSC has yet to permit a solar facility), it is nice to see that the permitting pathway is clear for solar development here in Oregon.   

Under ORS 469.300(11), as amended by HB 2820, EFSC now has jurisdiction over the following solar facilities:

 

  • Solar thermal power plants;
  • Solar PV power generation facilities on 100 acres or more of high-value farmland;
  • Solar PV power generation facilities on 100 acres or more of land “predominately cultivated or … if not cultivated, … predominately composed of soils that are in the capability classes I to IV”; and
  • Solar PV power generation facilities on 320 acres or more of any other type of land.

If you have questions or would like to talk about siting a solar project here in Oregon, Elaine Albrich can be reached at (503) 294-9394 or via email at eralbrich@stoel.com.

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Obama Administration Releases National Ocean Policy Implementation Plan

Almost three years ago, I reported that  the White House Council on Environmental Quality had issued the Final Recommendations of the Interagency Ocean Policy Task Force.  Since that time, the Nation Ocean Council, formed by President Obama in Executive Order 13547, has been working diligently to prepare an agency roadmap to put the new National Ocean Policy into action.

On April 16, 2013, the National Ocean Council did just that when it published the National Ocean Policy Implementation Plan (the "Implementation Plan").  The Implementation Plan represents a significant step forward for the National Ocean Policy, and marine industries should be aware that the new interagency processes and actions it mandates – while not new law – may result in additional hurdles despite its express intent to streamline regulatory processes.  For a more detailed summary of the Implementation Plan, take a look at the Ocean Law Alert we published earlier this week and feel free to contact us with any questions you may have.

Older Entries

April 2, 2013 — Army Seeks Feedback on Standardized Performance Work Statement for Renewable Energy Projects

March 4, 2013 — Army to Seek Comments on Standardized Performance Work Statement for Renewable Energy Projects

January 15, 2013 — Fort Drum Biomass RFP Update

November 14, 2012 — Army Issues RFP for Solar PV at Fort Detrick

August 24, 2012 — Army Holds Pre-Proposal Conference in Huntsville on Renewable Energy Procurement

August 14, 2012 — Army RFP Pre-Proposal Conference Announced and Amendments Published

August 13, 2012 — OPT Receives 35-Year FERC License for Wave Energy Project in Oregon

August 7, 2012 — Army Issues Final RFP for $7 Billion in Renewable Energy Contracts

August 6, 2012 — UPDATE! Renewables Contracting with the U.S. Military

July 19, 2012 — El Paso Electric Seeks to Pre-Qualify Solar Developers for Project at U.S. Army's Fort Bliss

July 19, 2012 — BOEM and FERC Revise Guidelines for Wave and Ocean Current Technologies on the OCS

July 10, 2012 — Hydropower Regulatory Efficiency Act Unanimously Passes U.S. House

June 14, 2012 — DOE Releases Draft Guide for Private Financing of Large-Scale Renewable Energy Projects at Federal Facilities

May 29, 2012 — Project Financing and the U.S. Department of Defense

March 14, 2012 — FAQ on Army's $7 Billion Draft RFP for Renewable Energy

February 28, 2012 — Army Issues Draft RFP for $7 Billion in Renewable Energy Contracts

February 15, 2012 — CAISO Initiates Broad Cost Allocation Stakeholder Process

February 1, 2012 — New DOE Resource Assessments Nudge Wave and Tidal Energy Forward

January 23, 2012 — Verdant Power Receives First FERC Pilot Project License

December 16, 2011 — Hydropower Regulatory Efficiency Act of 2011 Introduced in the House of Representatives

December 5, 2011 — PIRP Changes Off the Agenda for December CAISO Board Meeting

September 27, 2011 — What's Happening in Small Hydro and Hydrokinetics?

July 27, 2011 — PNWER Annual Summit Hosts First Ocean Energy Panel and Moderated Forum

July 22, 2011 — FERC Issues Order No. 1000 on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities

July 13, 2011 — Recent RFPs for Renewable Energy

July 7, 2011 — U.S. Department of Energy Announces Interactive Tidal Energy Resource Map

May 12, 2011 — UPDATE: California Utilities Issue 2011 RFOs for Renewables

April 15, 2011 — 4th Annual Global Marine Renewable Energy Conference

April 12, 2011 — Montana Legislature Approves Wind Energy Rights Act; Mineral Estate Would Remain Dominant

April 8, 2011 — DOE and Interior Announce $26.6 Million for Hydropower R&D

March 22, 2011 — Idaho Legislature Halts Wind Moratorium

March 17, 2011 — Sen. Murkowski Introduces Bipartisan Hydropower Improvement Act

March 10, 2011 — Army Corps Proposes New Nationwide Permit for Offshore Wind and Hydrokinetic Pilot Projects

March 10, 2011 — BOEMRE Proposes to Streamline Leasing on the OCS

February 17, 2011 — DOE Approves Loan Guarantee for ON Line

February 8, 2011 — Idaho Temporarily Reduced the Availability of Published Avoided Cost Rates for Wind and Solar. Now What?

February 2, 2011 — Here Comes the Sun! PG&E Issues RFO for Solar PV

January 6, 2011 — Idaho QFs Petition FERC to Approve Sale of Unbundled RECs Into California

November 10, 2010 — Reclamation Issues Draft Resource Assessment of Existing Hyrdo Facilities

November 4, 2010 — PG&E Suspends WaveConnect Project

October 28, 2010 — WCGA Schedules Marine Spatial Planning Workshops

October 22, 2010 — REMINDER: Applications for SBIR and STTR Phase I Grants Due November 15th

September 9, 2010 — Maine Seeks to Assert Itself as Leader in Offshore Energy

September 7, 2010 — Colorado Signs MOU for Small Hydro Development with FERC

August 23, 2010 — Sen. Kerry's Energy Tax Bill Would Help Energy Storage Technologies

August 5, 2010 — DOE Designates New Southeast National Marine Renewable Energy Center

July 26, 2010 — Senators Propose Making Energy Storage Property Eligible for ITC & CREBs

July 22, 2010 — Interagency Ocean Policy Task Force Issues Final Recommendations

June 30, 2010 — DOI/DOE MOU for Offshore Renewable Energy Projects, Part 2

April 20, 2010 — U.S. DOE Releases Funding Opportunity Announcement for Marine and Hydrokinetic Technology Development

April 11, 2010 — REMINDER: Upcoming DOE Funding for Marine Hydrokinetics

March 24, 2010 — Department of Energy, Department of the Interior, and Army Corps of Engineers Sign Memorandum of Understanding for Hydropower

March 16, 2010 — Tradable RECs Now Count Toward California's RPS

March 11, 2010 — DOE Announces Upcoming Funding for Marine Hydrokinetics