Check out our article on the new eagle permit rule in Law360, Wind Energy Operators Need Eagle Eyes for New "Take" Permit Rules (full article available here). We are also conducting a webinar on the topic on January 13, 2014. The registration deadline is tomorrow.
SDG&E Issues Renewables RFO
On December 16, 2013, San Diego Gas & Electric Company (SDG&E) issued its 2013 Request for Offers ("RFO") seeking Eligible Renewable Resources. This solicitation will facilitate SDG&E’s compliance with California’s Renewables Portfolio Standard (“RPS”).
The solicitation seeks Eligible Renewable Resources from all types of renewable technologies providing both Renewable Energy Credits (“RECs”) and Energy (“Bundled…
USFWS Extends Eagle Permits to 30 Years
Today the U.S. Fish and Wildlife Service issued for public inspection its final rule to extend the maximum term for programmatic “take” permits under the Bald and Golden Eagle Protection Act to 30 years, subject to a recurring five-year review process throughout the permit life. The final rule will be published in the Federal Register…
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…
Bald and Golden Eagle Protection Act Compliance: A “New Normal”?
As we discussed in this alert, the U.S. Fish and Wildlife Service (FWS) released its final Eagle Conservation Plan Guidance (ECP Guidance) on April 26, 2013. Intended to promote compliance with the Bald and Golden Eagle Protection Act (BGEPA) for wind development projects that have the potential to affect bald and golden eagles, the…
Xcel Plans 600 Megawatts of New Wind Power
Xcel Energy, the nation’s leading wind power utility, announced yesterday that it will add three large wind farms to its wind energy portfolio. The 600 megawatt increase is the utility’s single largest increase in its Upper Midwest service area.
The 33 percent increase will augment Xcel’s existing 1,800 megawatts of wind capacity and allow it…
7th Circuit Affirms FERC’s Decision on Multi-Value Projects, Relying Heavily on Policy of Promoting Wind Development
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…
IRS Issues Clarification Regarding “Binding Written Contract” in its “Start of Construction” Guidance for PTC or ITC Energy Credits
As we originally noted, the IRS guidance issued April 15 regarding the "start of construction" requirement for energy projects to qualify for PTC or ITC contained a "big surprise" regarding its definition of a binding contract. Unlike previous incentive programs, the guidance provided that contracts that limit damages to a specified amount, such as…
Army Seeks Feedback on Standardized Performance Work Statement for Renewable Energy Projects
On April 1, 2013, the Army Energy Initiatives Task Force (“EITF”) and the U.S. Army Mission and Installation Contracting Command at Fort Sam Houston in Texas published a template Renewable Energy Service Agreement Performance Work Statement (the “PWS”) for comment by interested stakeholders.
The proposed scope of the PWS is broad, covering everything from insurance…
South Dakota Aims to Increase Development of Wind Power
…