After years of uncertainty, the Wisconsin legislature allowed statewide wind energy siting rules to go into effect today. The new rules (known as “PSC 128”) require wind turbines to be located at least 1,250 feet from the nearest residence and at a distance 1.1 times the height of the wind turbine from the

On February 24, 2012, the U.S. Army Engineering & Support Center issued a draft request for proposals for renewable and alternative energy (the “Draft RFP”). Since posting our initial blog and Energy Law Alert, we have received a number of inquiries about the details of the solicitation. Below are answers to some of the most frequently asked questions.

Before we get to the questions, however, we wanted to remind everyone of the Climate Solutions event entitled “Mission Critical: Clean Energy and the U.S. Military” that will be held at 600 University Street in Seattle from 4:30 to 6:30 p.m. tomorrow. The event will be hosted by David Benson, an energy and clean tech partner in our Seattle office. We look forward to seeing you there.

Q1:      Is this the actual RFP?

            A1:      No. It is only a draft. The Draft RFP can be found here. The Army is accepting comments until March 21, 2012. Comments can be submitted via the ProjNet website here.

Q2:      When will the Army issue the final RFP and what form will it take?

            A2:      The Draft RFP does not set a date for release of the final RFP, which will take the form of a Multi-Award Task Order Contract (the “MATOC/Final RFP”). For those unfamiliar with the MATOC process, it is very important to understand four fundamental things: (1) the MATOC will not likely offer the opportunity to bid on any specific project (i.e., a “seed project”) because the Draft RFP covers multiple technologies, (2) the Army will grant multiple awards under the MATOC, (3) awards granted under the MATOC give awardees the right to bid on individual Task Order contracts issued by specific facilities for specific projects (e.g., a Task Order for a 10 MW solar PV project at Joint Base Lewis-McChord in Washington), (4) parties that are not awardees in the MATOC process may not bid on these Task Orders. Thus, a developer must be an awardee under the MATOC/Final RFP in order to have the right to bid on individual project development opportunities. Before issuing the MATOC/Final RFP, the Army will need to complete its review of all of the comments that it receives by the March 21 deadline. At some point after the MATOC/Final RFP is published, the Army will host a pre-proposal conference in Huntsville, Alabama where participants will hear presentations regarding the program, the scope of work, contractual considerations, and small-business considerations. 

Q3:      Is the Department of Defense really mandated to procure 25% of its electricity from renewable resources by 2025?Continue Reading FAQ on Army’s $7 Billion Draft RFP for Renewable Energy

The Bonneville Power Administration (BPA) is gearing up for spring with its revised Oversupply Management Protocol (OMP), submitted last week as a compliance filing in the Federal Energy Regulatory Commission (FERC) proceeding on BPA’s “Environmental Redispatch” policy. BPA’s compliance filing was submitted in response to FERC’s December 7, 2011 order holding that BPA’s Environmental Redispatch policy

On Friday February 24, 2012, the U.S. Army Engineering & Support Center in Huntsville, Alabama issued a draft request for proposals (Solicitation No. W912DY-11-R-0036, the “Draft RFP”) titled “Large Scale Renewable Energy Production for Federal Installations.” 

The objective of the solicitation, in its current form, is to procure renewable and alternative energy through power purchase

On Wednesday, February 22, the White House and the Department of Treasury issued a report entitled “The President’s Framework for Business Tax Reform.”  Among other proposals for reforming the way U.S. businesses are taxed, the report calls for a permanent extension of the Production Tax Credit (“PTC”) for renewable energy projects.  In addition, the President’s

A controversial bill that would would halt development of industrial wind farms in Idaho for two years narrowly made its was out of the House Local Government Committee by a vote of 6-5 and now goes to the full House.  The bill would kill any future wind development in Idaho (at least for two years), and may put the breaks

Yesterday, the California Independent System Operator Corp. (“CAISO”) issued a straw proposal entitled “Cost Allocation Guiding Principles.” The straw proposal kicks off a new stakeholder process designed to establish a set of guiding principles for cost allocation that can be applied throughout the CAISO’s various markets and services. 

As expected, the stakeholder community has been divided over how to address cost allocation. Recently, the CAISO has reviewed cost allocation issues in several initiatives impacting renewable energy generators in the CAISO balancing authority area, including the Renewable Integration: Market and Product Review Phase 1, the Renewable Integration: Market Vision and Roadmap, and the Flexible Ramping Product. The stakeholder comments in these initiatives and others provided the basis for the CAISO’s current straw proposal. The CAISO plans to apply this new set of guiding principles both new programs (starting with the ongoing Flexible Ramping Product initiative) and, later in 2012, existing programs (CAISO expects to make a broad-spectrum review of existing cost allocations to ensure consistency with the new guiding principles.

Read on for a summary of the guiding principles proposed by the CAISO yesterday, which are similar to the Federal Energy Regulatory Commission’s cost causation principles in Order No. 1000:Continue Reading CAISO Initiates Broad Cost Allocation Stakeholder Process

The Bonneville Power Administration (“BPA”) made headlines this week with the release of its Draft Oversupply Management Protocol (the “Draft Oversupply Protocol”). BPA’s Draft Oversupply Protocol is intended to address concerns raised by BPA’s Environmental Redispatch (“ER”) policy of curtailing wind generation without compensation during periods of high water. Back in December, in response to a complaint