As we discussed in this post from May 2014, the American Bird Conservancy (“ABC”) in 2014 filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (“USFWS”) 2013 revisions to its eagle permit rule, alleging violations of the National Environmental Policy Act (“NEPA”) and the Endangered Species Act (“ESA”). ABC’s challenge related to the revised … Continue Reading
Hi there, this is Jon Wellinghoff, former FERC chair and current Stoel Rives partner. I’m pleased to announce that effective today I have joined the Stoel Rives Renewable + Law blogger team. We thought it would be useful to share with you blog readers some of my thinking and writing on the topic of energy … Continue Reading
In a long-anticipated move, the U.S. Fish and Wildlife Service (“Service”)has published a final listing decision and interim rule on the northern long-eared bat. The Service listed the northern long-eared bat as threatened under the Endangered Species Act (“ESA”), and, rather than publishing a final 4(d) rule, opted to publish an interim 4(d) rule and … Continue Reading
On Friday, June 20, 2014, the U.S. Fish and Wildlife Service (“Service”) announced its plans to engage the public in a review of how permits are issued for the non-purposeful take of bald and golden eagles under the Bald and Golden Eagle Protection Act (“Eagle Act”). This process is a continuation of the Advanced Notice … Continue Reading
FERC issues a proposed rulemaking that impacts the owners of gen-tie lines, and the rulemaking is particularly important to renewable energy developers who are interested in maintaining priority to gen-tie capacity for multi-phase projects.… Continue Reading
On April 30, 2014, the American Bird Conservancy (“ABC”) sent a Notice of Intent to Sue (“Notice”) to Secretary of the Interior Sally Jewell and Director of the U.S. Fish and Wildlife Service (“Service’) Dan Ashe, alleging violations of the National Environmental Policy Act (“NEPA”), the Endangered Species Act (“ESA”), and the Bald and Golden … Continue Reading
The East Kern Wind Resource Area (EKWRA)–it’s a mouthful–and it’s also a hotbed for renewable energy development and the location of a fight over millions of dollars among Southern California Edison (SCE), the California ISO, and independent power developers (IPPs). Late last week, the Federal Energy Regulatory Commission (FERC) scored that fight in favor of … Continue Reading
Ameren is dusting off a discriminatory method for interconnection customers to fund network upgrades in the Midcontinent ISO region, using two past victories in support of its campaign. But there are key differences between this dispute and those before it, and FERC should deny Ameren's latest attempt to breathe life into the Option 1 funding that met its fate years ago.… Continue Reading
Ralls Corp., a privately-held company owned by executives of the China-based heavy machinery manufacturing conglomerate Sany Group, recently filed an appeal in its ongoing effort to avoid President Obama’s order requiring the company to divest itself of its interest in four wind farms in Oregon. We have previously reported on the order, which was issued … Continue Reading
Like other Independent System Operators have done before it, the Southwest Power Pool (SPP) is back at the drawing board in an effort to further refine its generator interconnection procedures and improve on queue reforms initially put in place in 2009. And also like other ISOs that have continued to tinker with queue reform, SPP … Continue Reading
We last reported to you about Committee on Foreign Investment in the United States (CFIUS) activities in connection with the Ralls Corporation case. CFIUS is a multi-agency U.S. government committee charged with reviewing foreign acquisitions of U.S. businesses for national security implications The committee recently released its unclassified Annual Report to Congress for 2013 regarding … Continue Reading
In agreeing to dismiss an historic effort to enforce PURPA, the Federal Energy Regulatory Commission left a lump of coal for Qualifying Facility wind developers in Idaho. The agreement represents an apparent policy change at FERC, as well as a complete win for the Idaho PUC.… Continue Reading
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.… Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 ECP … Continue Reading
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 … Continue Reading
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 financing new … Continue Reading
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 by … Continue Reading
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 … Continue Reading
South Dakota’s gusty plains are well known for their pheasant hunting potential. Indeed, one is much more likely to see a pheasant utilizing the breeze to sail out of harm’s way than a turbine harnessing the wind to power a home or business. Despite ranking in the top five states for best wind resources, South … Continue Reading
On February 12, 2013, the U.S. Army Contracting Command announced that the Army Energy Initiatives Task Force ("EITF") is developing a standardized Utility Service Contract Performance Work Statement ("PWS") to be used for contracts executed under its long-term power procurement authority (10 U.S.C. 2922a). The intent is to have a PWS that is clear and understandable to both the … Continue Reading
There has been a new development in the effort by Ralls Corporation, a company owned by two Chinese nationals, to challenge President Obama’s September 2012 order requiring it to divest its interests in four wind projects in Oregon and to remove any equipment and infrastructure it had placed on the sites of the proposed projects. … Continue Reading
