The deadline for public comments on petitions seeking a waiver of the Renewable Fuel Standard (RFS) expired last night on October 11, 2012. The Governors of Arkansas and North Carolina had submitted separate requests, in letters dated August 13, 2012 and August 14, 2012, asking for a waiver of RFS volume requirements. Under Section 211(o)(7)(A) of the Clean Air Act, the Administrator of the EPA is permitted to waive national volume requirements of the RFS in whole or in part if implementation of those requirements would severely harm the economy or environment of a state, a region, or the United States, or if the Administrator determines there is an inadequate domestic supply of renewable fuel. Such a waiver may either be triggered through petition by one or more States, a party subject to RFS program requirements, or at the Administrator’s own motion. If a waiver is granted, it can last no longer than one year, but may be renewed by the Administrator after consultation with the Secretary of Agriculture and the Secretary of Energy.Continue Reading Comment Period Closes for RFS Waiver Request: EPA Receives Nearly 30K Public Comments
PG&E Announces Energy Storage RFI
California’s Pacific Gas and Electric Company (“PG&E”) announced today that it plans to issue an Energy Storage Request for Information (“RFI”) to obtain information on utility-scale, dispatchable, and operationally flexible storage resources through a solicitation of interest from technology providers, owners, and developers of energy storage resources. PG&E said that it plans to issue the…
Governor Brown Signs Three Biogas Bills Into Law
Here’s a California law update from my partner Wayne Rosenbaum in San Diego:
The California legislature continues to emphasize the importance of renewable energy for the State’s environment and economy. Of the renewable energy bills passed by the legislature and signed by the Governor this year, three of them focused on biogas. Some of the…
Maine Not Yet Leaders in U.S. Offshore Wind
On Thursday, October 4, the Maine Public Utilities Commission (“PUC”) unanimously voted to table action on Statoil North America’s proposal to moor four floating wind turbines off the coast of Maine. Statoil North America, a division of Norway’s Statoil ASA, proposed the 12-megawatt pilot project in response to the PUC’s September 2010 request for proposals…
Utah PSC Approves 60 MW of New Distributed Solar PV in Utah
My colleagues Laura Suesser and Julia Pettit reported on a significant victory for solar development prospects in Utah.
On October 1, 2012, the Public Service Commission of Utah approved Rocky Mountain Power’s Solar Incentive Program, which will support 60 MW of new distributed solar PV resources in Utah over the next five years (2013-2017).
The…
Video Interview: Discussing the Obama-Blocked Chinese Wind Energy Project with LXBN TV
Following up on our posts on the subject, I had the chance to speak with Colin O’Keefe of LXBN regarding President Obama’s blocking of a Chinese-owned wind energy project out of concerns for national security. In the brief interview, I explained what exactly happened and whether or not the companies involved have any kind of legal recourse.
https://youtube.com/watch?v=Bp0_kI6w4DI%3Fversion%3D3%26hl%3Den_US
Ralls Corp. Challenges Presidential Order Blocking Chinese-Owned Wind Projects
From my colleagues Alexandra Mertens and CJ Voss.
Ralls Corp. (“Ralls”), a company owned by two Chinese nationals and affiliated with the Sany Group, a global heavy manufacturing company (“Sany”), amended its lawsuit on Monday in an effort to overturn President Obama’s executive order requiring Ralls to divest itself of four 10 megawatt wind…
200 Million Reasons Why Waivers of Subrogation Matter
When negotiating contracts with a client, sometimes their eyes roll when we come to the section on insurance, particularly that awkward phrase, “waiver of subrogation.” What is subrogation and what does it mean to waive it? Simply put, subrogation is the right of a party, typically an insurance company, to pay a loss then sue the party…
Obama Blocks Chinese-Owned Wind Project
President Obama issued an order on Friday blocking the construction and ownership of a wind project by Ralls Corporation (“Ralls”), due to national security concerns including “credible evidence” that Ralls or its affiliates, including the Sany Group (“Sany”), “might take action that threatens to impair the national security of the United States.” Ralls was in…
KenGen Issues Invitation to Geothermal Developers
The Kenya Electricity Generating Company (KenGen) has issued an invitation for pre-qualification for selection of developers for a 560 megawatt geothermal project pipeline. The government of Kenya has granted KenGen a license to develop geothermal power plants in the Olkaria geothermal field located in the Rift Valley in Kenya. KenGen is embarking on a program to…