Category: The Americas

1
Join K&L Gates at #ESACon18
2
FERC Rule Seeks to Expand Energy Storage Participation in Wholesale Electricity Markets
3
Tax Credits for Energy Facilities Extended in New Budget Bill
4
ACORE and Bloomberg New Energy Finance – State of the Industry Webinar: Financing Renewables Post-Tax Reform
5
New York Signals Continued Support for Energy Storage as Governor Signs Procurement Target Legislation
6
Please Join Us: Connecting the Dots: U.S. and International Issues and Regulatory Developments on Connected Cars/Autonomous Vehicles
7
United States Announces Intent to Withdraw From Paris Climate Accord: What is the Real Impact?
8
Energy Department Seeks Input on Regulatory Reform
9
CPUC Requires Additional 500 MW of Energy Storage from California IOUs
10
The Business of of Wind in the Northwest – Presented by The Seminar Group

Join K&L Gates at #ESACon18

K&L Gates is proud to sponsor the Energy Storage Association’s 28th Annual Conference and Expo

K&L Gates welcomes you to join us at #ESACon18.  As the ESA News Desk Host, we are excited to have the opportunity to meet with you at this renowned conference and expo.  The conference will be held on April 18-20 at the Hynes Convention Center in Boston, MA.

K&L GATES HIGHLIGHTS

DISCOUNT CODE
As a member of the ESA Board of Directors, Portland Partner Bill Holmes is pleased to offer a 10% discount on registration.  Enter code BILLAC18 to receive the discount.

FERC Rule Seeks to Expand Energy Storage Participation in Wholesale Electricity Markets

By William Keyser, Buck Endemann, Mike O’Neill and Jim Wrathall

On February 15, 2018 the Federal Energy Regulatory Commission (“FERC”) issued a Final Rule addressing participation of energy storage resources in electricity markets operated by Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”).  Largely adopting the proposal issued in November 2016, the Final Rule seeks to remove barriers for energy storage participation in wholesale capacity, energy, and ancillary services markets.  The ultimate impact of FERC’s directive will be determined over the next few years as RTOs and ISOs implement the standards through their respective stakeholder processes, compliance filings, and (potentially) litigation.    FERC deferred ruling on a companion proposal addressing participation of distributed energy resources (“DERs”) in wholesale markets.  In the coming months, stakeholders should carefully consider these measures as there will continue to be opportunities to shape the final outcomes. Read More

Tax Credits for Energy Facilities Extended in New Budget Bill

By Charles Purcell,  Won-Han Cheng, Elizabeth Crouse, and Andrea Templeton

Congress recently enacted the Bipartisan Budget Act of 2018, which contained a number of extenders applicable to tax credits for energy facilities.  In the case of PTC-eligible energy facilities that were not covered by the earlier extension applicable to wind and solar, the credit was extended to facilities where construction was commenced before January 1, 2018.  This new rule applies to closed and open loop biomass, geothermal, landfill gas, trash, qualified hydropower, and marine and hydrokinetic facilities.  In addition, the election to claim the ITC in lieu of the PTC on these facilities was also extended to facilities where construction was commenced before January 1, 2018.

The ITC provisions were amended to extend the “commence construction” dates for 30% credits for fiber optic solar, qualified fuel cell, ground based thermal heating and cooling systems, and qualified small wind energy property to be consistent with solar facilities (terminating at the end of 2021). The Act also extended the “commence construction” dates for 10% credits relating to qualified microturbine and combined heat and power system property (also terminating at the end of 2021).  To be eligible for the extension, combined heat and power system property must be placed into service after December 31, 2016.

In addition, the credits for fiber optic solar, qualified fuel cell and qualified small wind project will step down over the next 5 years.  It also appears that any such property not placed in service by the end of 2023 will not be eligible for any ITC.

ACORE and Bloomberg New Energy Finance – State of the Industry Webinar: Financing Renewables Post-Tax Reform

On Wednesday, January 24, 2018 from 12:00-1:30pm ET, K&L Gates Seattle associate Elizabeth Crouse will be moderating the ACORE and Bloomberg New Energy Finance sponsored webinar “Financing Renewables Post-Tax Reform.”

The State of the Industry Webinar, a quarterly series produced in partnership between ACORE and Bloomberg New Energy Finance, offers the latest intelligence and analysis on renewable energy markets, finance and policy.

Provisions included in the tax reform package will affect how leading financiers of renewable energy projects are taxed on their investments. These changes could impact the availability of tax equity – a critical source of financing that is a significant catalyst for market growth and responsible for roughly 20% of annual U.S. renewable energy investment. On this webinar, experts will consider how changes to the tax code might shake out in the renewable energy market, alternate sources of project financing and other factors developers should expect in 2018 and beyond.

Policy Update:

Greg Wetstone, President & CEO, ACORE

Todd Foley, Senior Vice President of Policy and Government Affairs, ACORE

Markets Update:

Ethan Zindler, Head of Americas, Bloomberg New Energy Finance

Moderator:

Elizabeth Crouse, Associate, K&L Gates LLP

Speakers:

Marshal Salant, Managing Director, Head of Alternative Energy Finance, Citi

Meghan Schultz, Senior Vice President, Structured FinanceInvenergy LLC

Kevin Walsh, Managing Director, Renewable Energy, GE Energy Financial Services

To register for this webinar, please click here.

New York Signals Continued Support for Energy Storage as Governor Signs Procurement Target Legislation

By Buck Endemann, Bill Holmes, and Mike O’Neill

On November 29, 2017, New York Gov. Andrew Cuomo (D) signed Assembly Bill A6571.  Passed by the New York legislature in June 2017, this legislation directs the New York Public Service Commission (PSC) to undertake two efforts: (1) institute a proceeding to establish the Energy Storage Deployment Program within 90 days; and (2) set a target by January 1, 2018, for the installation of qualified energy storage systems across the state by 2030.

Read More

Please Join Us: Connecting the Dots: U.S. and International Issues and Regulatory Developments on Connected Cars/Autonomous Vehicles

An Access Partnership and K&L Gates Symposium

We invite you to join us in the K&L Gates Washington, D.C. office on Wednesday, December 6 for an in-person (only) breakfast symposium focused on the rapidly changing global regulatory landscape surrounding connected cars/autonomous vehicles.

Our experienced panelists are government and industry officials who will discuss upcoming national and international industry and regulatory developments regarding the autonomous vehicles industry, focusing on cybersecurity and privacy issues, and infrastructure-related concerns.

We are pleased to announce the following speakers and panelists. Please note that panels remain in formation.

Welcome
9:00 a.m.
Ryan Johnson, Senior Manager, International Public Policy, Access Partnership

Keynote Speaker: Nat Beuse, Associate Administrator for Vehicle Safety Research, National Highway Traffic Safety Administration (NHTSA).
9:05 a.m.
Nat is responsible for NHTSA’s vehicle safety research activities, which are focused on achieving the agency’s mission of reducing fatalities and injuries caused by motor vehicle crashes.

Keynote Speaker: Andrea Glorioso, Counsellor for the Digital Economy, Delegation of the European Union to the United States.
9:30 a.m.
Andrea acts as the liaison between the European Union and United States on policy, regulation, and research activities related to the Internet and information and communication technologies. He worked for eight years at the European Commission in Brussels on cybersecurity, personal data protection, cloud computing, and Internet governance. He was part of the teams that produced a number of key strategies of the European Commission, including the Action Plan on the Internet of Things and the Cloud Computing Strategy.

Panel Discussion: Infrastructure*
10:00 a.m.
Moderator: Stephen A. Martinko, Government Affairs Counselor, K&L Gates

David S. Kim, Vice President, Government Affairs, Hyundai Motor Company

Greg Rogers, Policy Analyst & Assistant Editor, Eno Transportation Weekly (ETW), Eno Center for Transportation

Jim Tymon, Chief Operating Officer/Director of Policy and Management, American Association of State Highway and Transportation Officials (AASHTO)

Panel Discussion: Cybersecurity & Privacy*
11:00 a.m.
Moderator, Bruce J. Heiman, Partner, K&L Gates

Robert E. Muhs, Vice President, Government Affairs, Corporate Compliance & Business Ethics, Avis Budget Group

Kiyoshi Nakazawa, Representative, Information Technology Promotion Agency (IPA) New York Director, Information Technology Department, Japan External Trade Organization (JETRO) New York Special Advisor to the Ministry of Economy, Trade and Industry (METI), Government of Japan

Al Sisto, Executive Chairman, Device Authority

*Panel in formation.
For more information, please visit our event page.

To RSVP, please click here.

United States Announces Intent to Withdraw From Paris Climate Accord: What is the Real Impact?

By William M. Keyser, Laurie B. Purpuro, Cliff L. Rothenstein, Alyssa A. Moir, and Christina A. Elles

On June 1, President Trump declared that he would withdraw the United States from the Paris Climate Accord (the “Agreement”).  His announcement, though not unexpected, raises a host of questions on several legal, technical, and policy fronts.  And while the news and commentary on President Trump’s position continues to change, three fundamental questions are worth asking:

  1. How is the Agreement structured to handle withdrawal?
  2. What legal actions could potentially force the Trump administration to take actions to address climate change?
  3. What impact, if any, would a withdrawal have on U.S. state and private-side initiatives to address climate change?

We focus our analysis on these questions in this Legal Insight, which you can view on K&L Gates HUB.

Energy Department Seeks Input on Regulatory Reform

By Tim L. Peckinpaugh, David L. Wochner, David L. Benson and Kathleen L. Nicholas

On May 30, the Department of Energy (“DOE”) published a request for information (“RFI”) soliciting guidance on potential regulations that should be modified or repealed to reduce burdens and costs. This is part of a government-wide initiative to overhaul the federal government’s regulatory regime, set in motion with an executive order signed by President Trump just after his inauguration. This RFI also comes after President Trump signed an executive order, “Promoting Energy Independence and Economic Growth,” which seeks to review all regulatory actions that hamper the domestic production of fossil fuels and nuclear energy.

To read the full alert on K&L Gates HUB, click here.

CPUC Requires Additional 500 MW of Energy Storage from California IOUs

By Buck Endemann, William Holmes, Andrea Lucan

Under AB 2514, California’s landmark energy storage law passed in 2013, California’s three Investor-Owned Utilities (“IOUs”) (Southern California Edison (“SCE”), Pacific Gas & Electric (“PG&E”), and San Diego Gas & Electric (“SDG&E”)) are required to install 1,325 MW of energy storage by 2024.[1]  Recent California Public Utilities Commission (“CPUC”) decisionmaking under a later-passed energy storage law, however, has added an additional 500 MW to the IOUs’ procurement obligations. Read More

The Business of of Wind in the Northwest – Presented by The Seminar Group

How is big business putting wind to work? Why does it make financial sense? This event, presented by The Seminar Group, will explore answers to these questions and discuss the status of wind power development in the west, wind power siting, utility perspectives of renewables, Cal ISO expansion, and equity financial structures and tax considerations.

Portland partner Bill Holmes is serving as Program Chair for this progrm Thursday, May 4 at the World Trade Center in Portland, Oregon.

In addition, Seattle partner David Benson will serve as a faculty member for the program.

Bill will present on the Status of Wind Power Development in the West and David will speak on a panel covering Equity, Financial Structures and Tax Considerations.

To learn more about this event and register, click here.

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