Section 45V Tax Credit Implications for Nuclear & Clean Hydrogeny

Baker Botts L.L.P.
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Baker Botts L.L.P.

The U.S. Department of the Treasury Department and Internal Revenue Service newly released Section 45V hydrogen tax credit guidance now includes nuclear plants if certain criteria are met - unlocking up to $3/kg for clean hydrogen production. This is especially timely as we remember the life of President Jimmy Carter, who as architect of the 1978 National Energy Act laid the foundation for today's nuclear infrastructure.

The implications for hydrogen hubs in the U.S. are also substantial. While the Section 45V guidance aims to promote cleaner hydrogen production, it introduces challenges for U.S. hydrogen hubs by setting strict operational and temporal requirements for renewable energy use, influencing project economics, and necessitating strategic adjustments in response to evolving regulatory frameworks.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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