On August 1, 2016, the New York Public Service Commission approved the state’s plan to achieve fifty percent of its generation needs from renewables.  In so doing, New York joins a handful of other states (including California Hawaii and Vermont) with ambitious clean energy goals at or above the fifty-percent mark.

Continue Reading NY Approves Goal for 50% Renewable Energy by 2030

Today, the White House Council on Environmental Quality (CEQ) released final guidance for Federal agencies on how to consider the impacts of their actions on climate change in their National Environmental Policy Act (NEPA) reviews. The guidance is intended to help agencies make informed and transparent decisions about  the impacts of climate change associated with their actions.
Continue Reading White House Council on Environmental Quality Releases Final Guidance on Considering Climate Change in Environmental Reviews

from Washington Energy Report

On July 21, 2016, FERC issued a declaratory order related to a qualifying facility’s (“QF”) right to sell its capacity and energy pursuant to a legally enforceable obligation under the Public Utilities Regulatory Policies Act of 1978 (“PURPA”). Specifically, FERC held that: (1) regardless of whether a QF has previously sold its renewable energy credits (“RECs”) under a separate contract, a QF has the right to sell its output pursuant to a legally enforceable obligation (“LEO”), and (2) regardless of whether a QF has participated in a request for proposal, a QF has the right to obtain a LEO.
Continue Reading FERC Issues Declaratory Order on QFs’ PURPA Rights

From Washington Energy Report

On June 16, 2016, FERC revised the pro forma Large Generator Interconnection Agreement (“LGIA”) and the pro forma Small Generator Interconnection Agreement (“SGIA”) to require wind generators to design their facilities to be capable of providing reactive power at their points of interconnection as a condition of interconnection. As a result, going forward all newly interconnecting non-synchronous generators, including wind generators, must be able to provide reactive power as a condition of interconnection.
Continue Reading FERC Issues Rule Eliminating Exemptions for Wind Generators from Reactive Power Requirements

On May 5, 2016, the Internal Revenue Service (IRS) issued Notice 2016-31, which updates its prior guidance to reflect the extension of the beginning of construction deadline for the PTC and ITC made by the Protecting Americans from Tax Hikes Act of 2015 (the PATH Act).

Continue Reading IRS Updates “Beginning of Construction” Guidance to Reflect PATH Act Extension of the PTC and the ITC

A recent ruling in North Carolina highlights the importance to solar developers and non-profits in understanding the extent to which applicable state rules permit third-part sales of electricity or other PPA-type arrangements.
Continue Reading NCUC’s Ruling Finds Utility Watchdog Group in Violation of North Carolina Law for its Sale of Solar Power to Greensboro Church

From Washington Energy Report

On April 8, 2016, the Federal Energy Regulatory Commission (“FERC”), on voluntary remand from the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”), reaffirmed its approval of an exemption of up to 200 MW of renewable resources from ISO New England Inc’s (“ISO-NE”) minimum offer pricing rule (“MOPR”) in ISO-NE’s Forward Capacity Market (“FCM”). Barring further legal challenges, the renewables exemption will remain effective as of June 1, 2014.
Continue Reading FERC Reaffirms Renewables Exemption to ISO-NE MOPR on Voluntary Remand from the DC Circuit

On April 4, 2016, Maryland Governor Larry Hogan signed into law Senate Bill 323 (“SB 323”), the Reauthorization of the Greenhouse Gas Emissions Reduction Act, which requires Maryland to reduce statewide greenhouse gas emissions by 40 percent from 2006 levels by 2030. Going forward, Maryland’s Department of the Environment (“MDE”) is directed to propose an initial plan to meet the reduction goals, hold workshops to provide interested parties the opportunity to comment, and then adopt a final plan by the end of 2019.
Continue Reading Maryland Governor Reauthorizes Act with 40 Percent Greenhouse Gas Reduction Goal

Oregon governor Kate Brown has signed into law the popular Oregon Clean Electricity and Coal Transition Plan. This landmark piece of legislation, among other things, (i) completely phases out the supply of electricity from coal fired generation facilities for Oregon utility customers, (ii) increases the renewable portfolio standard in Oregon and (iii) establishes a community solar program statewide. 
Continue Reading Oregon Clean Electricity and Coal Transition Plan signed into law