Global Power Law & Policy

Legal and Policy Developments Affecting the Global Power Industry.

 

1
Reactive Power Compensation for Renewable Energy Facilities: Opportunity Amidst Change
2
Update on the Tax Credit Revolution: Prevailing Wage and Apprenticeship Clock Starts Soon
3
The Energizer – Volume 110
4
The Energizer – Volume 109
5
Heightened Scrutiny of Director Positions by FERC and DOJ
6
The Energizer – Volume 108
7
The Tax Credit Revolution: From Brownfields to Brightfields
8
THE ENERGIZER – VOLUME 107
9
Pennsylvania’s Growing Electric Vehicle Charging Network: What’s All the Buzz About NEVI Plans?
10
The Energizer – Volume 106

Reactive Power Compensation for Renewable Energy Facilities: Opportunity Amidst Change

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.

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

U.S. Energy, Infrastructure, and Resources Alert

By: Elizabeth C. CrouseCraig 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.

The Energizer – Volume 110

By: Buck B. EndemannMatthew P. ClarkNathan C. HoweNatalie J. ReidDavid WangOlivia 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

The Energizer – Volume 109

By: Buck B. EndemannMatthew P. ClarkNathan C. HoweNatalie J. ReidDavid WangOlivia 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 

  • 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

Heightened Scrutiny of Director Positions by FERC and DOJ

U.S. Energy, Infrastructure, and Resources Alert

By: Ruta K. SkucasKimberly B. FrankDrew MannJennifer L. MersingChimera 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.

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

The Energizer – Volume 108

By: Buck B. EndemannMatthew P. ClarkNathan C. HoweNatalie J. ReidDavid WangOlivia 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 

  • 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

The Tax Credit Revolution: From Brownfields to Brightfields

Please Join us as The Tax Credit Revolution Webinar series continues on Thursday, November 3 at 12:00 p.m. ET.

Join us for a discussion on how the Inflation Reduction Act provides developers with new opportunities to redevelop brownfield sites as brightfields, by incorporating solar energy and energy storage technology.

Speakers:

Moderator:

  • Chad Farrell, Founder and Chief Executive Officer, Encore Renewables

To register, please click the button below to RSVP.

Subscribe here to stay informed and receive our latest content.

THE ENERGIZER – VOLUME 107

By: Matthew P. ClarkBuck B. EndemannNathan C. HoweNatalie J. ReidMaeve C. TibbettsDavid Wang

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

  • Bloom Energy to Produce Hydrogen at Prairie Island Nuclear Plant
  • Department of Energy Announces US $60 Million Funding Opportunity for Hydrogen Technologies and Grid Decarbonization Research
  • New York Governor Announces Distributed Energy Milestone

Pennsylvania’s Growing Electric Vehicle Charging Network: What’s All the Buzz About NEVI Plans?

By: Brianna K. EdwardsThomas R. DeCesarBuck B. EndemannTad J. MacfarlanPierce RichardsonNathan C. Howe

With electric vehicles (EVs) on the rise, recent federal legislative and policy initiatives have prompted states to develop related infrastructure plans. These plans will provide for the greater connectivity required to support the future of EV transportation. As state plans are approved and implemented, new legal issues will likely develop.

On 15 November 2021, President Biden signed the Bipartisan Infrastructure Law (BIL), which directs funding to state and local governments for transportation improvement programs, including developing and expanding EV infrastructure. Under the BIL, each state was required to submit a National Electric Vehicle Infrastructure plan to the U.S. Department of Transportation by 1 August 2022.

The Energizer – Volume 106

By: Buck B. EndemannMolly K. BarkerMatthew P. ClarkNathan C. HoweNatalie J. ReidMaeve C. TibbettsDavid Wang

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. To subscribe to The Energizer newsletter, please click here. 
 
IN THIS ISSUE

  • Department of Energy Provides US$2.5 Billion Toward New Electric Vehicle Battery Cell Manufacturing Facilities
  • U.S. Nuclear Regulatory Commission Will Certify First Small Nuclear Reactor

Copyright © 2022, K&L Gates LLP. All Rights Reserved.