Minnesota solar developer SolarStone Partners, LLC filed a Motion for Clarification of the Minnesota Public Utilities Commission’s September 2014 Order Approving Solar-Garden Plan with Modifications. Specifically, SolarStone is requesting clarification of the Commission’s interpretation of the requirement in the Community Solar Garden Statute that a project must be located within the utility’s service territory. One

The Solar Electric Power Association (SEPA) recently released a Community Solar Program Design Models report as part of a grant from the U.S. Department of Energy’s Solar Market Pathways program. The report is a resource for anyone interested in community solar, but is particularly useful to those involved in developing a community solar program in

Xcel Energy filed its monthly report for the Community Solar Garden program with the Public Utilities Commission last week, revealing that 24 projects are moving to the beginning stages of construction.

Xcel also reports that, “after receiving over 600 applications in the surge to submit co-located projects, the pace has slowed considerably.” There are currently

Last Friday, September 11, 2015 was the final day for California legislators to pass bills out of the Legislature and on to Governor Jerry Brown for consideration. This year’s crop of bills included something for both sides of the aisle on energy and climate change issues: from the proposed repeal of AB 32, the California law mandating greenhouse gas (GHG) emission reductions, to bills to set a higher GHG reduction target for 2050 and cut petroleum use in half, and from a proposed leap in the state renewable portfolio standard (RPS) to 50% and incentives for geothermal, biomethane, and alternative fuels, to the repeal of solar water heating loan incentives. Some big ticket items passed, most failed to pass out of the Legislature before the deadline and can be considered in 2016 during for the second half of the two-year California legislative session. Time for the post-mortem.
Continue Reading California Legislative Session Wrap-up

In a first-of-its-kind report announced this morning, Ceres and Clean Edge ranked the nation’s largest electric utilities and local subsidiaries on their renewable energy sales and energy efficiency savings. The report focused on three clean energy indicators: renewable energy sales; cumulative annual energy efficiency; and incremental annual energy efficiency.

Continue Reading New Report Ranks Power Utilities by Renewable Energy, Energy Efficiency Performance

Earlier this year, a group of Stoel Rives attorneys traveled to Mexico to assess existing opportunities and pending developments in the Mexican power markets.  Some of the reforms and key trends identified during that trip are now taking shape. See also my blog post “Let the Market Decide: The Third Wave of Energy Investment in Latin America and Caribbean.”

Our work in Mexico included meetings with existing clients, senior partners of a major Mexican law firm, a briefing with a senior Mexican policymaker regarding implementation of the reforms and attendance at the Mexican International Renewable Energy Conference.  Here are some key “take-aways” from these meetings:

  • A Mexican renewable energy market has been successfully launched, with more wind than solar developed to date.
  • A package of “secondary” laws implementing Mexico’s energy reform legislation are pending in the Mexican Congress.
  • The secondary laws will include some form of renewable portfolio standard (e.g., 30% by 2024) that relies on (among other elements) renewable energy certificates.
  • The secondary laws are also expected to launch a wholesale electricity market, a demand response market and other provisions designed to encourage distributed generation.
  • Solar module manufacturers and other stakeholders are concerned about the government’s decision to apply a 15% import tax on electrical “generators” to non-NAFTA solar modules. 

Continue Reading Businesses and Policymakers Confirm Mexican Energy Reforms Are Gaining Momentum

Late last week, the United States Dept. of Energy (“DOE”) Loan Program Office issued a final solicitation for projects seeking loan guarantees titled “Federal Loan Guarantees for Renewable Energy Projects and Efficient Energy Projects.”  Issued under the DOE’s Section 1703 Loan Program (named for Section 1703 of Title XVII of the Energy Policy Act of 2005), the Renewable and Efficient Energy Projects solicitation will make up to $2.5 billion in direct loan guarantees* available to “catalytic projects”- i.e., those that will push the commercial deployment of innovative technologies in future projects. Download a copy of the solicitation (PDF). 

We provide a checklist of project eligibility, program requirements and the loan guarantee application process below.Continue Reading Qualification and Application Checklist for New DOE Loan Guarantee Solicitation for Renewable Energy and Efficiency Projects

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 FERC Initiates Proposed Rulemaking Affecting Interconnection Facilities

If you are drafting a liquidated damages clause that applies Texas law, a decision today by the Supreme Court of Texas might encourage you to hire an oracle. Because if you negotiate a liquidated damages provision in a “second-look” state without using the power of divination, you may be surprised when a once-reasonable estimate of damages becomes unenforceable because of subsequent changes in the market.
Continue Reading Negotiating a Liquidated Damages Clause in Texas? Get Out Your Crystal Ball.