Tag: Solar Power

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Join us for a Webinar: COVID-19: Impacts on Solar Supply Chain
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Loose Lips Sink Ships: Public Statements and the Contractual Rights to Renewable Energy Credits in Solar Power Purchase Agreements
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Federal Court Rejects California Public Utilities Commission’s Re-MAT Program as Non-Compliant with PURPA

Join us for a Webinar: COVID-19: Impacts on Solar Supply Chain

Join us for a webinar on Tuesday, March 17, discussing the impact of COVID-19 on the solar supply chain. Industry leaders will be hosting a discussion on the impact of COVID-19 related measures on the solar supply chain. Moderated by K&L Gates’ Elizabeth Crouse, panelists will discuss the improving situation in Asia, the Europe travel ban, and concerns about labor and components availability in the United States, with an emphasis on (1) troubleshooting supply chain and development disruption now and as the global manufacturing industry comes back online, and (2) the broader impact of the pandemic on the American solar industry.

For more information and to register, please click here.

For more information on our response to COVID-19, please click here.

Loose Lips Sink Ships: Public Statements and the Contractual Rights to Renewable Energy Credits in Solar Power Purchase Agreements

By William H. Holmes and Kristen A. Berry

This post is one of a series of “practice tip” articles about renewable energy power purchase agreements.

There is a well-known Chinese proverb: “All problems derive from your big mouth.” These are words of wisdom for parties who are negotiating renewable energy PPAs.

In due diligence, we regularly come across on-site solar power purchase agreements (PPAs) that state that the seller is reserving all environmental attributes and selling only the project’s electricity to the buyer. This type of reservation is common in states like Maryland and Massachusetts, where environmental attributes may have a fairly high market value and may be monetized by the seller to make the project more marketable by effectively reducing the delivered price of electricity.  However, despite this environmental attribute reservation, these PPAs too often go on to say, quite expressly, that the buyer has the right to announce that it is using “solar energy” or “renewable energy” produced by the project.  This seemingly innocuous provision, intended to enable the buyer to brag about its renewable energy purchase, can create problems in PPAs where the seller also reserves environmental attributes.

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Federal Court Rejects California Public Utilities Commission’s Re-MAT Program as Non-Compliant with PURPA

By Buck B. Endemann, William M. Keyser, Molly Suda, and Toks A. Arowojolu

On Wednesday, December 6, 2017, the United States District Court for the Northern District of California (“the Court”) issued a decision in Winding Creek Solar LLC v. Peevey (“Winding Creek decision”),[1] finding that the California Public Utilities Commission’s (“CPUC”) Renewable Market-Adjusting Tariff (“Re-MAT”) program violated the federal Public Utility Regulatory Policies Act (“PURPA”). The Court also found that the CPUC’s “Standard Contract” for generators less than 20 MW failed to comply with PURPA, throwing into question the effectiveness and pricing associated with a significant amount of renewable energy generation currently under contract.

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