On Sept. 16, 2022, the Department of Commerce (DOC) issued its final rule effectuating a two-year moratorium on tariffs on certain solar cells and modules exported from Cambodia, Malaysia, Thailand and Vietnam.

As discussed in McGuireWoods’ June 7, 2022, alert, “President Biden Orders Tariff Exemption for Solar Panels,” President Biden’s Proclamation 10414 issued on June 6, 2022, declared an emergency and authorized the Secretary of Commerce to allow the importation of solar cells and modules exported from Cambodia, Malaysia, Thailand and Vietnam for up to two years.
Continue Reading Department of Commerce Issues Final Rule Imposing Tariff Moratorium for Solar Panels

On Aug. 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (IRA), which includes new and revised tax incentives for clean energy projects. The IRA extends and significantly modifies the federal tax credits available for wind energy projects. This alert provides a summary for the wind industry. Additional alerts will provide summaries of the IRA focused on other clean energy technologies.
Continue Reading Inflation Reduction Act Extends and Modifies Tax Credits for Wind Projects

Debtors in bankruptcy have broad authority to shed unfavorable contracts through the executory contract rejection process, subject to approval of the bankruptcy court. The Federal Energy Regulatory Commission (FERC), on the other hand, has exclusive jurisdiction over any request to modify or abrogate a “filed rate” under the Federal Power Act and the Natural Gas Act, which includes certain power purchase agreements and natural gas transportation contracts. For years, debtors and distressed counterparties faced uncertainty as to whether a bankruptcy court’s rejection order could fully relieve the debtor from performing under a filed-rate contract or if further relief from FERC (potentially applying the stringent “public interest” standard set out in the Mobile-Sierra line of cases) may be necessary to excuse future performance.
Continue Reading More Courts Reject FERC’s Jurisdictional Claims in Battle Over Rejection of Filed-Rate Contracts in Bankruptcy

On July 27, 2022, U.S. Senate Majority Leader Chuck Schumer (D-N.Y.) and Sen. Joe Manchin (D-W.V.) introduced the Inflation Reduction Act of 2022, which proposes new and revised tax incentives for clean energy. The bill incorporates many, but not all, of the original proposals from last year’s Build Back Better Act. 
Continue Reading U.S. Senate Introduces the Inflation Reduction Act

On July 27, 2022, New York Gov. Kathy Hochul announced the release of the state’s third offshore wind solicitation. With this request for proposals (RFP), New York looks to secure at least 2,000 MW of additional offshore wind power generation — expanding on New York’s already approximately 4,300 MW generation portfolio and further positioning the state to meet its goal of at least 9,000 MW of offshore wind by 2035.
Continue Reading Gov. Kathy Hochul Releases New York’s Third Competitive Offshore Wind RFP Solicitation

On July 8, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of regulatory enforcement discretion for particular gathering lines. Gathering lines are those pipelines that transport gas from a current production facility to a transmission line or main (see 49 C.F.R. § 192.3). The notice specifically applies to existing Type C gas gathering pipelines with an outer diameter greater than or equal to 8.625 inches, but less than or equal to 12.75 inches. It also applies only to violations of safety requirements identified in 49 C.F.R. § 192.9 until May 17, 2024.
Continue Reading PHMSA Issues Notice of Limited Enforcement Discretion for Some Gas Gathering Pipelines

Did you miss our July 14, 2022 webinar?

McGuireWoods is organizing a series of webinars and events for utilities, private equity, independent sponsors, energy developers and other market participants pursuing energy investments in the North American offshore wind sector.

Continue Reading Webinar Replay: Offshore Wind Market Update and Supply-Chain Investment Opportunities

The White House announced a partnership on June 23, 2022, with 11 East Coast states to accelerate the growth of the United States’ offshore wind industry. The Biden administration offered the partnership to strengthen national energy security in a time of energy instability and simultaneously pursue a clean energy future.
Continue Reading White House Launches Federal-State Offshore Wind Partnership to Supercharge Production by 2030

Yesterday, June 6, 2022, President Biden ordered various emergency measures to combat a shortage of solar modules and related components in the United States, including declaring a tariff exemption of up to two years on certain solar cells and modules exported from Cambodia, Malaysia, Thailand and Vietnam.
Continue Reading President Biden Orders Tariff Exemption for Solar Panels

On March 25, 2022, the Electric Reliability Council of Texas (ERCOT) issued a notice regarding a new interim large load interconnection process that is effective immediately. The interim process applies to load interconnection requests — usually large, flexible loads with accelerated timelines, such as crypto-miners — that have not been modeled and studied in a completed ERCOT planning assessment (e.g., regional transmission plan, full interconnection study or regional planning group review). The new interim large load interconnection process applies to:

  • new loads not co-located with a resource with total demand within the next two years of 75 MW or greater;
  • existing loads not co-located with a resource increasing total demand by 75 MW or greater within the next two years;
  • new loads co-located with a resource with total demand within the next two years of 20 MW or greater; or
  • existing loads co-located with a resource increasing total demand by 20 MW or greater within the next two years.


Continue Reading Crypto-Miners, Large Loads Subject to New Interim Interconnection Process in ERCOT