Less than a week after winning Congressional approval for a $180 million appropriation for the remainder of the 2011 fiscal year for DOE’s Advanced Research Projects Agency—Energy (ARPA-E), DOE Secretary Steven Chu announced five new project areas on Wednesday, April 20, to be funded through ARPA-E.

Of ARPA-E’s $180 million budget for FY 2011, Secretary Chu announced that approximately $130 million would be set aside for five new project areas focused on energy storage, solar energy technologies, oil and

By Eli W.L. Hopson

On April 14, the House and Senate passed, and on April 15, President Obama signed into law, the final Continuing Resolution (CR) for the remainder of FY 2011.  Section 1425 of the CR makes important modifications regarding the authority of the U.S. Department of Energy (DOE) to provide loan guarantees under its Title XVII Section 1703 and Section 1705 programsSection 1417 provides continued, though reduced funding levels, for DOE’s Advanced Research Projects Agency—Energy (

By L&W Energy Attorneys

On March 31, 2011 Jonathan Silver, the Executive Director of the U.S. Department of Energy’s (DOE) Loan Programs Office (LPO), testified in front of the House Energy and Water Development Appropriations Subcommittee to discuss the LPO’s recent accomplishments and its 2012 budget requests.  Silver stressed that the deployment of commercially-ready clean energy technologies in the near term, as well as the longer term deployment of innovative clean energy technologies are critical to reaching the

By Linda Schilling, Charity Gilbreth, and Shirin Forootan

On April 14, 2011, the U.S. Department of Energy’s Office of Energy Efficiency and Renewable Energy (EERE) will hold a public meeting in Washington, DC to solicit comments on proposed changes to the new International Green Construction Code (IgCC).  There are approximately 1400 proposed changes addressing a wide range of issues—from vegetative roofs, to solar electric issues, to building envelope issues.  Hearings on the proposed changes are scheduled thereafter for May 16-22, 2011, in Dallas, Texas. 

The IgCC was developed by the International Code Council (ICC), which is a U.S. based non-profit organization that allows governmental jurisdictions and other stakeholders around the world to collaborate in the creation of model building codes.  ICC members include state, county and municipal code officials and fire officials, architects, engineers, builders, contractors, elected officials, manufacturers and others in the construction industry.  The ICC has published several comprehensive international codes, such as fire codes, fuel gas codes, residential codes, zoning codes, and plumbing codes.

Clean energy projects have tremendous potential to create jobs and grow the economy and help the nation meet its energy needs in a more sustainable way, but regulatory and legal barriers to energy projects have substantially reduced job creation and economic growth while impeding efforts to bring new energy generation facilities on line, according to a recent economic study commissioned by the US Chamber of Commerce as part of its Project No Project.  The report, entitled, “Progress Denied: A Study on the Potential Economic Impact of Permitting Challenges Facing Proposed Energy Projects,” (PDF) found that legal challenges, threats of legal challenge, and regulatory hurdles caused the delay or cancellation of 333 energy projects which, if constructed and operated for twenty years, would have potential economic and employment benefits of  a projected $3.4 trillion.  These estimated benefits would include $1.4 trillion in employment earnings and one million or more jobs per year.

A recent brief by the Center for American Progress (CAP) –“Invest in America’s Clean Energy Future”–advocating against substantial cuts in funding for the U.S. Department of Energy (DOE) loan guarantee program proposed by the U.S. House of Representatives provides interesting and heretofore not publicly known details about the pipeline for projects seeking guarantees under Section 1705 of the Energy Policy Act of 2005, for which Division A of the American Recovery and Reinvestment Act of 2009 (Recovery Act)

Clean energy development and deployment was one of the central themes of President Barack Obama’s State of the Union address.  The President urged Americans “to out-innovate, out-educate, and out-build the rest of the world” and stressed that, with respect to clean energy, “this is our generation’s Sputnik moment.”    President Obama emphasized two clean energy-related goals for the United States in his address: (a) to become the first country to have a million electric vehicles on the road by 2015 and (b) to have 80 percent of the country’s electricity be generated from clean energy sources.

Following the State of the Union address, the U.S. Department of Energy (DOE) submitted to Congress (PDF) the President’s Fiscal Year 2012 budget request of $29.5 billion, a $3.1 billion (11.8 percent) increase from the DOE’s FY 2010 budget.  Included in the proposed budget are (a) an additional $200 million to pay the credit subsidy costs for loan guarantees for innovative energy efficiency and renewable energy projects under Section 1703 of Title XVII of the Energy Policy Act of 2005 (PDF), which the DOE estimates should support an additional $1 billion to $2 billion in loan guarantees, (b) up to $36 billion in additional loan guarantee authority for nuclear power projects, and (c) $650 million (including $100 million from the Wireless Innovation and Infrastructure Initiative) for the Advanced Research Projects Agency – Energy (ARPA-E), to support early-stage clean energy research projects.

Eight Years.  That’s how long it took what will likely be the nation’s first offshore wind farm to obtain a federal lease.  It is little wonder, in light of Cape Wind’s struggle, that wind advocates have been pushing for greater federal support.  Earlier this week, the Department of Energy (DOE) and the Department of the Interior continued efforts to answer that call, jointly announcing the release of “A National Offshore Wind Strategy” aimed at developing the tremendous wind resources off the nation’s coastlines.  This interagency effort is backed by 50.5 million dollars in DOE funding to support research and development of offshore wind installations.

The nation’s potential for offshore wind power is impressive: according to DOE, wind resources off the U.S. coastline (including the Great Lakes) could theoretically produce an estimated 4,150 gigawatts (GW) of energy—more than four times the current generating capacity of nation’s electrical system.   As the new strategy recognizes, however, the difference between theory and reality is significant.  Currently, offshore wind farms have considerably higher capital costs than land-based installations, due in part to increased equipment, installation, interconnection, and infrastructure costs.  For example, existing installation and maintenance procedures involve the use of specialized vessels that simply do not exist in the U.S.

Further, as a new industry, offshore wind faces unique and novel permitting challenges.  Multiple state and federal agencies have jurisdiction over the development of offshore wind farms.  In the case of the Great Lakes, for example, DOE notes that eight states and a Canadian province claim jurisdiction—with the U.S. Army Corps of Engineers serving as the “lead agency” for purposes of the National Environmental Protection Act (NEPA).  Adding to the complexity is the relative lack of data regarding the environmental and social effects of offshore wind installations.

As part of the Energy Policy Act of 2005 (Act), the Department of Energy (DOE) was directed to identify NIETCs—which are essentially corridors with a pressing need for more transmission capacity for electricity.  The Act allows utilities a fast-track approval process for permits for transmission lines within an NIETC.  Notably, the Federal Energy Regulatory Commission (FERC) may grant a permit for transmission lines within an NIETC if, among other things, a state agency fails to approve the permit application within

On September 7, 2010 Energy Secretary Steven Chu announced the issuance of the first loan guarantee under the Department of Energy’s (DOE) Financial Institution Partnership Program (FIPP).  The DOE issued the partial guarantee for a $98.5 million loan being made by John Hancock Financial Services to a subsidiary of the Nevada Geothermal Power Company (NGP) in respect of the 49.5 megawatt Blue Mountain geothermal project (PDF) located Humboldt County in Northwestern Nevada.  The blended interest rate for the loan was determined