In December of 2016, Illinois Governor Bruce Rauner signed into law the Illinois Future Energy Jobs Act (Energy Act).  One principal purpose of the Energy Act is to add a new Zero Emissions Credit to Illinois’ existing Renewable Portfolio Standard (RPS).  The new Zero Emissions Credit received a lot of media coverage because it is designed to provide additional compensation to Illinois’ operating nuclear power plants. Because the costs for the credit will be paid for as a pass-through charge via a tariff by Illinois’ electric utilities, Illinois businesses will undoubtedly see their costs for procuring electricity increase.

In addition to creating the credit, the Energy Act also
Continue Reading Illinois Act Encourages Growth of Commercial-Scale Solar

On October 31, 2017, the United States International Trade Commission (the “Commission”) announced its remedy recommendations for the Section 201 Investigation on Crystalline Silicon Photovoltaic (“CSPV”) Cells and Modules.

The Commission will send its report along with its remedy recommendations to the President by
Continue Reading ITC Recommends Remedies in Solar Cells Section 201 Case

As we discussed in a previous post, the International Trade Commission (ITC) found that U.S. producers are being seriously injured or are threatened with serious injury by imports of silicon photovoltaic cells and modules.  As the case now advances to the remedy phase, companies, countries and trade organizations on all sides of the matter weighed in with their official recommendations for a suggested remedy.

Petitioner, Suniva, lowered the tariff suggestion from its original filing from $0.40 to a minimum of $0.24 per watt for standard crystalline silicon photovoltaic (CSPV) cells, with similar proposals from California-based manufacturer Auxin Solar and Oregon’s SolarWorld Americas.
Continue Reading U.S. Solar Manufacturers and Foreign Parties Offer Trade Remedies to ITC

Husch Blackwell international trade attorney, Jeffrey Neeley, and energy attorney, John Crossley, hosted a teleconference in which they discussed the implications of and next steps in the US International Trade Commission’s (ITC) ongoing case that imported crystalline silicon photovoltaic (CSPV) cells and modules have caused “serious injury” to domestic manufacturers.  A detailed summary

The U.S. International Trade Commission (“ITC”)  found that U.S. producers are being seriously injured or are threatened with serious injury by imports of silicon photovoltaic cells and modules. The case now moves quickly to the remedy phase at the ITC. Prehearing briefs on remedy must be filed by the parties by September 27, a hearing on remedy will be held on October 3, and post-hearing briefs will be filed on October 10. The ITC is scheduled to vote on remedy on October 31 and will send it recommendations to the President by November 13. The President then will have 60 days to accept or modify the recommendations of the ITC.
Continue Reading ITC Finds “Serious Injury” to U.S. Manufacturers from Foreign Imports of PV Cells and Modules.

energy_solarSuniva, Inc., a bankrupt U.S. producer of crystalline silicon photovoltaic (CSPV) cells, filed a petition with the U.S. International Trade Commission (ITC) seeking relief from the effects of importation of foreign manufactured CSPV cells and modules. Suniva requests relief in the form of a minimum price for solar modules imported into the United States and imposition of an additional four-year tariff on all imported CSPV cells and modules that would establish a price-per-watt for inbound foreign competitors double that of current levels.

The requested relief calls for
Continue Reading Proposed Tariffs Could Dramatically Affect Expansion of U.S. Solar Industry

Husch Blackwell and the Texas Renewable Energies Industries Alliance have teamed up to produce a webinar series focused on the Texas solar industry, titled “On the Horizon”. Register here for the final webinar in the series, in which Husch Blackwell’s Chauncey Lane and Jason Reschly will focus on solar development finance and the investor tax credit.  They’ll give advice on tax requirements to qualify for solar tax credits, discuss tax issues for structuring transactions, identify trends in
Continue Reading Webinar: Solar Finance and the Investor Tax Credit

On the Horizon imageHusch Blackwell and the Texas Renewable Energies Industries Alliance have teamed up to produce a webinar series titled, On the Horizon, focused on the Texas solar industry.  The latest installment focused on solar leases and mineral right issues and is now available on-demand. The panelists discussed recommended provisions for solar leases including steps solar project developers can take to anticipate mineral estate operations and lessen the potential impact of right of access under the Texas’ Accommodation Doctrine.

Register here for the final two webinars of the year:
Continue Reading Texas Solar Webinar Series

Energy storageMassachusetts took a significant step to acknowledge that effective and efficient renewable energy storage – the commercial capture of renewable energy to offset demand at a later time – can aid in the growth of wind and solar power and save ratepayers money. Massachusetts may become the third state to adopt a renewable energy storage mandate, following in the footsteps of California and Oregon. In August, the Massachusetts legislature passed a bill, titled “An Act to Promote Energy Diversity,” that gives the Massachusetts Department of Energy Resources (DOER) the ability to mandate what the energy storage targets.
Continue Reading Massachusetts Takes Big Step Towards Increasing Energy Storage

Wind Turbines Row_Energy_166108490Both the House and the Senate are considering a proposed law, the Public Land Renewable Energy Development Act of 2015, to streamline permitting for renewable energy development projects on public land. Hearings were held by the Senate Committee on Energy and Natural Resources on S.1407 on June 9, and by the House Natural Resources Subcommittee on Energy and Mineral Resources on an identical bill, H.R. 2663, on July 13.
Continue Reading Proposed Law Would Create Opportunities for Renewable Energy Development on Public Lands