American Wind Energy Association (AWEA) has also issued a similar statement.  http://awea.org/newsroom/pdf/08-27-10-Wind_and_emissions_response.pdf.

CNNMoney.com ran an article earlier this week noting that the wind industry now outstrips the coal mining industry in number of workers.  The article, “Wind Jobs Outstrips Coal,” noted that the coal mining and extraction industry employs about 81,000 workers. According to a 2007 U.S. Department of Energy report cited in the article, these numbers have been steady in recent years, but are down nearly 50% since 1986. Estimates for the total direct employment in the U.S. coal industry range from 136,000 to 174,000 workers, and includes those who mine coal, haul it by rail, barge and truck, and who operate and maintain coal-fired power plants. Thus, the solar and wind energy sectors have quickly caught up the coal industry in terms of overall employment and will soon surpass the coal industry in total employment.

These facts demonstrate the potential of renewable energy to lead the country’s economic recovery when you consider that renewable energy currently supplies a tiny portion of the nation’s electricity supply—about 3 percent—compared to coal, which supplies about 50 percent of our electricity.

The California Public Utility Commission issued a draft decision on October 29th authorizing the use of unbundled and tradable renewable energy certificates (“RECs” or “TRECs”) for compliance with California’s RPS. 

The key issues before the OPUC were (i) whether a utility customer was eligible for net-metering under this arrangement and (ii) whether the third-party owner of the solar facility was subject to regulation by the Commission, either as an Energy Service Supplier (ESS) or as a “public utility” under state law. 

In its Order, the Commission concluded that utility customers were still eligible for net metering service even if the net-metered facility was owned by (or leased from) a third party.

On the question of whether the third–party owner of a net-metering facility was required to register as an ESS under Oregon’s direct access law, the Commission ruled that a third-party owner was not an ESS. The Commission reasoned that the facility owner was not using the utility’s distribution system and was thus not providing electricity services under “direct access.” This ruling was important to renewable energy providers because at least one existing utility direct access tariff requires an ESS to supply 100 percent of a customer’s load. 

As to the question of whether the third-party owner was a “public utility” under state law, the Commission clarified that a third-party owner of a wind or solar-powered net metering facility is not a “public utility.” However, the Commission noted that “[w]ithout a change in the existing legislation” (hint, hint) a net-metered facility that generates electricity from a source other than solar or wind would likely be deemed a “public utility.” Finally, the Commission ruled that the owner of the net-metering facility is entitled to the renewable energy credits (RECs) associated with the output of the facility.    

You can link to the decision here:

http://apps.puc.state.or.us/edockets/orders.asp?ordernumber=08-388

For reasons ranging from concern about global warming and the environment to economic growth, jobs, and national security, renewable energy has evolved into a major industry. Globally, renewable energy was a $148 billion business in 2007. In addition to renewable energy, emerging climate policy is shaping up to be one of the most important economic forces in our time. As of this writing, all three U.S. presidential candidates are in favor of some form of carbon cap and trade program at the federal level. At the state level, California has already adopted economywide caps on greenhouse gas emissions and other western states are pursuing a similar program through the Western Climate Initiative. Together, the western states are leading the nation in the development of cap and trade policies. Climate policy, in turn, will spur greater demand for renewable energy, energy efficiency, green building, carbon offset projects and other cleantech applications. 

From Seattle to San Diego, from Portland to Minneapolis, and from Boise to Salt Lake City to Sacramento, Stoel Rives has offices with lawyers working on renewable energy projects. Providing valuable advice to clients requires us to keep abreast of renewable energy and climate policy developments to place those novel legal questions into a larger context. Renewable + Law^SM lets us share with you our passion for solar energy, wind energy, biofuels, ocean and hydrokinetic energy, biomass, waste-to-energy, geothermal and other clean technologies.  

Thank you for your interest. We hope that you enjoy Renewable + Law!^SM

STEPHEN HALL

Learn more about Stoel Rives and our national legal practice devoted to renewable energy. You may also have an interest in our complimentary books on various legal issues involved with developing various renewable energy projects.