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

 The United States Court of Appeals for the Seventh Circuit recently issued a decision in Illinois Commerce Commission, et al., v. Federal Energy Regulatory Commission (“FERC”), which has the potential to influence and provide direction for the federal district court currently considering the constitutionality of Minnesota’s Next Generation Energy Act (“NGEA”).  In Illinois

From my colleague, Andrew Moratzka:

On June 7th, 2013, the United States Court of Appeals for the Seventh Circuit issued an opinion in Illinois Commerce Commission, et al., v. Federal Energy Regulatory Commission, affirming the Federal Energy Regulatory Commission’s approval of the Midcontinent Independent System Operator, Inc. (MISO) Multi-Value Project (MVP) tariff for

See my colleague Wayne Rosenbaum‘s recent post on the question of how failed solar panels could be treated under federal and California waste laws:

Recently the New York Times published an article highlighting the high rate of solar panel failures well before their expected life times.  While the article focused on the question of product liability, it raises another question.  How does the law, particularly waste laws, define a solar panel that is no longer fit for its original intended use or purpose?

Under current federal and California law, the manufacturer of a non-functioning solar panel does not have an obligation to take back panels at the end of life as it does under the EU WEEE Directive.  However, it is likely that this will change as the US PV market matures and more arrays approach end of life or fail.  Panel manufactures are encouraged to monitor this issue and potentially to participate in contingency planning or rulemaking. 

 

Regarding the disposal of defective panels, once an entity takes title to the panel it becomes the owner of that panel. This includes lenders who take title through foreclosure.   As such, the owner becomes responsible for the panel’s proper handling and disposal.  This requirement raises the question:  Once the owner takes possession what will it do with the panel or its components at the end of their useful life?

 Continue Reading Failed Solar Cell Could Be Hazardous to More Than the Owner’s Bottom Line

The California Public Utilities Commission has adopted Decision 13-05-034, approving PG&E, SCE, and SDG&E’s joint standard contract for California’s expanded feed-in tariff (FiT) program. D.13-05-034 also revises several provisions of the FiT tariff and addresses two petitions to modify D.12-05-035, the Commission’s previous decision implementing the expanded FiT. The most recent legislation affecting the FiT, SB 1122 (2012), directing the utilities to procure 250 MW from bioenergy projects, is not addressed in D.13-05-034, but will be implemented in a later decision.

Barring any delays in finalizing the contract and tariff revisions ordered in D.13-05-034, the utilities will begin accepting Program Participation Requests for the new FiT on October 1, 2013 and the first bi-monthly FiT program period will commence November 1, 2013.

For details on changes to the FiT approved in D.13-05-034, and requests for modification rejected by the Commission, read on.Continue Reading CPUC Approves Standard Contract for New California Feed-In Tariff

Voting is underway for the 2013 Hottest Partners in Biofuels and BioBased Products, a poll conducted by our friend Jim Lane of Biofuels Digest. Poll categories include:

  • Distributors
  • Engineering, procurement & construction
  • Enzymes, yeasts & sugars
  • Feedstocks (energy crops)
  • Feedstocks (gases and residues)
  • Finance (early-stage)
  • Finance (commercialization)
  • Lab services
  • Pretreatment systems
  • Professional counselors