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The U.S. Treasury Department today released on its website additional guidance regarding the "begin construction" requirement for qualifying for the 30% ARRA cash grant. To qualify for the grant, a project either must be placed in service in 2009 or 2010 or, if construction begins on or before December 31, 2010, must be placed in…

From our colleagues Beverly Pearman and Jeremy Sacks:

Massachusetts Department of Public Utilities (“DPU”) has modified the two programs challenged by TransCanada Power Marketing Ltd. (“TransCanada”) in a federal law suit. TransCanada filed its complaint on April 16, 2010, alleging that portions of the Green Communities Act that were intended to increase in-state renewable energy resources were unconstitutional because they favor Massachusetts producers in violation of the Commerce Clause. The Commerce Clause generally prohibits states from enacting laws that burden out-of-state businesses in order to give a competitive advantage to in-state businesses.

The first modification came in early June as a result of settlement negotiations. Massachusetts modified the Solar Carve-Out program to grandfather in rates for Alternative Compliance Payments (“ACP”) that were contractually committed or renewed before January 1, 2010. ACP are paid by electric companies that do not hold the required amount of Solar Renewable Energy Credits (“SRECs”) that must be produced only by facilities located in Massachusetts. In exchange for this rule change, TransCanada dismissed its claims challenging the Solar Carve Out on June 9, 2010, but continued to press forward with its Commerce Clause challenge to a Request for Proposals for Long-Term Contracts for Renewable Energy Projects (the “RFP”) issued by the Massachusetts Department of Energy Resources (“DOER”) this year.Continue Reading Massachusetts Suspends In-State Requirement for Renewable Energy Generation and Modifies Solar Carve Out

The Race to Solar: Who’s In It to Win It?
Tuesday, June 22, 2pm ET

Shift Worldwide’s panel of industry and investment experts, including Stoel Rives’s Greg Jenner will discuss the Race to Solar between the US and China in an interactive, 60-minute virtual panel (vPanel) discussion. Topics include international markets, investor advisories, the competitive…

The National Renewable Energy Laboratory ("NREL") recently announced the release of the "Western Wind and Solar Integration Study"  (the "WWSIS"), which investigated the operational impact of up to 35% energy penetration of wind, photovoltaic, and concentrating solar power on the power system operated by the WestConnect group of utilities in Arizona, Colorado, Nevada, New Mexico and Wyoming.  The WestConnect group includes the following:  Arizona Public Service, El Paso Electric Co., NV Energy, Public Service of New Mexico, Salt River Project, Tri-State Generation and Transmission Cooperative, Tucson Electric Power, Western Area Power Administration, and Xcel Energy.

The WWSIS was prepared by GE Energy and conducted over two and a half years by a team or researchers in wind power, solar power, and utility operations.   The WWSIS was designed to answer questions that utilities, Public Utility Commissions, developers, and regional planning organizations had about renewable energy use in the West, such as:

  • What is the operating impact of up to 35% renewable energy penetration and how can this be accommodated?
  • How does geographic diversity help to mitigate variability?
  • How do local resources compare to remote, higher quality resources delivered by long distance transmission?
  • Can balancing area cooperation mitigate variability?
  • How should reserve requirements be modified to account for the variability in wind and solar?
  • What is the benefit of integrating wind and solar forecasting into grid operations?
  • How can hydro generation help with integration of renewables?

Continue Reading Release of the “Western Wind and Solar Integration Study”

The Washington State Department of Commerce (formerly the Department of Community, Trade and Economic Development or CTED) has announced that it is attempting to revise Washington’s comprehensive energy plan (the “State Energy Strategy”). 

The State Energy Strategy was last revised in 2003, and it does not serve current energy realities and forecasts. Therefore, the Washington State Legislature has tasked the Department of Commerce with updating the State Energy Strategy while taking account the following three goals and nine principles:Continue Reading Washington Revising its State Energy Strategy

The California Public Utilities Commission ("CPUC") has given the green light to a five-year solar photovoltaic program to develop up to 500 MW of solar PV facilities in Pacific Gas and Electric Co.’s ("PG&E") service area.

The program is designed to allow PG&E and third parties to develop PV facilities:

  • Under the utility-owned part of the program, PG&E may install

…

On March 12, 2010, the Arizona Game and Fish Department ("AGFD") released finalized guidelines for solar development in Arizona ("Solar Guidelines"), the objective of which "is to assist energy developers in identifying potential impacts to wildlife and wildlife habitats from their proposed development and potential alternatives to avoid, minimize, and/or mitigate for these negative impacts."  The AGFD encourages local governments and permitting authorities to integrate the recommended study proposals described in the Solar Guidelines.  The document is organized around five basic project development steps:

  1. Wildlife Protection Regulations
  2. AGFD Regulations and Review
  3. Gather preliminary information and conduct site screening
  4. Identify potential impacts to wildlife
  5. Mitigation

The Solar Guidelines were compiled by the AGFD employees and have not undergone any external public review or input from the solar energy industry.  It should be noted that some of the information contained in the Solar Guidelines was taken from the AGFD’s wind guidelines.  In light of the fact that county officials often defer to the AGFD in matters of wildlife concerns, special attention should be given to the section of the Solar Guidelines focused on "Avoiding or Minimizing Impacts" and the recommendations contained therein.Continue Reading Solar Development Guidelines Released by Arizona Game and Fish Department