Category: Wind

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2022 Offshore Wind Handbook Now Available
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BOEM Issues Final Sale Notice for Offshore Wind Lease Areas in Carolina Long Bay
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Bureau of Ocean Energy Management Propels the U.S. Offshore Wind Industry
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U.S. ENERGY STORAGE ASSOCIATION RECOGNIZES K&L GATES WITH BRAD ROBERTS OUTSTANDING INDUSTRY ACHIEVEMENT AWARD
5
FERC Announces Conferences on Carbon Pricing and Offshore Wind in RTOs/ISOs
6
Treasury Guidance Buoys Solar and Wind in 2020 and Beyond
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CLE Presentation: COVID-19: Perspectives for the “Next New Normal” for Renewable and Utility Companies
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Join Us! Energy Storage Association Webinar: Energy Storage, Trade and China
9
Treasury to Extend Deadlines for Accessing Wind, Solar Tax Credits
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RENEWS SOUTHEAST – VOLUME 4

2022 Offshore Wind Handbook Now Available

U.S. Offshore Wind Handbook Helps Navigate Technical and Regulatory Issues

We are pleased to announce the release of the 2022 edition of the Offshore Wind Handbook, a collaboration between K&L Gates, Mainstream Renewable Power, and Kent plc., written to help guide investors and new market entrants through technical and regulatory issues in a fast-paced developing U.S. offshore wind market.

To view the 2022 Offshore Wind Handbook, click here.

BOEM Issues Final Sale Notice for Offshore Wind Lease Areas in Carolina Long Bay

U.S. Energy, Infrastructure, and Resources Alert

By: Stanford D. BairdKenneth J. Gish, JrNathan C. HoweDavid L. WochnerKimberly B. FrankAnkur K. Tohan

The Bureau of Ocean Energy Management will hold its next offshore wind lease auction on 11 May 2022, for two lease areas in the Carolina Long Bay. The lease areas comprise 110,091 acres off the coast of North and South Carolina. The auction date will occur weeks ahead of a 10-year moratorium on offshore energy leases imposed in 2020 by the Trump administration prohibiting auctions of leases for wind, in addition to oil and gas, off the coasts of North and South Carolina beginning on 1 July 2022.

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

Bureau of Ocean Energy Management Propels the U.S. Offshore Wind Industry

U.S. Energy, Infrastructure, and Resources and Environment, Land, and Natural Resources Alert

By: Gail H. ConenelloNathan C. HoweAnkur K. TohanDavid L. Wochner

The flurry of offshore wind activity off the U.S. Eastern Seaboard continues, as the Bureau of Ocean Energy Management (BOEM) has announced recently it will hold an auction on 23 February 2022, to lease six new areas for offshore wind development in the New York Bight. The six lease areas will be located off the coasts of New York and New Jersey and will comprise 488,201 total acres. Such acreage should be sufficient to develop an estimated 5.6 gigawatts (GWs) of new offshore wind capacity, enough to power nearly two million homes. The six new lease areas will add to the 18 existing lease areas for offshore wind development that currently exist off the U.S. East Coast. This new lease sale combined with other recent BOEM developments exemplifies the Biden Administration’s commitment to the development of offshore wind resources in the United States.

U.S. ENERGY STORAGE ASSOCIATION RECOGNIZES K&L GATES WITH BRAD ROBERTS OUTSTANDING INDUSTRY ACHIEVEMENT AWARD

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

FERC Announces Conferences on Carbon Pricing and Offshore Wind in RTOs/ISOs

By: William Keyser, David Hattery, Buck Endemann, and Abraham Johns

On June 18, 2020, the Federal Energy Regulatory Commission (“FERC”) announced that it will hold two separate technical conferences later this year.  First, FERC will hold a Commissioner-led technical conference on September 30, 2020 to discuss issues related to carbon dioxide emission pricing (i.e., “carbon pricing”) as adopted by states in FERC-jurisdictional wholesale electricity markets (“Carbon Pricing in Organized Wholesale Electricity Markets”).  Second, FERC staff will hold a technical conference on October 27, 2020 to discuss whether existing frameworks for transmission, interconnection, and merchant transmission facilities can incorporate the growing offshore wind generation efficiently and effectively (“Offshore Wind Integration in RTOs/ISOs”).

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Treasury Guidance Buoys Solar and Wind in 2020 and Beyond

By: Elizabeth C. Crouse

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.

CLE Presentation: COVID-19: Perspectives for the “Next New Normal” for Renewable and Utility Companies

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.”

Moderator: 

Panelists:

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.

Join Us! Energy Storage Association Webinar: Energy Storage, Trade and China

Please join K&L Gates’ Elizabeth Crouse on the Energy Storage Association’s upcoming webinar, Energy Storage, Trade and China, on Thursday, May 21 from 12:00 PM – 1:00 CDT.

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.

Treasury to Extend Deadlines for Accessing Wind, Solar Tax Credits

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.

RENEWS SOUTHEAST – VOLUME 4

K&L Gates reports on the latest renewable energy policies and activities in the southeastern United States

By Kenneth J. GishWilliam M. KeyserAbraham F. JohnsOlivia B. Mora, and Laura B. Truesdale

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:

  • Dominion Energy Breaks Ground on Virginia’s First Offshore Wind Installation
  • Duke Energy Hits Milestone of 1GW of Owned Solar Energy
  • Offshore Wind Areas Examined Off East Coast from Virginia to South Carolina
  • North Carolina Legislature Drops Ban on Wind Projects

View more details of Volume 4 by clicking here.

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