November 2022 – Global Power Law & Policy

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, and Craig E. Leen

The US 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.

The Energizer – Volume 110

Nov 22 2022

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

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.

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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

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Archive:November 2022