News & Analysis as of

Energy Projects Comment Period

Troutman Pepper

FERC Holds Workshop on Innovations & Efficiencies in Generator Interconnection Process, Seeks Comments

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On September 10 and 11, 2024, FERC staff held a two-day workshop at its headquarters in Washington, DC on opportunities to further refine the generator interconnection queue process. Panelists and FERC staff discussed...more

Greenbaum, Rowe, Smith & Davis LLP

BPU Seeks to Reevaluate NJ’s Solar Renewable Energy Credit Competitive Solicitation Incentive (CSI) Program

The New Jersey Board of Public Utilities (BPU) has scheduled a stakeholder meeting for Tuesday, September 17, 2024, for the purpose of receiving comments and input regarding the Competitive Solicitation Incentive (CSI)...more

Cadwalader, Wickersham & Taft LLP

Everything You Need to Know About Energy Tax Credit Sales

The Inflation Reduction Act of 2022 (the “IRA”) now allows firms to develop and sell clean energy tax credits.  ...more

Wilson Sonsini Goodrich & Rosati

CPUC Seeks Comments on Centralized Procurement Mechanism Impacting California Offshore Wind Development

On April 26, 2024, Administrative Law Judge Julie Fitch of the California Public Utilities Commission (CPUC) issued a ruling seeking comments on the use and implementation of a centralized procurement mechanism established in...more

Perkins Coie

Floating Offshore Wind in the Gulf of Maine—BOEM and the State of Maine Take Next Steps Toward Development and Procurement of...

Perkins Coie on

Marching toward its goal of deploying 30 gigawatts (GW) of offshore wind by 2030, the Bureau of Ocean Energy Management (BOEM) published on May 1, 2024, a proposed sale notice (PSN) to auction eight lease areas for commercial...more

Troutman Pepper

FERC Initiates Inquiry into Capacity Allocation on Non-Contiguous Pipeline Segments

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On March 21, 2024, FERC issued a Notice of Inquiry (“NOI”) seeking additional information on whether the Commission should continue to allow interstate pipelines to package “high value” capacity with non-contiguous and...more

Holland & Knight LLP

FERC Issues Notice of Inquiry to Update Rules on Allocating Interstate Pipeline Capacity

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In response to a Petition for Rulemaking filed on June 22, 2022 (Petition), the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Inquiry (NOI) on March 21, 2024, seeking additional information...more

Foley Hoag LLP - Energy & Climate Counsel

New York’s Inflation Reduction Act “Surplus” and How to Expand Distributed Solar Beyond 10 Gigawatts

The New York Public Service Commission (“PSC”) is considering recommendations by the New York State Energy Research and Development Authority (“NYSERDA”) to use existing NY-Sun Program funding to deploy distributed solar...more

Holland & Knight LLP

Breaking Down the Section 45V Clean Hydrogen PTC Proposed Regulations

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The U.S. Department of the Treasury and the IRS on Dec. 22, 2023, released proposed regulations regarding the production tax credit (PTC) for hydrogen under Section 45V of the Internal Revenue Code, as enacted by the...more

A&O Shearman

Treasury’s Proposed Regulations on Energy Property and the Energy Investment Tax Credit

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Among other things, the proposed regulations would: Below is a more detailed summary of the key provisions in the proposed regulations as well as our initial observations. The IRS will collect comments until January 22, 2024,...more

Holland & Knight LLP

Section 48 Proposed Regulations Detail Treatment of Qualified Biogas Property

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The U.S. Department of the Treasury on Nov. 17, 2023, issued proposed regulations (Proposed Regulations) regarding the investment tax credit (ITC) under Section 48 of the Internal Revenue Code (Code) that, following passage...more

Holland & Knight LLP

New York Drafts Policy for Evaluating Permitting Impacts on Disadvantaged Communities

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New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more

Holland & Knight LLP

Treasury, IRS Issue Proposed Regulations on IRA Prevailing Wage and Apprenticeship Requirements

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Ten months after the release of initial guidance, the U.S. Department of the Treasury and IRS on Aug. 29, 2023, issued proposed regulations regarding increased credit or deduction amounts available for taxpayers satisfying...more

Morrison & Foerster LLP - Government...

Proposed Sustainable Procurement Rule Would Streamline Existing Environmental Regulations And Clarify FAR Part 23

The Federal Acquisition Regulation (FAR) Council published on August 3, 2023, a proposed “Sustainable Procurement” rule that reorganizes FAR Part 23 for clarity, moves subparts unrelated to sustainability or material safety...more

Latham & Watkins LLP

BOEM Floats Proposal to Modernize Offshore Wind Regulations

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A new proposal aims to streamline the process for permitting and developing offshore renewable energy projects and reduce costs to developers. On January 30, 2023, the Bureau of Ocean Energy Management (BOEM) published a...more

Holland & Knight LLP

Bureau of Ocean Energy Management Proposes Amendments to Modernize Offshore Wind Regulations

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The U.S. Department of the Interior's Bureau of Ocean Energy Management (BOEM) published a proposed rule to update regulations for the development of offshore wind energy resources, found at 30 C.F.R. Part 585.1 The...more

Downey Brand LLP

California Energy Commission Releases Draft Permitting Roadmap for Offshore Wind Development and Report on Economic Benefits of...

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The California Energy Commission (CEC) recently released drafts of two key work products required by AB 525: a Conceptual Permitting Roadmap and a Report on the Preliminary Assessment of Economic Benefits of Offshore Wind...more

Holland & Knight LLP

EPA Moves Ahead on Green Bank: Opportunity to Weigh In Is Now

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The Inflation Reduction Act (IRA) authorized the Greenhouse Gas Reduction Fund (GGRF), a $27 billion clean energy deployment bank housed at the Environmental Protection Agency (EPA). The GGRF is the largest single pot of...more

Littler

New Federal Tax Credits Require Compliance with New Prevailing Wage and Apprenticeship Mandates on Clean Energy Construction

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On August 16, 2022, President Biden signed into law the Inflation Reduction Act (IRA) of 2022. Among many other provisions, the IRA contains a new federal 30% tax credit for private construction, alteration or repair of...more

Wiley Rein LLP

Treasury Requests Comments for Upcoming Guidance on Energy Tax Benefits in the Inflation Reduction Act

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The U.S. Treasury Department (Treasury) and the Internal Revenue Service (IRS) published six notices on October 5, 2022, requesting comments on various provisions in the Internal Revenue Code (Code) related to energy tax...more

Pierce Atwood LLP

USFWS Proposes General Permits for Wind and Powerline Projects That May Disturb Bald Eagles

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In today’s Federal Register, the U.S. Fish and Wildlife Service (USFWS or Service) proposed the creation of general permits for bald and golden eagle incidental takes that would be available to qualifying wind energy...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2022

Senate Scrambles Ahead of Summer Escape. While members of the U.S. House of Representatives returned home for the August congressional recess, the U.S. Senate remained in Washington, D.C., this week to wrap up some...more

Orrick, Herrington & Sutcliffe LLP

FERC Proposes Overhaul of Generator Interconnection Process to Address Queue Backlogs

On June 16, 2022, the Federal Energy Regulatory Commission issued a notice of proposed rulemaking (NOPR) to reform its standard large generator interconnection procedures and pro forma interconnection agreement to address the...more

Bricker Graydon LLP

Attention Ohio energy developers: Ohio Power Siting Board issues proposed rule revisions

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On June 16, 2022, the Ohio Power Siting Board (“Board” or “OPSB”) issued a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The Order culminates a...more

Parker Poe Adams & Bernstein LLP

Excitement Builds Around Offshore Wind in North Carolina

On April 29, 2022, BOEM published a Call for Information and Nominations (Call) for six distinct areas in the Central Atlantic comprising almost 3.9 million acres, which are shown on the map below. BOEM will consider...more

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