Category: Uncategorized

1
The Energizer – Volume 56
2
THE ENERGIZER – VOLUME 54
3
K&L Gates recognized in Doyle’s Guide rankings in Australia for Energy
4
The Energizer – Volume 50
5
The Energizer – Volume 49
6
The Energizer – Volume 47
7
Webinar: Energy Storage project development: An Overview of key policy, finance & development issues with K&L Gates
8
FERC Grants Waivers to Exempt Solar Aggregator from Certain QF Requirements
9
JOIN K&L GATES AT #ESACON19 AND PICK UP THE ENERGY STORAGE HANDBOOK
10
Making Room for Electric Storage: RTOs/ISOs Propose Changes to Their Market Rules to Comply with FERC Order 841

The Energizer – Volume 56

By: Buck B. EndemannDaniel S. CohenToks A. ArowojoluOlivia B. MoraAbraham F. Johns

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector.

There is a lot of buzz around blockchain technology, distributed energy resources (“DERs”), microgrids, and other technological innovations in the energy industry. As these innovations develop, energy markets will undergo substantial changes to which consumer 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 blockchain technology, DERs, and other innovations driving the energy industry forward. To subscribe to The Energizer, please click here.

IN THIS ISSUE

  • EnergyX Develops New Lithium Extraction Process Using Membrane Nanotechnology
  • Berkeley Lab Studies Improved Membrane Technology for Flow Batteries
  • Stem and NEC Energy Solution Partnership Aimed at Enhancing Solar + Storage Projects
  • DHS Awards $180k to Blockchain Technology Developer to Track Cross-Border Oil Imports
  • Power Ledger Inks Deal to Provide Blockchain Technology to Australian Energy Retailer

To view more information on these topics in Volume 56 of The Energizer, click here.

THE ENERGIZER – VOLUME 54

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector.

By: Buck B. Endemann, Benjamin L. Tejblum, Daniel S. Cohen, Toks A. Arowojolu, Olivia B. Mora, Abraham F. Johns

There is a lot of buzz around blockchain technology, distributed energy resources (“DERs”), microgrids, and other technological innovations in the energy industry. As these innovations develop, energy markets will undergo substantial changes to which consumer 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 blockchain technology, DERs, and other innovations driving the energy industry forward. To subscribe to The Energizer, please click here.

IN THIS ISSUE:

  • Nanobio Lab Scientists Working to Simplify and Scale Lithium-Sulfur Battery Production
  • California Public Utilities Commission Awaits Commentary on Microgrid Proceeding
  • Largest Residential Battery Demand Response Project Is Open for Business
  • Power Ledger Expands Reach with New Trials in Japan and Malaysia

To view more information on these topics in Volume 54 of The Energizer, click here.

K&L Gates recognized in Doyle’s Guide rankings in Australia for Energy

K&L Gates was recommended as a Leading Energy & Resources Law Firm in both New South Wales and Victoria in Doyle’s Guide for 2019.

Additionally, Partners Matt Baumgurtel and Luke Westmore were recommended as Leading Energy & Resources Lawyers in New South Wales (Baumgurtel) and Victoria (Westmore) for 2019.

For more information, visit Doyle’s Guide.

The Energizer – Volume 50

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector.

By Buck B. EndemannBenjamin L. TejblumDaniel S. CohenToks A. ArowojoluOlivia B. Mora, and Abraham F. Johns

There is a lot of buzz around blockchain technology, distributed energy resources (“DERs”), microgrids, and other technological innovations in the energy industry. As these innovations develop, energy markets will undergo substantial changes to which consumer 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 blockchain technology, DERs, and other innovations driving the energy industry forward. To subscribe to the Energizer, please click here.

IN THIS ISSUE:

  • Power Ledger and Kepco Complete P2P Trading Trial
  • Glendale, California, Drops Gas Plant for Clean Integrated Resource Plan
  • BPX Energy and Ondiflo Finish Blockchain Pilot Program

To view more information on these topics in Volume 50 of The Energizer, click here.

The Energizer – Volume 49

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector.

By Buck B. Endemann, Benjamin L. Tejblum, Daniel S. Cohen, Toks A. Arowojolu, Olivia B. Mora, and Abraham F. Johns

There is a lot of buzz around blockchain technology, distributed energy resources (“DERs”), microgrids, and other technological innovations in the energy industry. As these innovations develop, energy markets will undergo substantial changes to which consumer 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 blockchain technology, DERs, and other innovations driving the energy industry forward. To subscribe to the Energizer, please click here.

IN THIS ISSUE:

  • GE and BlackRock Launch Distributed Solar and Storage Business.
  • 400-MW Montana Pumped Storage Hydro Project Funded.
  • Major Chinese Energy Service Provider to Develop Blockchain Platform for LNG.
  • Indonesian NEWX Energy to Implement Blockchain Smart City Ecosystem.

To view more information on these topics in Volume 49 of The Energizer, click here.

The Energizer – Volume 47

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector.

By: Buck B. Endemann, Benjamin L. Tejblum, Daniel S. Cohen, Toks A. Arowojolu, Olivia B. Mora, Abraham F. Johns

There is a lot of buzz around blockchain technology, distributed energy resources (“DERs”), microgrids, and other technological innovations in the energy industry. As these innovations develop, energy markets will undergo substantial changes to which consumer 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 blockchain technology, DERs, and other innovations driving the energy industry forward. To subscribe to the Energizer, please click here.

IN THIS ISSUE

  • Puerto Rico Introduces “MiniGrids” to Improve Grid Resilience.
  • New Jersey Becomes the Latest State to Commit to 100% Clean Energy.
  • KEPCO to Lead a Blockchain-based Renewable Energy Certificates Trading Platform Pilot Program.
  • U.S. Department of Energy Assigns Energy Security Grant to XAGE.
  • PPL Electric Earns Award for its DER Management System.

To view more information on these topics in Volume 47 of The Energizer, click here.

Webinar: Energy Storage project development: An Overview of key policy, finance & development issues with K&L Gates

Join Energy Toolbase and K&L Gates for a webinar on Wednesday, June 19, 2019 at 2:00pm EDT.

Webinar topics will include:

1) Key BTM energy storage policy issues (update on the current ITC legislation for energy storage, federal tax & depreciation, utility revenue streams/aggregation, FERC 841)

2) Development issues affecting BTM energy storage projects (EPC agreements, interconnection, insurance, common development hurdles)

3) Financing & monetizing energy storage projects (capacity service agreements, operating leases, PPA’s, shared savings, project financing risks)

4) How to configure & model different storage incentives in Energy Toolbase

5) How to configure & model different storage financing transactions in Energy Toolbase

K&L Gates attorneys Buck Endemann, Elizabeth Crouse, and Jim Wrathall will be participating in this webinar, along with with Energy Toolbase COO, Adam Gerza.

To register, please click here.

FERC Grants Waivers to Exempt Solar Aggregator from Certain QF Requirements

By William M. Keyser and Toks A. Arowojolu

On April 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued an order granting a petition for declaratory order filed by Sunrun, Inc. (“Sunrun”) that exempted Sunrun, the nation’s largest residential solar company, from certain qualifying facility (“QF”) filing requirements under the Federal Power Act (“FPA”) and the Public Utilities Holding Company Act (“PUHCA”). The requested waiver would allow Sunrun to avoid significant administrative and regulatory burdens by avoiding potentially hundreds of QF filings as it increases the number of photovoltaic (“PV”) systems it owns on behalf of its customers.

QFs have the right to sell energy or capacity to a utility at an avoided cost rate and receive relief from certain regulatory burdens. To qualify as a QF, eligible facilities (including solar facilities) with power production capacity of greater than 1 MW (1000 kW) must certify their status with the Commission by either submitting a Form 556 self-certification or filing an application. Facilities with net power production of 1 MW or less are exempt from this filing requirement. When determining the size of a QF, FERC applies a “one-mile rule.” Under the “one-mile” rule, QFs located within a mile of another facility that use the same energy source and have the same owner are considered one QF for purposes of determining whether the QF surpasses the 80MW requirement for QF eligibility. FERC also applies the one-mile rule to determine whether a QF is 1 MW or less and therefore exempt from the QF certification filing requirement.

The one-mile rule carries potential consequences for developers of small and distributed rooftop solar systems like Sunrun, particularly when they retain ownership over the individual systems. According to the petition, Sunrun’s customers can choose to have Sunrun finance the PV system with Sunrun initially retaining ownership and continuing to monitor, maintain, and insure the system. Under Sunrun’s system, the homeowner is granted an option to buy the PV system later.

Sunrun filed its petition in September 2018 requesting waivers of two QF certification requirements to support its business model of selling, owning, and maintaining residential solar PV systems. First, Sunrun requested a waiver of the QF certification filing requirement for separately interconnected, individual residential rooftop solar PV systems with a maximum net power production of 20 kw or less that Sunrun provides financing for but which the homeowner has an option to purchase. Because Sunrun could conceivably finance or own many such 20 kW systems within one-mile radius, it would be possible for all such 20 kW systems to aggregate to over 1 MW and trigger QF certification filing requirement. Second, Sunrun also requested that, in a self-certification submitted for a cluster of rooftop PV systems that exceed 20 kW, FERC waive the requirement to include information for the facilities covered by the first waiver request (i.e., 20 kW or less).

Sunrun explained to FERC that its concerns were two fold: (1) while 99.5% of the residential PV systems that Sunrun owns have a nameplate capacity below 20kW, PV systems within close proximity to one another can collectively be deemed to be one QF under the one-mile rule, and (2) without the waivers, Sunrun would have to “monitor the geographic concentration of its PV systems” and file and continuously update a highly burdensome number of filings. With Sunrun’s 202,000 PV systems spread across 22 states, numerous applications would be expected.

FERC granted the requested waivers, finding that Sunrun’s request aligned with the purpose of the 1MW exemption which is “to ease the administrative burden for both the Commission and small scale QFs.” FERC also directed Sunrun to maintain sufficient records of the residential PV portfolio that it owns through “third-party financing arrangements” to ensure that its aggregated solar resources are in compliance with other federal regulations. FERC’s ruling could provide an opportunity for Sunrun and other rooftop solar aggregators to sell solar power into the wholesale markets. However, despite the easing of the administrative and regulatory burden at FERC, solar aggregators are still subject to a host of interconnection and state regulatory requirements that would also need to be addressed. We will continue to monitor the developments of this proceeding and its impacts on the solar PV and wholesale markets.

JOIN K&L GATES AT #ESACON19 AND PICK UP THE ENERGY STORAGE HANDBOOK

K&L Gates is proud to sponsor the Energy Storage Association’s 29th Annual Conference and Expo

K&L Gates welcomes you to join us at #ESACon19. We are excited to be the News Desk Sponsor at this year’s conference. The conference will be held on April 16-18, 2019 at the Phoenix Convention Center in Phoenix, AZ.

K&L GATES HIGHLIGHTS

  • Stop by Booth 526 to meet the team and pick up a copy of the newly released Fourth Edition of our very popular K&L Gates Energy Storage Handbook.
  • Join us at the ESA News Desk where we will be conducting interviews with executives from several companies.
  • Portland Partner Bill Holmes will be a panelist during, “Advanced Contracting in Energy Storage (ACES) Workshop,” where he will present on energy storage project development. The workshop will be held Tuesday, April 16 from 9:00 a.m. – 11:00 a.m. in North 124.
  • Bill will also give a Master Level with Kris Zadlo, Senior Vice President of Invenergy, entitled “Ins and Outs of Energy Storage Agreements,” which will discuss features and pitfalls of long-term energy storage agreements. It will be held on Wednesday, April 17 from 11:30 a.m. – 12:30 p.m. in North 122.

We look forward to seeing you in Phoenix!

Making Room for Electric Storage: RTOs/ISOs Propose Changes to Their Market Rules to Comply with FERC Order 841

By Abraham F. Johns, William M. Keyser, and Toks A. Arowojolu

On December 3, 2018, the Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) filed proposed market rule changes to provide energy storage resources with greater opportunities to participate in the wholesale markets as required by Federal Energy Regulatory Commission (FERC) Order No. 841. These widely anticipated FERC filings will likely provide the framework for how energy storage resources will be developed and used in the coming years.

In February 2018, FERC released Order No. 841, which requires each regional grid operator to revise its tariff to establish a participation model that allows energy storage resources to participate in the organized wholesale markets and sell the relevant products offered by each market. K&L Gates covered the details of this Order in a blog post and in the Energy Storage Handbook.

FERC set a deadline for each RTO/ISO to submit a compliance filing including tariff revisions by December 3, 2018. We have provided links to the compliance filings for each RTO/ISO below. The deadline for public comments on the filings is December 24, 2018 by 5 p.m. Each RTO/ISO has until December 3, 2019 to implement the changes. Considering the holiday season, some commenters may request an extension on this comment deadline. We will continue to monitor the development of these proceedings.

Copyright © 2019, K&L Gates LLP. All Rights Reserved.