A Victim Of Its Own Success? Jordan Re-evaluates Its Power Generation Strategy
Jordan’s approach to the development of renewable energy generation infrastructure has long been regarded as a template for other governments in the region.
End User of Electricity Forward Contract Found Not To Be Forward Contract Merchant Under Bankruptcy Code Safe Harbor Provisions
On January 15 th , 2019, the U.S. Bankruptcy Court for the Northern District of Ohio held that the end user of an electricity forward contact was not entitled to the benefits of the safe harbor provisions under Section 556...
9 Takeaways From Inframation’s Infrastructure Investors Forum Latin America 2018
On November 1, 2018 Inframation held its first-ever gathering in New York City of some of the main investors, advisors and funders active in Latin American infrastructure. We commend Inframation for creating a convivial atmosphere, as well as a forum...
Corporate Procurement of Renewable Energy
On May 10, 2018, Partner Jessica Adkins and Associate Paul McBride gave the following presentation at the May luncheon for the Houston chapter of the Gulf Coast Power Association (GCPA). Their presentation focused on corporate purchasers as the driving force for the development of new renewable energy projects and key offtake structures available to generators when working with these corporate counterparties.
Doubling Down on Bid Compliance
On May 8, 2018, Senior Counsel Simon Stevens gave the following presentation at the Middle East Solar Industry Association’s (MESIA) Solar Industry Briefing & Networking event in the Kingdom of Saudi Arabia. His presentation examines a case study for bid compliance within Saudi Arabia.
Court Provides Further Clarity Regarding Scope of FERC’s Enforcement Authority
On March 30, 2018, the U.S. District Court for the Southern District of Ohio issued an opinion granting in part and denying in part motions to dismiss the Federal Energy Regulatory Commission’s (“FERC”) action seeking to enforce its assessment of civil penalties against Coaltrain...
FERC Orders Primary Frequency Response Without Compensation
On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) revised its regulations to require all newly interconnecting generation facilities to install, maintain, and operate equipment capable of providing primary frequency response as a condition of interconnection...
FERC Eases Barriers for Electric Storage Resources to Participate in Wholesale Markets
On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) adopted a final rule (“Order No. 841”) [1] that facilitates the direct participation of electric storage resources in centralized markets operated by Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”)...
Holmstead Testimony on NSR Reform
On February 14, Environmental Strategies Partner Jeff Holmstead testified before the House Committee on Energy and Commerce on the need to reform EPA’s New Source Review (NSR) program. As the former head of EPA’s Air Office, Holmstead argues that thoughtful reform can preserve the benefits of the NSR program while substantially reducing the burden that it imposes on U.S. industry.
Petition Requests FERC Clarify State Treatment of Battery Storage QFs Under PURPA
In a December 14, 2017 filing (“Petition”), [i] developers of several battery storage projects in southern Idaho (“Franklin Storage Facilities”) seek a declaratory order and enforcement action from the Federal Energy Regulatory Commission (“FERC”) against the Idaho Public Utilities Commission (“Idaho PUC”) pursuant to the Public Utility Regulatory Policies Act of 1978 (“PURPA”)...
The Tax Cuts and Job Acts: Its Impact on the Energy Industry Webinar
Learn about the TCJA provisions that are most relevant to the the energy industry, as well as how the reform affects business taxes, financing transactions and renewable energy credits. The Tax Cuts and Jobs Act - Its Impact on the...
Tax Reform: Renewable Energy
Liam Donovan, of Bracewell’s Tax Group, tackles the topic of Renewable Energy Credits in this presentation. He will discuss the outlook for energy credits and changes in the business tax regime impacting the value of energy credits.
FERC Asserts Right to Impose Retroactive Surcharges
Historically, Sections 205 [1] and 206 [2] of the Federal Power Act (“FPA”) have been viewed as authorizing the Federal Energy Regulatory Commission (“FERC” or the “Commission”) to order refunds when a rate has been suspended and placed in effect subject to refund pursuant to Section 205 or a refund effective date...
Boost for Renewables Transmission: DOE Transmission Siting Authority Upheld
Over the last several years, Clean Line Energy Partners LLC has been pursuing development of long-haul high-voltage direct current (HVDC) transmission lines, primarily to deliver energy created by wind and other renewables in lower populated areas to high-demand areas of the country. In 2016, the U.S. Department of Energy selected...
CFTC Annual Enforcement Update
On November 22, 2017, the Commodity Futures Trading Commission (“CFTC”) released its annual enforcement report for fiscal year 2017. As in previous years, this year’s report highlights the agency’s continued commitment to enforcement and aggressive pursuit of those viewed as engaging in conduct that undermines the integrity of...