Global Power Law & Policy | Legal and policy developments affecting the global power industry.

Financing the Renewable Hydrogen Revolution

Apr 28 2023

A supplement to The H₂ Handbook, United States

Risk in the hydrogen industry spans multiple areas, from feedstock and power supply to offtake and transportation. Understanding the regulatory, tax, and practical considerations of hydrogen projects, particularly green hydrogen, is essential for formulating an investment strategy for renewable hydrogen.

A supplement to the United States section of The H₂ Handbook, this new guide offers insights to mitigating risk for projects in the United States, including the new and updated US federal income tax credits provisions of the Inflation Reduction Act.

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From IP Law Watch: H2 PRODUCTION: A SHIFT TOWARDS ELECTROLYSIS

Mar 30 2023

Hydrogen production technology, according to the joint EPO-IEA report summarizing patent trends in the hydrogen economy (summarized here), accounts for the largest percentage of patenting activity since 2011 among the three primary stages of the hydrogen value chain (i.e., (i) production, (ii) storage, distribution, and transformation, and (iii) end-use industrial applications). Trends show a shift in hydrogen production from carbon-intensive methods to technologies that do not rely on fossil fuels. The bulk of recent increased patent activity is directed to electrolysis development, while patent activity related to production from biomass and waste has decreased.

Read the rest of this post on K&L Gates’ IP Law Watch blog.

From IP Law Watch: Global Trends in Hydrogen IP Protection

Feb 20 2023

By Jason Engel, Ben Fechner and Clare Frederick

The European Patent Office (EPO) and the International Energy Agency (IEA) recently published a joint report summarizing innovation and patent trends within the hydrogen economy.¹ The report is based on global patent activity since 2001² and is intended to help governments and businesses understand which parts of the hydrogen value chain appear to be making progress and which parts may be lagging behind.³ The report dives deep into specific technologies, lists the most active applicants in select technologies, and attempts to identify the impact of different governmental programs in specific sectors, with a goal of trying to help focus future innovation efforts.

Read the rest of this post on K&L Gates’ IP Law Watch Blog.

Join CleanCapital for a Webinar: How is the Inflation Reduction Act Affecting Clean Energy Developers?

Feb 02 2023

In August Congress passed the Inflation Reduction Act, a landmark climate and clean energy bill. Six months later, we’re asking: where are we now?

Join CleanCapital’s Jon Powers, K&L Gates’ Elizabeth Crouse, and Environmental Defense Fund’s Elizabeth Gore, for an informational webinar to understand how the rollout of IRA policies will impact clean energy developers. What are the steps to full implementation? What progress has been made on tax and other key policy levels within the administration?

Hosted by:
Jon Powers
President, CleanCapital

Panelists:

Elizabeth Crouse
Tax Partner & Co-Lead of Power, K&L Gates

Elizabeth Gore
Senior Vice President, Political Affairs at Environmental Defense Fund

To learn more and register, please click here.

Reactive Power Compensation for Renewable Energy Facilities: Opportunity Amidst Change

Jan 23 2023

By: Ruta Skučas, Maria Faconti, Kimberly Frank

Originally published in the Oil, Gas & Energy Resources Law Section Report – Volume 47, Number 1 / January 2023.

Reactive power provides synchronous and non-synchronous generators, as well as other forms of non-generation resources capable of providing reactive power, with a potential additional revenue stream. The provision of voltage support to the grid is an ancillary service, compensated in various ways in the various wholesale electricity markets. Renewable developers should familiarize themselves with the opportunities provided by reactive power compensation, even as some of the compensation models may be shifting.

In 2016, the Federal Energy Regulatory Commission (“FERC”) began allowing wind and solar facilities to offer reactive power as an ancillary service into wholesale electricity markets. Over the past few years, FERC and the independent system operators (“ISOs”) and regional transmission organizations (“RTOs”) began to revisit reactive power compensation models and, as a result, there has been a greater focus on reactive power issues in 2022. This article reviews the current status of reactive power compensation in various U.S. regions, as well as possible future changes.

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Update on the Tax Credit Revolution: Prevailing Wage and Apprenticeship Clock Starts Soon

Nov 30 2022

U.S. Energy, Infrastructure, and Resources Alert

By: Elizabeth C. Crouse, Craig E. Leen

The U.S. Treasury Department released a preliminary draft of Notice 2022-61 (the Notice) on 29 November 2022 and the final on 30 November 2022. Taxpayers now have 59 days to begin construction on qualified projects without causing those projects to be subject to the new prevailing wage and apprenticeship requirements. The U.S. Department of Labor also released companion FAQs on the prevailing wage and apprenticeship rules 29 November 2022. The Notice generally applies to credits under Code[1] Sections 30C (alternative fuel infrastructure), 45Y (post-2024 electricity PTC[2]), 48E (post-2024 electricity ITC[3]), 45V (hydrogen PTC), 45 (current electricity PTC), 48 (current electricity ITC), 45Q (carbon capture), 45L (energy efficient homes), 45U (zero-emission nuclear power), 48C (advanced energy manufacturing facilities), and 179D (energy efficient commercial buildings), but the beginning of construction rules apply more narrowly.

For further details, please see the following Alert that discusses some of the main points in the Treasury and Labor guidance that was released.

READ FULL ALERT

The Energizer – Volume 110

Nov 22 2022

By: Buck B. Endemann, Matthew P. Clark, Nathan C. Howe, Natalie J. Reid, David Wang, Olivia C. Ashé

There is a lot of buzz around clean technology, distributed energy resources (DERs), microgrids, and other technological innovations in the renewable energy and clean transport industries and how these developments can contribute to solving longstanding environmental justice issues. As these innovations develop, energy markets will undergo substantial changes to which consumers and industry participants alike will need to adapt and leverage. Every other week, K&L Gates’ The Energizer will highlight emerging issues or stories relating to the use of DERs, energy storage, emerging technologies, hydrogen, and other innovations driving the energy industry forward.

IN THIS ISSUE

U.S. Department of Energy Announces US$600 Million in Funding for Energy Storage Projects and Energy Efficiency Upgrades
NET Power Announces Zero-Emissions Gas Plant in Texas
U.S. Government Blocks Import of Solar Panels Under Uyghur Forced Labor Protection Act

READ VOLUME 110

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The Energizer – Volume 109

Nov 09 2022

By: Buck B. Endemann, Matthew P. Clark, Nathan C. Howe, Natalie J. Reid, David Wang, Olivia C. Ashé

BMW Expands Electromobility Plan and Manufacturing Footprint in South Carolina
NJ BPU Selects Offshore Wind Transmission Projects under PJM’s State Agreement Approach
NextEra Energy Invests US$1.1 Billion in Renewable Natural Gas Production

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Heightened Scrutiny of Director Positions by FERC and DOJ

Nov 03 2022

U.S. Energy, Infrastructure, and Resources Alert

By: Ruta K. Skucas, Kimberly B. Frank, Drew Mann, Jennifer L. Mersing, Chimera N. Thompson

The Federal Energy Regulatory Commission and the Department of Justice recently issued orders and statements demonstrating concerns related to director positions and potentially interlocking directorates. These actions together signal greater attention paid to the identities and affiliations of directors serving on corporate boards. Going forward, companies should carefully review the composition of their (and their upstream owners’) board of directors to confirm they are in compliance with FERC and DOJ regulatory requirements.

READ FULL ALERT

For more information, please contact our Energy Infrastructure and Resources lawyers or visit our practice page.

The Energizer – Volume 108

Nov 01 2022

By: Buck B. Endemann, Matthew P. Clark, Nathan C. Howe, Natalie J. Reid, David Wang, Olivia C. Ashé

BP Furthers its Bioenergy Efforts by Acquiring Archaea Energy
Department of Energy Announces US$2.8 Billion in Funding to Expand Domestic Manufacturing of Batteries for Electric Vehicles and Electric Grid
Brookfield Renewable Partners and Cameco Corporation Acquire Nuclear Services Business

READ VOLUME 108

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