Energy, Climate Change and Cleantech

Connecticut Utilities File Proposed ZREC / LREC Solicitation Plans

Wed, 14 Dec 2011 11:33:51 -0500

On December 9, The Connecticut Light and Power Company and The United Illuminating Company (Connecticut’s two electric utilities) filed plans with the Public Utilities Regulatory Authority to acquire zero emission renewable energy credits (ZRECs) and low emission renewable energy credits (LRECs) under Public Act 11-80, Connecticut’s comprehensive energy reform legislation enacted last summer. The joint filing envisions a Request For Proposals (RFP) process for 15-year utility contracts for the purchase of ZRECs from solar, wind and some hydro facilities, and LRECs from fuel cells and biomass facilities. The filings also include the proposed RFP and proposed purchase contract.

To learn more, please click here.

Merchant Power Regulatory Roulette

Howard L. Siegel (hsiegel@brownrudnick.com) — Tue, 4 Oct 2011 15:46:22 -0400

In this article from The Hedge Fund Law Report, Brown Rudnick partner Howard L. Siegel discusses the impending, highly contested and still spinning EPA "Train Wreck" rules and forward capacity market pricing contests. The article also addresses the potential impact of those regulatory actions on billions of dollars of merchant power debt tied to aging, largely coal-fired power plants already subject to escalating financial stress.

To learn more about this topic, please read the article Merchant Power Regulatory Roulette on our website.

Power Plant Sale-Leaseback Debt Restructuring: Navigating the Multi-Dimensional Battleground

Howard L. Siegel (hsiegel@brownrudnick.com) — Thu, 15 Sep 2011 11:16:21 -0400

In this article from Bloomberg Law Reports, Brown Rudnick Partner Howard Siegel discusses sale-leaseback financing, and how many U.S. coal-fired power plants face distinct debt restructuring challenges in the current merchant power market. In this article, Mr. Siegel maps out the multi-dimensional battleground for those sale-leaseback debt investors seeking to navigate the territory for opportunities. As you will learn, there are significant risks and rewards to be had in assessing how inter-related regulatory, commodity, energy, and environmental factors will impact plant value. The complexity of that exercise, and the associated risks and rewards, are likely to be even greater for debt investors in the sale-leaseback milieu.

Please click here to view the full article.

Connecticut’s Energy Bill Re-energizes Energy Efficiency Programs

Wed, 22 Jun 2011 11:02:59 -0400

Connecticut’s recently-passed energy reform bill, SB 1243, which combines the State’s environmental and energy agencies into a new Department of Energy and Environmental Protection (DEEP), includes major new and revamped programs to promote energy efficiency. Combined with existing federal and Connecticut incentives and other programs, the new law creates significant opportunities for energy efficiency developers, contractors and consultants, as well as for building owners.

For more information, please click here.

Connecticut Energy Reform Legislation: Summary of SB 1243

Fri, 17 Jun 2011 10:25:23 -0400

On June 7, the Connecticut legislature passed a sweeping energy reform bill. This Alert discusses two important aspects of the bill. First, the bill makes significant changes to Connecticut’s energy and environmental regulatory structure to enhance energy policy and economic development. Second, the bill strongly promotes and incentivizes the development of clean energy and energy efficiency projects.

To learn more, please click here.

Connecticut Revamps Incentives for Solar Power and Other Renewable-Energy Sources

Fri, 17 Jun 2011 10:22:35 -0400

Connecticut’s energy-reform bill, which passed the Legislature on June 7, provides significant incentives for commercial and residential solar-power generation and other renewable and low-emissions power sources. While the new law has gained attention for folding the Department of Public Utility Control and Department of Environmental Protection into a new Department of Energy and Environmental Protection (DEEP), it also reorients the State’s energy priorities to promote profitable development of clean energy. Combined with existing Connecticut and federal clean-energy incentives, the new programs expand business opportunities for owners, developers and generators of clean and renewable power sources.

To learn more, please click here.

FERC Issues Significant Decision for Energy Storage Regarding Pay-For-Performance Tariffs

Andrew O. Kaplan (akaplan@brownrudnick.com) — Thu, 7 Apr 2011 14:47:11 -0400

The Federal Energy Regulatory Commission (FERC) has proposed new rules that would compensate regulation energy storage technologies based on the benefits they provide to the electric grid. FERC's decision to propose new pay-for-performance market rules indicates the Commission’s continuing support of the energy storage marketplace and will encourage additional investment in technologies that can be used to regulate the grid quickly and accurately.

Deadline to Submit Comments: FERC has requested that all interested parties submit comments on its proposed rules by May 2, 2011.

Please click here for a PDF of this alert.

Clean Energy Contracting with the Government: A New Era for Government Funding

Mon, 30 Aug 2010 11:00:29 -0400

The ramifications of the Gulf oil spill on the Gulf of Mexico and surrounding ecosystems have created a new focus on federal government funding to support green alternatives for the sustainable energy community.

Kenneth B. Weckstein and Michael D. Maloney, members of Brown Rudnick's Government Contracts & Litigation Group, discuss the opportunities and challenges that cleantech companies face in federal government contracting matters. In this article published in Bloomberg's Sustainable Energy Report, they highlight the "Ten Things You Need to Know as a Government Contractor."

To learn more, please read the article Clean Energy Contracting with the Government: A New Era for Government Funding on our website.

Net Metering to Promote Solar & Wind Energy in Massachusetts

Fri, 2 Apr 2010 12:24:09 -0400

Under the Green Communities Act enacted by the Massachusetts legislature in 2008, the Department of Energy Resources and the Department of Public Utilities were directed to undertake certain actions to promote the development of renewable energy. A previous Alert describes the creation of the Solar Renewable Energy Certificate (S-REC) program as a subset of the Renewable Portfolio Standard (RPS) requirements in Massachusetts, which is intended to create a floor price of $3001 per megawatt hour for solar generation that developers can literally "take to the bank" to allow for the financing of solar projects.

For more information, please click here.

Promoting Certainty and Stability for Power Contracts

Phili Small (psmall@brownrudnick.com) & Franca DeRosa (fderosa@brownrudnick.com) — Fri, 22 Jan 2010 12:17:57 -0500

On January 13, 2010, the U.S. Supreme Court issued an 8-1 decision in NRG Power Marketing v. Maine Public Utilities Commission, holding that noncontracting parties challenging rates in energy contracts must demonstrate that the rates are unjust and unreasonable because they seriously harm the public interest. The Supreme Court’s decision reversed the U.S. Court of Appeals for the District of Columbia Circuit, which held noncontracting third parties to a less burdensome standard.

For more information, please click here.

Massachusetts and Solar RECs

John W. Wadsworth (jwadsworth@brownrudnick.com) — Fri, 13 Nov 2009 15:09:04 -0500

Massachusetts has for several years had a rebate program for solar installations which provided a generous subsidy for small solar installations, roughly half the capital cost of installation. That program has recently expired.

For more information, please click here.

SOLAR ENERGY FUNDING OPPORTUNITIES IN THE AMERICAN REINVESTMENT AND RECOVERY ACT

Mon, 29 Jun 2009 10:22:07 -0400

The Obama Administration recently announced the availability of over $467 million from the American Reinvestment and Recovery Act ("Recovery Act") "to expand and accelerate the development, deployment, and use of geothermal and solar energy throughout the United States." The U.S. Department of Energy ("DOE") will dedicate $117.6 million of the Recovery Act funds for the development and commercialization of solar energy technology. These funds will complement ongoing private sector research activities currently funded under the DOE’s Solar Energy Technologies Program ("SETP") and will establish new national and local solar energy programs of interest to commercial entities.

For more information, please click here.

THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009: Grants in Lieu of Tax Credits for Renewable Energy

Mon, 29 Jun 2009 10:09:04 -0400

The American Recovery and Reinvestment Act of 2009 (the "Act") contains several provisions intended to provide incentives to developers and producers of renewable energy. Perhaps the most attractive renewable energy incentive in the Act is Section 1603, which allows taxpayers to elect to receive a grant, rather than a tax credit, when "specified energy property" is placed in service (the "Grant Program").

For more information, please click here.

New Inflow and Infiltration Reduction Payment Ruling

jwadsworth@brownrudnick.com (John W. Wadsworth) — Fri, 29 May 2009 11:15:28 -0400

A recent Massachusetts Superior Court case looked at whether requiring developers to make certain payments for the purpose of improving a municipal sewer system amounted to an impermissible tax, and not a permitted fee. The Court determined, in a case involving the Town of Saugus, that Inflow and Infiltration (I/I) reduction payments, which had to be made by parties in order to secure sewer connection permits and which were only imposed on new developments, were a tax and not a fee. The Court struck down the payment scheme since in Massachusetts, taxes can only be imposed in accordance with certain statutory requirements.

For more information, please click here.

Brown Rudnick Attorney Earns LEED Accreditation from U.S. Green Building Council

Tue, 14 Apr 2009 12:28:24 -0400

Brown Rudnick LLP, an international law firm, today announced that Jason A. Mahler, an Associate in the Firm’s Real Estate Group, has been certified as a Leadership in Energy and Environmental Design Accredited Professional (LEED AP) by the U.S. Green Building Council (USGBC). By earning Accredited Professional status, Mr. Mahler joins only 16 other attorneys in Massachusetts and fewer than 320 in the country with this accreditation.

For more information, please click here.

Power generator seeks state solution to RGGI lawsuit

jwadsworth@brownrudnick.com (John W. Wadsworth) — Tue, 14 Apr 2009 12:23:45 -0400

A firm suing New York for adopting RGGI wants to work with the state to resolve a rate dispute. Indeck Energy, owner of a combined-cycle power plant in New York, filed a lawsuit on 9 January challenging state officials’ authority to require it to comply with caps set by the Regional Greenhouse Gas Initiative (RGGI), a mandatory cap-and-trade programme in 10 northeastern states.

For more information, please click here.

A Call for Revolution

jwadsworth@brownrudnick.com (John W. Wadsworth) — Tue, 14 Apr 2009 12:19:54 -0400

The current economic crisis has sometimes been compared to the Great Depression. While that may be an exaggeration, the challenges that we face are enormous, and our situation is not unlike when FDR assumed the presidency. Today, we face a global economic meltdown which may alter our economic dominance. We face drastic swings in energy prices, but know that high prices will return. We face challenges from countries empowered by treasuries engorged by high oil prices. We face relentless increases in carbon dioxide levels, but live in the only country which hasn't figured out that climate change will be a disaster.

For more information, please click here.

Brown Rudnick Represents Acme Telepower Group in World’s Largest Pem Fuel Cell Supply Agreement

Tue, 7 Apr 2009 14:52:02 -0400

Brown Rudnick, an international law firm, represented the ACME Group (“ACME”), a leader in the field of innovative infrastructure solutions for the wireless telecom industry, in connection with a high volume fuel cell supply agreement with IdaTech plc (“IdaTech”) and Ballard Power Solutions, Inc (“Ballard”). The natural gas reformed fuel cell systems will provide ACME with 10,000 5kW fuel cell systems -- with an option for another 20,000 -- for exclusive distribution within India and for telecom backup power applications in countries in the Middle East and Africa, excluding South Africa. The systems will provide ACME’s customers with a more economic, reliable and environmentally acceptable product. If all 30,000 units are ordered, it is believed to be the largest supply agreement signed by any PEM fuel cell company.

For more information, please click here.

U.S. Environmental Protection Agency Issues Regulations for Carbon Emission Reporting

Mon, 6 Apr 2009 12:43:19 -0400

In what is likely a first step toward developing comprehensive carbon emissions controls, the U.S. Environmental Protection Agency (“EPA”) recently issued proposed regulations for a mandatory federal greenhouse gas reporting program. Pursuant to the 2008 Consolidated Appropriations Act, which instructs the EPA to require mandatory reporting of greenhouse gas emissions in all sectors of the economy, the regulations would cover 85-90% of total U.S. emissions and affect approximately 13,000 large industrial facilities. While regulations for measuring and reporting carbon emissions do not have the effect of reducing carbon emissions, any future program, such as cap and trade or a carbon tax, will need this data in order to be implemented effectively.

For more information, please click here.

Big-Box Retailing Goes Green

jwadsworth@brownrudnick.com (John W. Wadsworth) — Thu, 2 Apr 2009 10:13:53 -0400

‘Going green’ is a concept transforming business-as-usual in industry sectors across the country, and Massachusetts Governor Deval Patrick wants to bring it to a store near you. On November 20, 2008, Governor Patrick set two new energy efficiency goals with major implications for commercial real estate development: making all new malls and “big- box” retail stores powered in part by solar energy by 2010 and creating a super-efficient building code that municipalities may adopt.

For more information, please click here

Brown Rudnick Represents India Cleantech Company, The Acme Group, In 1,000 Mw Solar Energy Deal

Fri, 6 Mar 2009 16:01:24 -0400

Brown Rudnick, an international law firm, represented the ACME Group (“ACME”), a provider of energy, environmental, and telecommunications infrastructure solutions in India, in the company’s solar energy deal with eSolar. Under the agreement, eSolar signed an exclusive license agreement with ACME to build up to 1,000 MW of solar thermal power plants in India over the next ten years. The deal specifies that ACME will use eSolar's modular, scalable solar power technology for the project, and that ACME is open to work with other companies looking to build solar plants using eSolar's technology. Additionally, ACME will make a multi-million dollar equity investment in eSolar.

For more information on this, please click http://www.brownrudnick.com/nr/pdf/press/Brown Rudnick Represents ACME in Solar Deal.pdf