Renewable Energy Insights

Analysis of recent news and developments affecting the renewable energy industry

On February 11, 2019, a group of seventeen Democrat United States Senators and Senator Bernie Sanders wrote a letter (the “2019 Letter”) to FERC Chairman Neil Chatterjee urging FERC to adopt a rule requiring Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”) to open their markets to participation of aggregated distributed energy resources (“DERs”). This 2019 Letter follows a previous, similar letter sent to then-Chairman Kevin McIntyre on May 23, 2018 by a group…
Below are summaries of the noteworthy decisions, laws and requirements impacting the commercial lending industry which occurred or took effect in 2018. Please feel free to contact us for additional information or details on any of the items listed below and/or to discuss whether updates to your loan documents may be needed to address the same. 1. New, Improved Rules for High Volatility Real Estate Loans On May 24, 2018, President Donald Trump signed into…
The first offshore wind facility, the Block Island Wind Project off Rhode Island, achieved commercial operation in 2016. Since then, development efforts have stalled, with developers abandoning[i] early stage projects unable to overcome permitting challenges. But a recent spate of record-breaking sales of offshore wind leases appears to indicate renewed optimism for the future of the industry in the United States. On December 14, 2018, three companies, Equinor, Mayflower Wind Energy (a joint venture…
Troutman Sanders Capital Projects & Infrastructure Partner, John Leonti, will moderate a panel providing insight into the future of renewable energy projects during the Projects and Money 2019 Conference at The Roosevelt New Orleans on January 14 – 16, 2019. Panel Description The Future of Renewables Wednesday, January 16, 2019 from 8:00 – 9:15am Renewables have chalked up an impressive growth record. Yet, the availability of PPAs is dwindling, tax incentives are scheduled to…
Troutman Sanders’ client, Alterra Power Corp. (Alterra), won the Renewable Energy M&A Deal of the Year award for its $1.1 billion acquisition by Innergex Renewable Energy Inc. (Innergex). Alterra is a diversified renewable power generation company based in Canada, and Innergex develops, acquires, owns and operates run-of-river hydroelectric facilities, wind farms, solar photovoltaic farms and geothermal power generation plants. Troutman Sanders LLP served as U.S. counsel to Alterra, with a team led by partners Tom
Troutman Sanders LLP has authored the 2019 Alternative Energy & Power Guide for Chambers and Partners. The firm’s Energy and Capital Projects & Infrastructure practices were asked by Chambers to be the exclusive contributor for the section. Associates Jamond Perry and Meghan Mandel and partners Christopher JonesAmie ColbyAnne DaileyBill DerasmoCliff Sikora, and John Leonti wrote and edited the guide. View the Alternative Energy & Power Guide here.
On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) dismissed challenges to the New York zero emission credit (“ZEC”) program, ruling that: (1) the ZEC program is not field preempted by the Federal Power Act (“FPA”) because the ZEC program is not expressly tied to wholesale market participation or prices; (2) the ZEC program is not conflict preempted because it does not intrude on federal goals; and (3) the…
NEW YORK – Con Edison Development, Inc., a subsidiary of Consolidated Edison, Inc. and one of America’s largest owners and operators of renewable energy infrastructure projects announced today its agreement to acquire a Sempra Energy subsidiary that owns 981 megawatts (MW) AC of operating renewable electric production projects, including its 379 MW AC share of projects that it owns jointly with Con Edison subsidiaries, and its development rights for solar production and battery storage projects.…
On August 24, 2018, the Rhode Island Public Utilities Commission (“PUC”) adopted an amended settlement in the Narragansett Electric Company (“National Grid”) rate case. The approved plan provides for an annual step increase over three years resulting in a cumulative $28.9 million rate increase for electric operations and a cumulative $17.4 million rate increase for gas operations. The Rhode Island PUC approved several Power Sector Transformation, Vision and Implementation Plan (“PST Plan”) initiatives proposed by National…
On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued an opinion reversing the decision of the Court of Federal Claims in Alta Wind I Owner-Lessor C, et al. v. U.S. The Federal Circuit held that goodwill and going concern value could attach to the assets of wind facilities that had not yet been placed in service and therefore that the Code Section 1060 residual method of allocating purchase price applied…