By Howard H. Shafferman and Darin Lowder
The U.S. Department of Energy (DOE) recently announced that it will make $1 billion available for distributed energy project loan guarantees. DOE issued supplements to the existing loan guarantee solicitations for Advanced Fossil Energy (AFE) Projects and for Renewable Energy and Energy Efficiency (REEE) Projects to provide guidance on the types of innovative projects that may qualify for the guarantees.
To be eligible, a project must deploy installations of facilities at multiple sites pursuant to a master business plan. DOE offers three illustrations of structures that could qualify. In all cases, a creditworthy project developer/sponsor forms a project company and, together with other creditworthy entities, invests greater than 20 percent of the total project costs. DOE provides a loan guarantee for a senior debt facility in an amount less than 80 percent of the total project costs.
In the first illustration, the output of the distributed energy facilities is aggregated on a utility scale, and sold pursuant to power purchase agreement(s). In the second illustration, the output is consumed by the owners (which must meet pre-defined credit criteria) of the sites on which the distributed facilities are located, whether through leases, power purchase agreements, or other revenue contracts. In the third illustration, the developer operates a mobile technology, deriving revenue from the temporary set up and operation of such technology at multiple customer sites under “highly standardized” installation plans to reduce construction risk. In each case, DOE would expect highly standardized contracts, as well.
The statute establishing the DOE loan guarantee program requires that projects be “innovative.” The AFE and REEE supplements reflect a range of technologies that would be deemed innovative. Generally, the supplements do not set a particularly high bar for innovation.
Under the AFE supplement, illustrations of eligible projects include:
Under the REEE supplement, illustrations of eligible projects include:
DOE also clarified that states and state-affiliated financial entities, including state green banks, may submit applications for loan guarantees. The loan guarantee authority for distributed energy will be available following a 45-day congressional notification period.
Ballard Spahr’s Energy and Project Finance Group assists clients in developing strategies to thrive in the fast-changing regulatory, technological and financing environment of the energy industry. As part of these efforts, our attorneys regularly interact with the DOE, FERC, and other federal agencies on behalf of clients.
If you have questions about this alert, please contact Howard H. Shafferman or Darin Lowder.
Copyright © 2015 by Ballard Spahr LLP.www.ballardspahr.com(No claim to original U.S. government material.)
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the author and publisher.
This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.
For more information about LexisNexis products and solutions, connect with us through our corporate site.