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). Continue Reading Army Pre-Qualifies Solar Developers Under MATOC

As most of you are aware, Congress in the "American Taxpayer Relief Act of 2012" eliminated the "placed in service" deadline for purposes of the renewable energy tax credits.  In its place, Congress required for purposes of the production tax credit (section 45) and the elective investment tax credit (section 48), that taxpayers "begin construction"…

The Long Island Power Authority (LIPA) recently announced its Clean Solar Initiative Feed-In Tariff-II (FIT-II), a feed-in tariff program for solar projects between 100 kW and 2 MW in size and located in LIPA’s service territory. FIT-II is currently open for public comment, and will be effective only upon formal approval by the LIPA Board of Trustees.

FIT-II is capped at 100 MW, and follows the first version of the Clean Solar Initiative Feed-In Tariff (FIT-I). Unlike FIT-I, projects will not be selected for participation in FIT-II on a first-come, first-served basis. Instead, all applications submitted within the application period will be evaluated; those that pass a preliminary screening process of technical and administrative review will be eligible for further consideration under a Clearing Price Auction mechanism.Continue Reading Long Island Power Authority Announces New And Expanded Clean Solar Initiative Feed-In Tariff Program

I recently co-chaired an American Bar Association/American Council on Renewable Energy (ACORE) webinar on SmartGrid and Microgrid technologies. For my inaugural blog post on Renewable + Law, I wanted to share the brief remarks that I made at this July 17, 2013, webinar regarding the importance of both technologies to our evolving 21st Century energy sector: In setting the stage for the presentations, I put forth two propositions, which may be provocative, but highlight the importance of the topic: Continue Reading SmartGrid/MicroGrid: Transformative Technology for Today’s Energy Markets

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…

On July 8, 2013, Xcel Energy Inc., submitted a filing with the SEC detailing an Administrative Law Judge’s decision in a pending electric rate case in Minnesota and calculating the decision’s impact on one of its subsidiaries. In November 2012, Northern States Power Company (NSP), a wholly owned subsidiary of Xcel Energy Inc., petitioned the Minnesota…

Last November, the Minnesota Public Utilities Commission approved Xcel Energy’s 2011-2025 Integrated Resource Plan and established various compliance filing requirements and deadlines. Pursuant to that November 2012 Order, the Commission directed Xcel to conduct a Life Cycle Management Study (“LCM Study”) examining the feasibility and cost-effectiveness of continuing to operate, retrofitting, or retiring Sherburne County…

Today President Obama released his Climate Action Plan and highlighted the key components of the Plan at a speech at Georgetown University. The Plan has three primary goals: (i) cutting greenhouse gas (GHG) emissions in the U.S., (ii) preparing the United States for the effects of climate change, and (iii) leading international efforts to mitigate climate change. During his speech, President Obama listed three measures to address the first two goals: use more clean energy, waste less energy, and cut carbon emissions. The Plan includes some important new directives from the President, it incorporates some initiatives that are already underway and outlines some of the Administration’s intentions, without providing hard timelines or goals. 

The Climate Action Plan is limited to initiatives that the President can implement without Congressional approval.  Nevertheless, it has the potential to significantly affect a broad range of energy sector interests.  A summary of the Plan’s key components follows. 

Using more clean energy:

  • The Interior Department is directed to support deployment of 10,000 MW of renewable energy on public lands by 2020. 
  • The Department of Defense (DoD) is directed to build 3,000 MW of renewable energy at military installations by 2025.
  • Federal agencies will aim to install 100 MW of rooftop solar on federally-subsidized housing by 2020.
  • The federal government commits to obtain 20% of its electricity from renewable sources by 2020.
  • The Red Rock Hydroelectric Plant, on the Des Moines River in Iowa, will be placed on the federal Infrastructure "Permitting Dashboard" for high-priority projects.
  • Federal agencies will streamline the siting, permitting, and review process for transmission projects.
  • The U.S. will seek a global agreement in the World Trade Organization modeled after the 2011 agreement among 21 Asia-Pacific Economic Cooperation economies to reduce tariffs to 5% or less by 2015 on 54 environmental goods, including solar panels and wind turbines.
  • The FY2014 budget will include $7.9 billion for clean energy research and development.
  • The Department of Agriculture’s Rural Energy for America program will provide renewable energy and energy efficiency grants and loan guarantees directly to agricultural producers and rural small business.
  • Natural gas will continue to be relied upon as a “transition fuel” while America works to develop an “even cleaner” energy economy.

Continue Reading President Obama Unveils Climate Action Plan