The U.S. Energy Storage Association (ESA), the national trade association for the American energy storage industry, will recognize K&L Gates with the Brad Roberts Outstanding Industry Achievement Award at the 2020 ESA Annual Awards taking place during the association’s virtual conference next week.
The award recognizes K&L Gates for “its tremendous contributions that have advanced the industry forward including nurturing early storage developers, hosting an annual conference, and developing the widely circulated Energy Storage Handbook.” The ESA determines this award by surveying its members and past award recipients each year to identify a member organization that has made significant contributions in the storage industry.
Read more about the award in the ESA press release.
Seattle – Global law firm K&L Gates LLP has advised solar energy systems developer Unico Solar Investors on a long-term joint-venture partnership with Excelsior Energy Capital, a leading independent North American renewable energy investor, to build, own, and operate a 250 MW pipeline of commercial and industrial solar projects across North America.
A wholly-owned subsidiary of Unico Investment Group, Unico Solar will develop and manage the portfolio, which will consist of ground-mount, rooftop, and carport solar projects across multiple U.S. states including Arizona, California, Colorado, Hawaii, Massachusetts, Nevada, New Jersey, New York, Oregon, and Washington, among others. The projects will provide clean electricity to a variety of customers, including commercial businesses, property owners, municipalities, educational institutions, utilities, and others, with construction expected to begin later this year.
The K&L Gates team that advised on the partnership was led by Seattle partner David Benson and included Seattle partner Elizabeth Crouse, Houston partner Edmundo de la Fuente, and Portland partner William Holmes, as well as Seattle associates Adam Heyd and Brad Lewis, Orange County associate Lana Le Hir, Houston associate Olivia Mora, and Boston associate Mike O’Neill.
Join us on June 30, 2020 at 4:30pm EDT for a webinar on the Post-COVID-19 Outlook for renewable energy.
Emerging from the first wave of the COVID-19 crisis, the renewables industry has experienced many positive and negative effects, from enormous job loss to valuable cost reductions, innovation in project development, and an uptick in storage contracts. However, there is still significant uncertainty about what a second wave of lock-downs may bring as well as the effect of the macroeconomic climate on investor appetite.
Our expert panel will share with you what they expect to see in the development and power markets worldwide as well as the hot new trends they see as helping the industry emerge from the COVID-19 crisis stronger and more resilient than ever.
- Elizabeth Crouse, Partner, K&L Gates
For more information and to register, please click here.
This afternoon, the Department of Treasury issued eagerly anticipated guidance extending the continuous construction/efforts test safe harbor to five years for wind, solar, and other tax credit projects that began construction in 2016 and 2017.
The extension applies for purposes of the Code Section 48 investment tax credit and the Code Section 45 production tax credit, and to projects that began construction under either the significant physical work test or the 5% safe harbor. Projects that began construction in 2016 now have through December 31, 2021 to be placed in service without proving continuous construction or continuous efforts. Projects that began construction in 2017 now have through December 31, 2022 to be placed in service for the same purpose. This extension is a boon to the industry, particularly the many wind projects that have experienced disrupted schedules due to the COVID-19 crisis.
Treasury also granted a boon to the solar industry in the same guidance by providing a generally applicable safe harbor for purposes of the 3.5 month test frequently used to safe harbor supplies procured in the last quarter of a calendar year. Specifically, Notice 2020-41 provides that if a taxpayer paid for any services or property paid on or before September 16, 2019 and the services or property are “actually received” by the taxpayer by October 15, 2020, the “taxpayer will be deemed to have had a reasonable expectation” of timely delivery for purposes of the 3.5 month test. This guidance follows months of efforts by participants across the wind and solar industries to obtain assurance that project delays would not negatively impact tax credit availability. By extending these tests, Treasury has provided significant comfort to many investors and ensured the continued advancement of the power industry and the thousands of jobs it provides to Americans across the country.
Join us on Wednesday, June 10, 2020, for a CLE presentation on “COVID-19: Perspectives for the “Next New Normal” for Renewable and Utility Companies.”
Companies are seeing unprecedented legal and business impacts due to the COVID-19 pandemic. These impacts are bringing about changes in strategy and how many companies approach their day-to-day business operations to adapt to this new business environment. This one-hour session will involve a presentation by the following K&L Gates attorneys sharing their perspectives on what to consider during the “next new normal.”
- Michael D. Cuda, Partner, Banking & Asset Finance
- April Boyer, Partner, Labor, Employment and Workplace Safety
- Jamie Lavergne Bryan, Partner, Oil, Gas & Resources
- Elias B. Hinckley, Partner, Power
- John M. Sylvester, Partner, Insurance Recovery and Counseling
This presentation will include the evolving legal and business impacts of COVID-19 in connection with:
- Contract Issues
- Insurance Issues
- Potential Work Issues
- Litigation Trends
This webinar will contain a chat feature in which you can submit questions so that we may tailor this presentation to address your concerns.
To register, please click here.
This webinar will explore the key trade and national security policies that currently impact the ESS market in the U.S. and assess their potential impacts on future deployments, including:
• How might regulatory developments under the Executive Order impact storage?
• What might the future hold for tariffs?
• How do these processes play out in an election year?
For more information and to register, please click here.
Author: Elizabeth Crouse
This afternoon, the Office of Legislative Affairs at the Department of Treasury, issued a letter to Charles Grassley, the Chairman of the Senate Committee on Finance, indicating that Treasury intends to issue administrative relief to the solar and wind industries regarding certain investment tax credit (“ITC”) and production tax credit (“PTC”) deadlines. Although the letter does not provide any details as to the nature of this relief, Chairman Grassley’s April 23, 2020 letter to Treasury requested that the four-year safe harbor for the continuous construction and continuous efforts test for the PTC and ITC be extended to a five-year safe harbor period.
Chairman Grassley did not request administrative relief concerning the impact of COVID-19 related measures taken by manufacturers and shipping companies on a customer’s “reasonable expectation” that materials purchased in 2019 would be delivered within 3.5 months after payment. This latter provision is important for purposes for establishing beginning of construction of solar projects in 2019.
As many states see a push for renewable energy opportunities for their customers located in (or scouting new locations in) their borders, West Virginia legislators are poised to decide whether the state will facilitate such development. On January 8, 2020, two House bills were introduced that could open the door to more renewable choices.Read More
K&L Gates reports on the latest renewable energy policies and activities in the southeastern United States
Welcome to the inaugural edition of ReNEWS Southeast!
K&L Gates’ ReNEWS Southeast is a periodic bulletin that will track key developments in renewable energy policy, activities, and technologies that are driving the industry forward.
IN THIS ISSUE:
- Southeastern States See Large Year-Over-Year Increase in Renewable Output
- Florida PSC Approves TECO Solar Tariff
- Installation Set to Begin on United States’ Second Offshore Wind Project
- Large Solar Farm Set to Open in South Carolina
- Offshore Wind Turbine Components Could Eventually Be Manufactured in North Carolina
- North Carolina Allows Duke Energy to Implement Cutting-Edge Microgrid Project, and State Receives Large Commitment of Solar Farm From Novo Nordisk
- South Carolina Solar Law Eliminates 2% Net Metering Cap Along With Other Solar Advancements
- Power Is on at Tennessee’s Largest Solar Development
To view more information on these topics in Volume 1 of ReNEWS Southeast, click here.