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The New Gold Standard for Building Performance - PEER

Posted by Administrator on 7/19/16 10:20 AM

Co-authors Jeffrey M. Karp and Morgan M. Gerard 

Electricity-grid vulnerabilities were deeply exposed in the wake of Superstorm Sandy and its associated storm surge, as a single outage at a substation caused a sweeping black-out across downtown Manhattan, New York. Making matters worse, climate change science anticipates that future storms will be both stronger and more frequent.  To facilitate and improve the security, resiliency, and reliability of the macrogrid system, the U.S. Green Building Council (USGBC) has developed PEER, Performance Excellence in Electricity Renewal, the nation’s first comprehensive, consumer-centric, data-driven tool for evaluating power system performance. 

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Topics: Distributed Energy, Renewable Energy, United States Green Building Council, USGBC, LEED, Resiliency, Performance Excellence in Electricity Renewal, PEER

Hedging with Distributed Renewable Generation Sources in Times of Fossil Fuel Price Volatility

Posted by Jeffrey Karp on 3/11/16 2:20 PM

Co-author Morgan M. Gerard

Until very recently, mainstream power purchasers have not viewed renewable energy as a reliable hedge against other energy sources, mostly because the costs associated with constructing or purchasing the output of renewable energy systems were very high. However, renewable energy generation systems are increasingly being viewed by large and small consumers alike as a viable hedge against fossil fuel price volatility.

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Topics: Distributed Energy, Solar Energy, Renewable Energy, Distributed Generaton, Wind Energy, Grid Parity, Natural Gas, Volatility, Natural Gas Volatility, Electricity Price

Solar Storm- Net Metering in Nevada

Posted by Jeffrey Karp on 1/29/16 2:13 PM

Co-author Morgan M. Gerard

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Topics: Distributed Energy, Solar Energy, ITC, Net Metering, Net Energy Metering, Investment Tax Credit, NEM, DG, Distributed Generaton, rooftop Solar, Rooftop PV, NPUC, Solar Rooftop, Solar Roof, Nevada, NV Energy, Net Metering Battle, Nevada Public Utilities Commission

New York City Examines Issues Facing Rooftop Solar

Posted by Administrator on 1/20/16 11:39 AM

The New York City Council is considering a breakthrough bill to mandate installation of solar power systems on all municipal buildings.  The Big Apple in many ways has already taken the initiative and adopted policies to promote cleaner air and combat the local greenhouse gas emissions that contribute to climate change. To this end, the de Blasio administration has articulated the goal of reducing greenhouse gas emissions by 80 percent by 2050.  Merrill L. Kramer recently testified at a hearing on the bill where he applauded the Council’s initiative, but also discussed the private market challenges facing roof-top solar that may hinder the Mayor in achieving his carbon reduction goals.  Particularly, Mr. Kramer identified delays and bottlenecks at the Department of Buildings (DOB) and New York City Fire Department (FDNY) for obtaining permit approvals, and the lack of a "one-stop shop" decision-making authority to identify problems and implement processes for streamlining permitting.  Mr. Kramer highlighted the manual review process for solar permit applications as the single largest obstacle to deploying roof-top generation, causing delays for projects already on a tight timeline. The State of New York offers city residents a property tax abatement for the value of their panels, which expires at the end of the year. 

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Topics: Distributed Energy, Solar Energy, New York City, DG, DER, Distributed Generaton, New York City Solar, New York Solar, rooftop Solar, Rooftop PV, new york city rooftop solar

New York Seeks Value for Distributed Energy and Reevaluates Net Metering

Posted by Jeffrey Karp on 1/7/16 12:02 PM

Co-author Morgan M. Gerard

On December 23rd, 2015, The New York State Public Service Commission (NYPSC) issued a Notice under which it is soliciting comments concerning the value that Distributed Energy Resources (DERs) contribute to the distribution grid system. It is also soliciting feedback on a successor methodology to its current Net Energy Metering (NEM) policy that will help drive development in the interim. Both of these issues are being tackled by the NYPSC as part of New York’s broader Reforming the Energy Vision (REV) initiative.

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Topics: NY REV, Microgrid, Distributed Energy, Distributed Energy Resources, Net Energy Metering, Reforming the Energy Vision, NEM, DG, DER, value of D, Distribution, New York Public Service Commission, Distributed Generation, LMP+D

2015 Year in Review - Renewable Energy in the U.S.

Posted by Jeffrey Karp on 12/23/15 3:33 PM

Co-author Morgan M. Gerard

Despite the low price of oil throughout the year, 2015 may have been an inflection point for renewable energy as a competitive generation source in the U.S. Deutsche Bank has noted that renewable sources, like solar, have reached, or will soon reach, grid parity with fossil fuel sources in many states. As non-fossil energy has become more economically viable, the industry has responded by standardizing and streamlining project processes, and by accessing financing vehicles like yieldcos and public bonds. Despite growth, the past year has also been a tumultuous one full of unexpected developments and policy shifts including the COP 21 agreement and the Clean Power Plan (CPP), and the formation of intriguing grassroots coalitions, like the green tea party. All of these developments were, of course, set against the specter of a potential step-down of the Investment Tax Credit (ITC), and its surprising last-minute revival. The following is a breakdown of some of the major developments impacting renewables in 2015.

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Topics: NY REV, Energy Policy, Energy Finance, Distributed Energy, YieldCo, Solar Energy, Renewable Energy, Wind, COP21, Renewable Energy 2015, Distributed Energy Resources, CPP, Green Tea Party, Net Metering, Net Energy Metering, NEM, DG, Energy Project Finance, Renewable 2015, Green Energy, Green Energy 2015, Solar Energy 2015, DER, Offshore Wind, Clean Power, clean power plan, Georgia Solar, 2015, energy, Wind Energy, Energy Project, Green 2015, California DRP

California’s Net Metering Rates Preserved, but Debate over the Value of Solar is Ongoing

Posted by Jeffrey Karp on 12/16/15 1:17 PM

Co-author Morgan M. Gerard

Many of the polices that helped enable the proliferation of rooftop solar installations in California, specifically net metering at the retail rate of electricity, have been preserved by the state’s Public Utilities Commission (CPUC), at least for the time being.  Although net metering has come under fire in recent years, the Commission in a proposed decision issued this past Tuesday, sided with the solar industry despite utility claims that rooftop generators are overcompensated for their electricity, and do not share in covering the maintaining costs of the grid.   

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Topics: Energy Policy, Distributed Energy, Solar Energy, Renewable Energy, Net Metering, Net Energy Metering, California Public Utilities Commission, NEM, CPUC, DG, Time of Use Pricing, TOU, Distributed Generaton, Distributed Resource Plans, DRP

Managing Grid Security in a Distributed Energy Environment

Posted by Jeffrey Karp on 11/24/15 10:49 AM

Historically, utilities have shouldered the burden of mitigating the security risks inherent in energy generation, distribution and transmission. The utilities were, and continue to be, well-placed to do so as they benefit from historical knowledge, existing relationships with regulators and grid operators, large and highly-trained workforces and, perhaps most importantly, the ability to rate base. Although the nature of risks has evolved over the years, with terror threats and privacy concerns added to the list of conventional risks like weather events, traditional utilities have been up to the task with a few noteworthy exceptions.

However, the traditional model of energy generation and distribution is in midst of an evolution that, arguably, could be more impactful to the U.S. grid than deregulation has been. Even in competitive generation markets, retail interaction with customers has been handled almost exclusively by the utility as an energy aggregator with the ability to rate base. Places like New York are now serving as the test labs for alternate models as regulators there have been shifting their gazes toward distributed generation models where smaller, independent entities would drive power supply through resources co-located, or else located in proximity, with end users.

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Topics: Utilities, NY REV, Power Generation, Microgrid, Energy Finance, Distributed Energy, Energy Management, Solar Energy, Renewable Energy

Discussing the Investment Tax Credit- Panel at MDV-SEIA’s Solar Focus

Posted by Jeffrey Karp on 11/23/15 10:37 AM

I moderated a panel at MDV-SEIA’s Solar Focus event to discuss what is arguably the hottest, most impactful topic in the solar space today – the Investment Tax Credit (ITC), and specifically, its scheduled step-down at the end of calendar year 2016.

The ITC is a controversial topic. Arguably, and while this is probably not a popular opinion among readers of this page, the 30% ITC may have run its (very successful!) course. Hardware and install prices have plummeted in recent years. Traditional capital markets are being accessed through bond offerings and YieldCos. Even stodgy holdout utilities in the southeast are becoming more active in the solar space. More solar has been built in recent quarters than any other generation type.

And yet . . . solar remains a small part of the overall generation mix, and many states, including those with great insolation numbers, remain untapped markets. Some have estimated that up to one hundred thousand jobs might be in jeopardy if the step-down occurs. An ongoing 30% ITC would make it easier for many states to comply with their potential Clean Power Plan (CPP) obligations. The U.S. is arguably at the cusp of a real shift in its energy mix that might be delayed, if not derailed, if the credit is not extended.

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Topics: Energy Policy, Structured Transactions & Tax, Energy Finance, Legislation, Distributed Energy, YieldCo, Solar Energy

Are Seesaw Share Prices Impacting YieldCo Buying Power?

Posted by Jeffrey Karp on 11/12/15 11:57 AM

YieldCos have been hammered lately, both in the stock market (though things have recently been picking up) and in the press. The reasons are myriad with theories addressing MLP values, rising interest rates, negative public statements from management teams, a slowing Chinese economy, lower oil prices, capital constraints and YieldCo disassociation from parents entities all being floated as potential reasons for recent losses in shareholder value.

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Topics: Energy Policy, M&A, Structured Transactions & Tax, Power Generation, Energy Finance, Distributed Energy, YieldCo, Solar Energy, Renewable Energy

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The Environment & Energy Insights blog analyzes developments in the law, as well as provides updates and perspectives on trends and polices.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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