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On March 11, 2010, I posted a blog about the U.S. Department of Energy’s (the "DOE") upcoming Funding Opportunity Announcement ("FOA") for hydrokinetic technology development.  The DOE issued a Notice of Intent announcing the FOA earlier that week.  To access the Notice of Intent, click here, and enter "hydrokinetic" in the search field. 

The DOE was expected…

On March 24, 2010, three federal agencies announced a Memorandum of Understanding for Hydropower (the “MOU”) that impacts developers of traditional hydropower, hydrokinetic, pumped storage, and small-scale hydropower facilities. The Department of Energy (“DOE”), the Department of the Interior (“DOI”), and the Department of the Army, through the U.S. Army Corps of Engineers (“USACE”) (collectively, the…

On December 7, 2009, Energy Secretary Steven Chu announced the issuance of a final rule amending the October, 2007 Final Regulations implementing the Loan Guarantee Program under Section 1703 of Title XVII of the Energy Policy Act of 2005 (the "Section 1703 Program").  The amendments implemented through the final rule were first identified in a Notice of Proposed Rulemaking and Opportunity for Comment  issued by the Department of Energy ("DOE") on August 7, 2009.  The comment period for the proposed amendments ended on September 22, 2009; the comments received by the DOE from the industry and other interested parties were largely supportive of the proposed amendments.

In a nutshell, the amendments to the regulations outlined in the final rule are designed to:

  • provide flexibility in the determination of an appropriate collateral package to secure the guaranteed loan obligations;
  • eliminate the requirement that the Secretary receive a first priority lien on all project assets as a condition for obtaining the loan guarantee;
  • facilitate collateral sharing and related intercreditor arrangements with other project lenders; and
  • provide a more workable interpretation of certain statutory provisions regarding DOE’s treatment of collateral that is more consistent with the intent and purposes of Title XVII.

Continue Reading U.S. Department of Energy Announces Final Rule Amending Regulations for Loan Guarantee Program

On Friday August 28, Eric Lindeman of The Energy Daily will be moderating a webinar about "Advanced Biofuels: What Are the Commercial Possibilities?  Why All the Interest in Algae?"  My partner, the always-entertaining John Eustermann, will be speaking at the Webinar along with Connie Lausten (VP, Regulatory and Legislative Affairs, New Generation Biofuels (NGBF))…

On August 14, 2009, the Department of Energy ("DOE") State Energy Program ("SEP") announced that more than $119 million in funding from the Recovery Act to support energy efficiency and renewable energy projects has been awarded to Alabama, American Samoa, the District of Columbia, Illinois, Maryland, North Dakota and Wyoming.

Here is a summary of how the monies will be used by each of the states and territories:

  • Alabama has been awarded $22,228,000 in federal stimulus funds.  Alabama will utilize the Recovery Act  SEP funding to promote energy efficiency of businesses (with a particular focus on the automotive supplier industry), schools, and correctional facilities and the development of renewable energy resources in the state.  The state will also use funds to create a new "energy revolving loan fund" to stimulate the creation and retention of jobs and increase the generation of renewable energy by providing low-interest loans for new and existing industries in the state.  The loans will be used for the installation of renewable energy systems and the implementation of energy efficiency measures.  After demonstrating successful implementation of its plan, Alabama will receive nearly $28 million in additional funding, for a total of more than $55 million.  Click here for more information regarding Alabama’s state energy program and use of Recovery Act funds.
  • American Samoa was awarded $7,420,000 in federal stimulus funds.  American Samoa will utilize the Recovery Act SEP funding to expand the use of renewable energy across the territory, as well as to supplement weatherization funds to improve home energy efficiency for low-income residents.  Specifically, the territory will install a 1,000 kW photovoltaic solar-energy array near the Tafuna Power Station, 19 smaller 28 kW solar arrays on the roofs of government and other buildings, and a solar water heating system at the LBJ Tropical Medical Center.  American Samoa is also interested in expanding its use of wind power, and will use Recovery Act funds to set up eight anemometers to measure and quantify the territory’s wind potential.  After demonstrating successful implementation of its plan, the territory will receive more than $9 million in additional funding, for a total of $18 million.

Continue Reading Show Me the Money: State Energy Programs for Seven States and Territories Awarded $119 Million from the American Recovery and Reinvestment Act (“Recovery Act”)

Last week DOE released a new funding opportunity announcement for up to $480 million for pilot-scale and demonstration-scale integrated biorefinery projects. An integrated biorefinery uses an “acceptable feedstock” to produce a biofuel or bioproduct as the “primary product.” Acceptable feedstocks include:

  • Algae
  • Certain woody biomass
  • Renewable plant materials so long as it is not generally intended for use

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Last year, we reported on Utah Public Service Commission decisions regarding the need for the Milford Wind Power Project to obtain a certificate of convenience and necessity. Ultimately, the Commission ruled that the Project’s 90-mile transmission line connecting the wind farm to a point of interconnection at the Intermountain Power Project generating station was not…

Congressional leaders have just announced that they have reached an agreement on the details of a stimulus package.  The details have yet to be announced, other than the total cost of the bill is estimated to be $789 billion.  That amount is less than either the House or Senate bill.

We will post details as…