Global Power Law & Policy

Legal and Policy Developments Affecting the Global Power Industry.

 

1
K&L Gates Blockchain Energizer – Volume 7
2
Maryland Issues Request for Proposals for Renewable Energy and Energy Storage Projects
3
United States Announces Intent to Withdraw From Paris Climate Accord: What is the Real Impact?
4
K&L GATES BLOCKCHAIN ENERGIZER – VOLUME 6
5
Energy Department Seeks Input on Regulatory Reform
6
K&L Gates Blockchain Energizer – Volume 5
7
K&L Gates Blockchain Energizer – Volume 4
8
Massachusetts Utility Takes Novel Approach to Increased Electric Vehicle Infrastructure
9
Teresa Hill To Speak at AWEA WINDPOWER 2017
10
Senate Finance Committee Releases New technology-neutral Energy Credits Legislation

K&L Gates Blockchain Energizer – Volume 7

By Molly Suda, Buck B. Endemann, and Ben Tejblum

There is a lot of buzz around blockchain technology and its potential to revolutionize a wide range of industries from finance and healthcare to real estate and supply chain management. Reports estimate that over $1.4 billion was invested in blockchain startups in 2016 alone, and many institutions and companies are forming partnerships to explore how blockchain ledgers and smart contracts can be deployed to manage and share data, create transactional efficiencies, and reduce costs.

While virtual currencies and blockchain technology in the financial services industry have been the subject of significant debate and discussion, blockchain applications that could transform the energy industry have received comparatively less attention. Every other week, the K&L Gates’ Blockchain Energizer will highlight emerging issues or stories relating to the use of blockchain technology in the energy space.

IN THIS ISSUE

  • Blockchain May Help Address Cyber Security Concerns in the Energy Industry
  • United Nations Recognizes the Potential for Blockchain Technology to Promote Climate Change Action
  • Infocast Blockchain Webinar
    • Interested in learning more about blockchains? On July 12, the authors of the Blockchain Energizer will partner with Infocast to provide a one-hour webinar on blockchain technology and its applications in the energy space.
    • Registration is free and may be accessed through the following link.

To view more information on theses topics in Volume 7 of The Blockchain Energizer, click here.

 

Maryland Issues Request for Proposals for Renewable Energy and Energy Storage Projects

By William M. Keyser and Elizabeth P. Trinkle

The Maryland Department of Transportation (“MDOT”) has issued a request for proposals (“RFP”) to create a Master Services Agreement (“MSA”) to select contracts to design, construct, finance, and operate renewable energy facilities and energy storage projects at MDOT locations throughout the State of Maryland.  The terms of the MSA will be five years, with an optional two year extension.

The scope of the RFP encompasses solar, geothermal and microhydropower renewable energy systems. In addition to traditional renewable energy facilities, bidders may also propose energy storage systems and microgrid development. Bidders are encouraged to find cost-effective project financing, and the contractor will be responsible for applying for and obtaining incentives offered by the State of Maryland.  Proposals are to be submitted in two parts:  Part I should include the technical aspects of the project, and Part II should contain the pricing information required by the RFP.   Read More

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.

K&L GATES BLOCKCHAIN ENERGIZER – VOLUME 6

By Molly Suda, Buck B. Endemann, and Ben Tejblum

There is a lot of buzz around blockchain technology and its potential to revolutionize a wide range of industries from finance and healthcare to real estate and supply chain management. Reports estimate that over $1.4 billion was invested in blockchain startups in 2016 alone, and many institutions and companies are forming partnerships to explore how blockchain ledgers and smart contracts can be deployed to manage and share data, create transactional efficiencies, and reduce costs.

While virtual currencies and blockchain technology in the financial services industry have been the subject of significant debate and discussion, blockchain applications that could transform the energy industry have received comparatively less attention. Every other week, the K&L Gates’ Blockchain Energizer will highlight emerging issues or stories relating to the use of blockchain technology in the energy space.

IN THIS ISSUE

  • Blockchain-Based Energy Trading Pilot Project Looks to Expand
  • Over 20 Energy Trading Frims Will Participate in Peer-to-Peer Energy Trading Market

To view more information on these topics in Volume 6 of The Blockchain Energizer, click here.

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.

K&L Gates Blockchain Energizer – Volume 5

By Molly Suda, Buck B. Endemann, and Ben Tejblum

There is a lot of buzz around blockchain technology and its potential to revolutionize a wide range of industries from finance and healthcare to real estate and supply chain management. Reports estimate that over $1.4 billion was invested in blockchain startups in 2016 alone, and many institutions and companies are forming partnerships to explore how blockchain ledgers and smart contracts can be deployed to manage and share data, create transactional efficiencies, and reduce costs.

While virtual currencies and blockchain technology in the financial services industry have been the subject of significant debate and discussion, blockchain applications that could transform the energy industry have received comparatively less attention. Every other week, the K&L Gates’ Blockchain Energizer will highlight emerging issues or stories relating to the use of blockchain technology in the energy space.

IN THIS ISSUE

  • Canada’s TMX Natural Gas Exchange to Test Blockchain
  • Banks and Traders Begin to Consider the Implications of a Shift to Blockchain-Powered Networks
  • CFTC Launches FinTech Initiative

To view more information on theses topics in Volume 5 of The Blockchain Energizer, click here.

K&L Gates Blockchain Energizer – Volume 4

By Molly Suda, Buck B. Endemann, and Ben Tejblum

There is a lot of buzz around blockchain technology and its potential to revolutionize a wide range of industries from finance and healthcare to real estate and supply chain management. Reports estimate that over $1.4 billion was invested in blockchain startups in 2016 alone, and many institutions and companies are forming partnerships to explore how blockchain ledgers and smart contracts can be deployed to manage and share data, create transactional efficiencies, and reduce costs.

While virtual currencies and blockchain technology in the financial services industry have been the subject of significant debate and discussion, blockchain applications that could transform the energy industry have received comparatively less attention. Every other week, the K&L Gates’ Blockchain Energizer will highlight emerging issues or stories relating to the use of blockchain technology in the energy space.

IN THIS ISSUE

  • Energy Companies Come Together to Fund a Blockchain Initiative for Energy
  • Blockchain-Powered Distributed Energy Projects Launch in the Netherlands and Germany
  • Blockchain as the Key to Platform-Based Electric Grids?

To view more information on theses topics in Volume 4 of The Blockchain Energizer, click here.

Massachusetts Utility Takes Novel Approach to Increased Electric Vehicle Infrastructure

By William M. Keyser, Molly Suda, Michael L. O’Neill

Offering a new approach on electric vehicles (EV) integration in the power grid, Massachusetts utility National Grid has proposed a “make ready” solution for EV charging stations in its service territory.  In essence, the utility proposes to prepare the infrastructure to support the development of EV charging stations but does not propose to own the charging infrastructure itself.  This approach may appease some of the opposition mounted in other states where utilities have sought to own both the infrastructure necessary to support EV charging stations and the charging stations themselves.  National Grid’s proposal is pending before the Massachusetts Department of Public Utilities (DPU).

If the DPU approves National Grid’s EV charging proposal, National Grid may take important steps in developing the infrastructure necessary to support Massachusetts’ planned expansion of the Commonwealth’s EV fleet.  And, if approved, this program allows the company to position itself as a leader in the race to integrate EVs into the electricity grid.

Read More

Teresa Hill To Speak at AWEA WINDPOWER 2017

Teresa Hill, Partner in K&L Gates’ Portland office, will be speaking at the AWEA WINDPOWER 2017 post-conference seminar The Evolving World of Corporate Wind Investment in Anaheim, California, on Thursday, May 25th at 1:30 p.m. PST at the Anaheim Convention Center. Teresa will speak on the panel Sealing the C&I Deal: Innovations, Challenges, and Opportunities in conjunction with Ted Romaine, Director of Origination, Invenergy LLC and Vanessa Miler-Fels, Energy Strategy & Research – Renewable Energy Strategist, Microsoft.  Teresa will focus on how to structure renewable agreements that satisfy both the non-utility buyer’s renewable goals and other organizational needs, and provide the developer a financeable revenue stream to support the renewable project.  

Senate Finance Committee Releases New technology-neutral Energy Credits Legislation

By Elizabeth C. Crouse and Mary Burke Baker

On Thursday, Senator Ron Wyden (D-OR), ranking member of the Senate Finance Committee, released new technology-neutral energy credits legislation that would revolutionize the existing Investment Tax Credit and Production Tax Credit provisions. The legislation features a graduated credit rate schedule based on the level of carbon emissions as compared to a carbon emissions baseline (keyed to “current” national average carbon emissions) that would be available without regard to technology or energy input. In a move that is consistent with cutting-edge energy innovations and responsive to the needs and concerns of many large power consumers and utilities, the credits would expressly be available for energy storage and carbon capture technology installed at power plants placed in service before January 1, 2019. Energy storage would include hydroelectric pumped storage, thermal storage, fuel cells, and–crucially–batteries, among others. Under Wyden’s legislation, the maximum credit rates would be 30% for the ITC and, for the PTC, 2.3 cents per kilowatt hour of electricity produced. In addition, the PATH Act “sunset” provisions on the PTC and ITC would be repealed and the proposal would temporarily extend other energy provisions during a transition period.

The proposed legislation would also create a technology-neutral clean fuel production credit, homeowner versions of the ITC, performance-based incentives for energy efficiency improvements to residential and commercial buildings, and clean energy bonds generally based on existing government bonds frameworks.

Although there are differences of opinion in the Congress on whether the tax code should offer energy incentives, Sen. Wyden’s proposal could come into play this year either as part of tax reform or the infrastructure debate.  Senate Democrats recently released a blueprint for infrastructure that includes technology neutral energy reform.

Members of the K&L Gates LLP policy group are closely monitoring this and other tax and energy regulatory reform matters.

 

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