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# Texas Renewable Energy Attorneys | Stahl, Sewell, Chavarria

Austin, Texas renewable energy attorneys representing developers, landowners, and lenders on wind, solar, and battery storage projects across ERCOT.

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## Posts

- [Blog](https://sbaustinlaw.com/blog/) - Stahl, Sewell, Chavarria, Friend & Cohen, LLP is an Austin, Texas law firm recognized for handling complex matters in the areas of Renewable Energy; Commercial Real Estate; Texas Tax; Natural Resources & the Environment; and Corporate Law. The firm has consistently found solutions for the legal and business challenges faced by its diverse client base.
- [Power, Water, and Permits: Siting and Interconnecting Data Centers in Texas – Part III](https://sbaustinlaw.com/power-water-and-permits-siting-and-interconnecting-data-centers-in-texas-part-iii/) - May 14, 2026 By: Jenna Montesano Burns Texas continues to attract data center developers for many of the same reasons it has long attracted generation resources: land availability, a strong power market, and a generally favorable development climate. But as projects scale into the 75 MW+ range, the similarities begin to diverge. Interconnection, regulatory oversight,
- [Texas Department of Insurance releases Informal Draft Rules on BESS Fire Safety](https://sbaustinlaw.com/texas-department-of-insurance-releases-informal-draft-rules-on-bess-fire-safety/) - An informal working draft of proposed rules implementing the new Battery Energy Storage Facility Safety framework under Chapter 187 of the Texas Utilities Code has been issued jointly by the Texas Department of Insurance (TDI) and the State Fire Marshal’s Office (SFMO). The draft rules apply to BESS facilities with a capacity of 1 MWh
- [Long-term Data Center Leases – Part II, and Texas Property Tax Incentives and Sales Tax Exemptions](https://sbaustinlaw.com/long-term-data-center-leases-part-ii-and-texas-property-tax-incentives-and-sales-tax-exemptions/) - Long-term data center leases must be carefully structured to ensure that data center developers can develop, operate, and maintain their projects without undue interference or legal uncertainty. Data center leases will undergo intense scrutiny from financing parties, technology companies, and their teams of attorneys. This article – the second in a two-part series – highlights
- [Partnership Announcement: Lauren G. Sepulveda](https://sbaustinlaw.com/partnership-announcement-lauren-g-sepulveda/) - Stahl, Sewell, Chavarria, Friend & Cohen, LLP is pleased to announce that Lauren G. Sepulveda has become a partner in the firm. Lauren advises developers, investors, and lenders on the real estate, permitting, and regulatory aspects of the development, financing, sale, and acquisition of energy and infrastructure projects. She has advised numerous developers throughout the
- [Key Provisions in Long-term Data Center Leases – Part I](https://sbaustinlaw.com/key-provisions-in-long-term-data-center-leases-part-i/) - Long-term data center leases must be carefully structured to ensure that data center developers can develop, operate, and maintain their projects without undue interference or legal uncertainty. Data center leases will undergo intense scrutiny from financing parties, technology companies, and their teams of attorneys. This article – the first in a two-part series – highlights
- [TX Legislature Passes BESS Decommissioning Bill](https://sbaustinlaw.com/tx-legislature-passes-bess-decommissioning-bill/) - Lauren Sepulveda By Lauren G. Sepulveda May 21, 2025 The Texas Legislature passed battery energy storage system (“BESS“) decommissioning bill HB 3809 yesterday. If signed into law by Governor Greg Abbott, it will take effect on September 1, 2025 and create Chapter 303 of the Texas Utilities Code, which will require all BESS leases entered into on
- [Understanding Property Descriptions Requirements for Recorded Real Estate Documents in Texas](https://sbaustinlaw.com/understanding-property-descriptions-requirements-for-recorded-real-estate-documents-in-texas/) - By: Jenna Montesano Burns March 10, 2025 Developers are often moving fast to secure land and rely on GIS parcel data to identify parcels of interest. But when it comes to recording documents on the land records, it is critical to have a valid legal description to protect your interests. What is a valid legal
- [Texas Bills to Watch: Siting, Permitting, and Removal of BESS, Solar and Wind](https://sbaustinlaw.com/texas-bills-to-watch-siting-permitting-and-removal-of-bess-solar-and-wind/) - By Lauren G. Sepulveda Several bills related to the permitting, siting, and removal of battery energy storage systems (“BESS”), solar energy generation (“Solar”), and wind energy generation (“Wind”) are making their way through the Texas Legislature this session. A quick summary of key bills is below, and we will continue to monitor these as they
- [Stahl, Sewell, Chavarria, Friend & Cohen, LLP represented Primergy in connection with its 408 MWac Ash Creek Solar project in Hill County, Texas.](https://sbaustinlaw.com/stahl-sewell-chavarria-friend-cohen-llp-represented-primergy-in-connection-with-its-408-mwac-ash-creek-solar-project-in-hill-county-texas/) - Primergy Solar LLC (Primergy) recently announced that it closed commitments for US$588 million in debt financing for the 408 MWac Ash Creek Solar project in Hill County, Texas. The company also signed a long-term power purchase agreement with Microsoft for the full capacity of the plant. Alan Cohen and Lauren Sepulveda of Stahl, Sewell, Chavarria,
- [Associate Attorney Needed - Austin - Energy, Real Estate & Permitting](https://sbaustinlaw.com/associate-attorney-needed-austin-energy-real-estate-permitting/) - Stahl, Sewell, Chavarria, Friend & Cohen LLP seeks an associate attorney for its Energy, Permitting and Real Estate practice areas. At least one year experience working on Energy or Commercial Real Estate transactions required. Send resumes to kkaiser@sbaustinlaw.com. Firm information – sbaustinlaw.com.
- [Buyers and Sellers Beware – Assignment of Hurricane Claims may be Invalid in Texas](https://sbaustinlaw.com/buyers-and-sellers-beware-assignment-of-hurricane-claims-may-be-invalid-in-texas/) - After a significant weather event like a hurricane, many property owners cannot make repairs without insurance proceeds, and they cannot afford to wait several months or years to resolve their insurance claims. Owners of damaged properties frequently elect to sell their properties in a damaged condition, and to transfer their insurance claims to the purchaser
- [We are pleased to announce Brittany May Dadon has joined our firm.](https://sbaustinlaw.com/were-pleased-to-announce-brittany-may-dadon-has-joined-our-firm/) - Stahl, Sewell, Chavarria, Friend & Cohenis pleased to announce the addition of Brittany May Dadon to its Commercial Real Estate, Renewable Energy and Texas Tax practice groups Brittany joined Stahl, Sewell, Chavarria, Friend & Cohen, LLP in 2017. Prior to joining the firm, Brittany worked as an attorney in the legal division of the Public
- [We are pleased to announce that Byron Kentor has joined our firm](https://sbaustinlaw.com/we-are-pleased-to-announce-that-byron-kentor-has-joined-our-firm/) - Stahl, Sewell, Chavarria, Friend & Cohen is pleased to announce the addition of Byron Kentor to its Commercial Real Estate, Renewable Energy, Natural Resources, and Environment practice groups. Byron is an experienced real estate and finance attorney. Byron’s practice includes representation of clients in all aspects of commercial real estate transactions including financing, purchasing, selling,
- [Land Lease Agreements for Renewable Energy 101, September 13-14, 2018, Austin, TX](https://sbaustinlaw.com/land-lease-agreements-for-renewable-energy-101-september-13-14-2018-austin-tx/) - Stahl, Sewell, Chavarria, Friend & Cohen attorneys Alan Cohen, Brittany Dadon, Greg Friend and Byron Kentor will teach the EUCI course on Land Lease Agreements for Renewable Energy in Austin Texas on September 13 and 14, 2018. For more information, please visit: //www.euci.com/event_post/0918-renewable-energy-land-lease/.
- [Austin, Texas Law Firm - Looking to hire Renewable Energy / Commercial Real Estate Associate Attorney.](https://sbaustinlaw.com/looking-to-hire-renewable-energy-commercial-real-estate-associate-attorney/) - Austin, Texas law firm, Stahl, Sewell, Chavarria, Friend & Cohen LLP, seeks associate attorney for its Renewable Energy and Real Estate practice areas. Experience with Renewable Energy or Commercial Real Estate transactions preferred. Send resume to kkaiser@sbaustinlaw.com. Firm information – sbaustinlaw.com
- [Land Lease Agreements for Renewable Energy 101, September 16-17, 2019, Austin, TX](https://sbaustinlaw.com/land-lease-agreements-for-renewable-energy-101-september-16-17-2019-austin-tx/) - Stahl, Sewell, Chavarria, Friend & Cohen attorneys Alan Cohen, Brittany Dadon, Greg Friend and Erica Weinberger will teach the EUCI course on Land Lease Agreements for Renewable Energy in Austin Texas on September 16-17, 2019. For more information, please visit: https://www.euci.com/event_post/0919-renewable-energy-land-lease/
- [Renewable Energy Project Finance Outlook Breakfast - October 17, 2019 - New York ,NY](https://sbaustinlaw.com/renewable-energy-project-finance-outlook-breakfast-october-17-2019-new-york-ny/) - Stahl, Sewell, Chavarria, Friend & Cohen attorney Brent Stahl will participate in a panel discussion October 17 on current development issues facings renewable energy projects. The event runs from 9 a.m. to 11 a.m. at the CUNY Graduate Center in New York. For more information, please visit: https://www.amtrusttitleevents.com/
- [Brittany Dadon has become a partner in the Firm.](https://sbaustinlaw.com/brittany-dadon-has-become-a-partner-in-the-firm/) - Stahl, Sewell, Chavarria, Friend & Cohen is very excited to announce that Brittany Dadon has become a partner in the Firm. Congrats Brittany! Brittany Dadon – Partner Announcement
- [Inaugural Edition - Section Report on Renewable Energy Law](https://sbaustinlaw.com/inaugural-edition-section-report-on-renewable-energy-law/)
- [Utility Scale Solar Impacting Coal Plants in Texas](https://sbaustinlaw.com/utility-scale-solar-impacting-coal-plants-in-texas/) - Coal-fired power generation in Texas, pummeled by clean, no-fuel-cost wind over the past 10 years, is about to be hit by a second wave of competition from renewables as utility-scale solar power, which is still only a small component of the state's generation mix, stands to gain significant market share over the next few years.
- [Can a Renewables Boom Put Texans Back to Work?](https://sbaustinlaw.com/can-a-renewables-boom-put-texans-back-to-work/) - Can a renewables boom put Texans back to work?
- [Electricity Looking Hot, Hot, Hot in Texas](https://sbaustinlaw.com/electricity-looking-hot-hot-hot-in-texas/)
- [5 Wind Energy Giants Embracing Solar Power](https://sbaustinlaw.com/5-wind-energy-giants-embracing-solar-power/)
- [New Documentary "Switch On" Combats Energy Poverty](https://sbaustinlaw.com/new-documentary-switch-on-combats-energy-poverty/)
- [ERCOT reserve margin up for summer 2020, energy alerts still possible](https://sbaustinlaw.com/ercot-reserve-margin-up-for-summer-2020-energy-alerts-still-possible/)
- [US Treasury to Tweak Tax Credit Deadlines for Renewables Projects](https://sbaustinlaw.com/us-treasury-to-tweak-tax-credit-deadlines-for-renewables-projects/)
- [The Solar ‘Duck Curve’ Might Look Different Under Coronavirus](https://sbaustinlaw.com/the-solar-duck-curve-might-look-different-under-coronavirus/)
- [How will batteries plug into Texas’ power grid?](https://sbaustinlaw.com/how-will-batteries-plug-into-texas-power-grid/)
- [Paralegal Needed - Austin, TX Law Firm](https://sbaustinlaw.com/paralegal-needed-austin-tx-law-firm/)
- [2020 Outlook: Renewables, resilience and reliability needs will drive storage](https://sbaustinlaw.com/2020-outlook-renewables-resilience-and-reliability-needs-will-drive-storage/)
- [Renewable Energy Law Conference – Austin, TX – Jan. 27-28, 2020](https://sbaustinlaw.com/renewable-energy-law-conference-austin-tx-jan-27-28-2020-2/)
- [AWEA celebrates extension of wind energy PTC](https://sbaustinlaw.com/awea-celebrates-extension-of-wind-energy-ptc/)
- [Battery storage on verge of changing Texas power grid](https://sbaustinlaw.com/battery-storage-on-verge-of-changing-texas-power-grid/)
- [Renewable Energy Law Conference - Austin, TX - Jan. 27-28, 2020](https://sbaustinlaw.com/renewable-energy-law-conference-austin-tx-jan-27-28-2020/) - Join leading attorneys and industry experts in wind, solar, and storage for two days of the latest developments affecting renewable energy in Texas and nationwide. The 15th Annual Renewable Energy Law Conference blends law, economics, technology, finance, tax, and regulatory policy. The conference aims to inform industry participants, legal and financial advisers, as well as key legislative
- [Renewable Energy  / Real Estate Attorney Position - Austin, Texas](https://sbaustinlaw.com/real-estate-attorney-position-austin-texas/)
- [FERC poised to make permit decisions on four LNG export projects in Texas](https://sbaustinlaw.com/ferc-poised-to-make-permit-decisions-on-four-lng-export-projects-in-texas/)
- [Offshore Wind Power Line Wins Backing](https://sbaustinlaw.com/offshore-wind-power-line-wins-backing/) - Google and a New York financial firm have agreed to make major investments in a proposed 350-mile underwater spine which could remove some critical obstacles to wind power development. The $5 billion transmission backbone for future offshore wind farms along the Atlantic Seaboard could ultimately transform the region’s electrical map and has stirred excitement among
- [Strategies for Negotiating with EPC Contractors: Exclusive Remedies and Liquidated Damages](https://sbaustinlaw.com/strategies-for-negotiating-with-epc-contractors-exclusive-remedies-and-liquidated-damages/) - Prepared By Alan Cohen. The EPC (engineering, procurement and construction) contracting model frequently is used for renewable energy projects because it establishes a single point of responsibility for issues bearing on time, cost and quality. An EPC contract normally includes detailed performance specifications and guarantees, along with a guaranteed completion date. In the event of
- [Google Maps mapping out locations not to place renewable developments](https://sbaustinlaw.com/google-maps-mapping-out-locations-not-to-place-renewable-developments/) - Google Inc., the National Audubon Society and the Natural Resources Defense Council have worked together to create a new mapping tool on Google Earth showing renewable power developers where they can — and can’t — build. The environmental groups have pulled together maps of endangered species habitats, national parks and other forms of protected land
- [US wind, solar finance alternatives rise as sector rushes against looming tax credit expiration](https://sbaustinlaw.com/us-wind-solar-finance-alternatives-rise-as-sector-rushes-against-looming-tax-credit-expiration/)
- [Wind PPA Prices Are On The Rise](https://sbaustinlaw.com/wind-ppa-prices-are-on-the-rise/) - "Wind prices increased $1.08/MWh, or 4.4%, during the quarter, the report says. Annually, they increased 11.2%. ....However, solar prices dropped $0.14/MWh, or 0.5%, in Q3, continuing solar’s long-term trend of decreasing prices, the report says. Annually, solar prices dropped 5.4%." https://nawindpower.com/report-wind-ppa-prices-are-on-the-rise
- [Wholesale Power Prices Surge in Texas' ERCOT Market](https://sbaustinlaw.com/wholesale-power-prices-surge-in-texas-ercot-market/)
- [Second Quarter Market Report: American wind power nears 100 gigawatts](https://sbaustinlaw.com/second-quarter-market-report-american-wind-power-nears-100-gigawatts/)
- [U.S. energy storage market to double two years running](https://sbaustinlaw.com/u-s-energy-storage-market-to-double-two-years-running/) - "The U.S. energy storage market nearly doubled in 2018 and is expected to double again in 2019." https://www.windpowerengineering.com/electrical/power-storage/u-s-energy-storage-market-to-double-two-years-running/
- [Siemens Gamesa presents 5.8-MW onshore wind turbines](https://sbaustinlaw.com/siemens-gamesa-presents-5-8-mw-onshore-wind-turbines/)
- [Texas rules in favor of wind and solar](https://sbaustinlaw.com/texas-rules-in-favor-of-wind-and-solar/)
- [Alan Cohen to give presentation on EPC Contracts at the Renewable Energy Law Conference](https://sbaustinlaw.com/alan-cohen-to-give-presentation-on-epc-contracts-at-the-renewable-energy-law-conference/)
- [Texas wind generation breaks record, ERCOT reports](https://sbaustinlaw.com/texas-wind-generation-breaks-record-ercot-reports/) - "Texas wind set a new record last week. At 12:07 am Friday, wind power generated 19,168 megawatts of electricity for a brief moment, beating the previous record of 17,920 megawatts, recorded at 3:32 p.m. on Nov. 12, according to the Electric Reliability Council of Texas, the state's primary electric grid operator." https://www.chron.com/business/energy/article/Texas-wind-generation-breaks-record-ERCOT-13481063.php
- [Renewable Energy Law Conference - Austin, Texas (Jan. 28-29, 2019)](https://sbaustinlaw.com/renewable-energy-law-conference-austin-texas/) - The 2019 Renewable Energy Law Conference will be held in Austin Jan 28-29, 2019, at the AT&T Conference Center. Please see link below for additional details. https://utcle.org/conferences/WE19
- [Exxon’s Power Play Points to Texas’ Future](https://sbaustinlaw.com/exxons-power-play-points-to-texas-future/) - "As stories about the energy transition go, Big Oil going big on solar power in the heart of America’s biggest oil patch is as transitiony as it gets. Besides the symbolism of Exxon Mobil Corp. signing up for 250 megawatts of solar power (plus the same amount of wind power) in the Permian basin, though, it
- [Lazard Study Confirms Wind, Solar Costs Falling Below Those Of Conventional Generation](https://sbaustinlaw.com/lazard-study-confirms-wind-solar-costs-falling-below-those-of-conventional-generation/) - "Lazard Ltd., a financial advisory and asset management firm, has released its annual studies comparing the costs of energy from various generation technologies and of energy storage technologies for different applications. Importantly, Lazard’s Levelized Cost of Energy Analysis (LCOE 12.0) shows that, in some scenarios, alternative energy costs have decreased to the point that they are now at
- [Solar-plus-storage likely the 'next big thing' in ERCOT: expert](https://sbaustinlaw.com/solar-plus-storage-likely-the-next-big-thing-in-ercot-expert/) - "Austin, Texas — Solar energy -- increasingly paired with battery storage -- is likely to be the "next big thing" in the Electric Reliability Council of Texas, attendees of the Texas Renewable Energy Industries Alliance annual GridNEXT conference learned Monday. During a workshop about the Texas Power Market, Peter Kelly-Detwiler, principal of the NorthBridge Energy
- [Five Texas munis partner to add 500 MW of solar](https://sbaustinlaw.com/five-texas-munis-partner-to-add-500-mw-of-solar/) - "Five utilities in Texas have announced plans develop 500 MW of solar farms. New Braunfels Utilities (NBU), Bryan Texas Utilities, Denton Municipal Electric, Garland Power and Light and the Kerryville Public Utility Board have teamed up to create the purchasing power necessary to fund their commitment to renewable generation." https://pv-magazine-usa.com/2018/09/20/five-texas-utilities-partner-to-add-500mw-of-solar/
- [Deloitte Report - Solar and wind move from mainstream to preferred](https://sbaustinlaw.com/deloitte-report-solar-and-wind-move-from-mainstream-to-preferred/) - "​Technological innovation, cost efficiencies, and increasing consumer demand are driving renewables—particularly wind and solar—to be preferred energy sources. We examine seven trends that are driving this transformation." https://www2.deloitte.com/insights/us/en/industry/power-and-utilities/global-renewable-energy-trends.html
- [US FERC chair sees plan on LNG permitting in days; LaFleur hopes for middle ground on pipes](https://sbaustinlaw.com/us-ferc-chair-sees-plan-on-lng-permitting-in-days-lafleur-hopes-for-middle-ground-on-pipes/)
- [Natural gas-fired electricity generation this summer expected to be near record high](https://sbaustinlaw.com/natural-gas-fired-electricity-generation-this-summer-expected-to-be-near-record-high/)
- [IRS’ New Solar ITC Guidance A Boon For Developers](https://sbaustinlaw.com/irs-new-solar-itc-guidance-a-boon-for-developers/)
- [Firm attorney to speak at July 12 Real Estate Conference in San Antonio](https://sbaustinlaw.com/firm-attorney-to-speak-at-july-12-real-estate-conference-in-san-antonio/)
- [U.S. Supreme Court Overturns Physical Presence Requirement for Sales Taxes](https://sbaustinlaw.com/u-s-supreme-court-overturns-physical-presence-requirement-for-sales-taxes/) - The United States Supreme Court issued an opinion on June 21, 2018, that overturned two seminal cases in the area of state tax nexus—Quill Corp. v. North Dakota and National Bellas Hess, Inc. v. Department of Rev. of Ill. These two cases provided the basic tax nexus principle that a state could not require a
- [ERCOT real-time power prices spike near $1,500/MWh on record demand](https://sbaustinlaw.com/ercot-real-time-power-prices-spike-near-1500-mwh-on-record-demand/)
- [U.S. Becomes Second Most Attractive Country For Renewable Energy](https://sbaustinlaw.com/u-s-becomes-second-most-attractive-country-for-renewable-energy/) - The United States is the second most attractive nation for renewable energy investments, according to the newest annual global ranking prepared by Ernst & Young. https://www.forbes.com/sites/williampentland/2018/05/01/u-s-becomes-second-most-attractive-country-for-renewable-energy-says-new-study/#47e5ce852223
- [Whiskey and Wind](https://sbaustinlaw.com/whiskey-and-wind/)
- [Energy Storage Rulemaking in Texas PUC](https://sbaustinlaw.com/energy-storage-rulemaking-in-texas-puc/)
- [Wind-storage prices plummet as battery gains spur coupling demand](https://sbaustinlaw.com/wind-storage-prices-plummet-as-battery-gains-spur-coupling-demand/)
- [Going green: AT&T buying a huge amount of wind power from farms in Texas, Oklahoma](https://sbaustinlaw.com/going-green-att-buying-a-huge-amount-of-wind-power-from-farms-in-texas-oklahoma/) - "AT&T announced Thursday that it's buying a giant amount of wind power from farms in Texas and Oklahoma." https://www.dallasnews.com/business/att/2018/02/08/going-green-att-buying-huge-amount-wind-power-farms-texas-oklahoma
- [HNA Group Puts $4 Billion of U.S. Properties on Market](https://sbaustinlaw.com/hna-group-puts-4-billion-of-u-s-properties-on-market/)
- [How Texas blew to the top in wind power](https://sbaustinlaw.com/how-texas-blew-to-the-top-in-wind-power/)
- [Renewable Energy Law Conference  Austin, Texas January 29 and 30](https://sbaustinlaw.com/renewable-energy-law-conference-austin-tx/)
- [CBRE Reports 8 New Trends That Will Shape Retail Sector By 2030](https://sbaustinlaw.com/cbre-reports-8-new-trends-that-will-shape-retail-sector-by-2030/) - "According to new insights from CBRE's newly released The Future Of Retail 2030 report, shopping centers of the future will become just 'centers' by reinventing themselves as mixed-use destinations and adding healthcare, educational and leisure uses. CBRE also foresees that the focus of traditional gas stations will change, as they become important mini-logistic hubs, including
- [Wind power blows past coal in Texas](https://sbaustinlaw.com/wind-power-blows-past-coal-in-texas/)
- [He started with 1 Wind Farm in Tennessee.  Now he’s running a Billion Dollar Clean Energy Company.](https://sbaustinlaw.com/he-started-with-1-wind-farm-in-tennessee-now-hes-running-a-billion-dollar-clean-energy-company/)
- [Storage or generation? AEP case could help answer the question in Texas](https://sbaustinlaw.com/storage-or-generation-aep-case-could-help-answer-the-question-in-texas/)
- [Texas' Monticello power plant closes, signaling the undeniable shift to natural gas and renewable energy](https://sbaustinlaw.com/texas-monticello-power-plant-closes-signaling-the-undeniable-shift-to-natural-gas-and-renewable-energy/)
- [Texas solar industry watches as trade case moves forward](https://sbaustinlaw.com/texas-solar-industry-watches-as-trade-case-moves-forward/)
- [Solar Tariff Case Advances as ITC Finds ‘Injury’](https://sbaustinlaw.com/solar-tariff-case-advances-as-itc-finds-injury/)
- [Utilities Line Up to Profit From ‘Slowest Trainwreck’ in History](https://sbaustinlaw.com/utilities-line-up-to-profit-from-slowest-trainwreck-in-history/)
- [A quiet energy transition with global relevance is starting in the USA](https://sbaustinlaw.com/a-quiet-energy-transition-with-global-relevance-is-starting-in-the-usa/)
- [Texas Wind Farms Survive Hurricane Harvey](https://sbaustinlaw.com/texas-wind-farms-survive-hurricane-harvey/)
- [Trump and Perry reject King Coal's pleas](https://sbaustinlaw.com/trump-and-perry-reject-king-coals-pleas/)
- [IRS extends construction window for renewable energy tax credits](https://sbaustinlaw.com/irs-extends-construction-window-for-renewable-energy-tax-credits/) - “The IRS extended the window of time that certain renewable energy facilities, most notably wind power facilities, have to complete construction in order to qualify for tax credits that have been critical to the growth of renewables in recent years, according to guidance released by the IRS on May 5.” https://www.snl.com/Interactivex/article.aspx?CdId=A-36414916-13098
- [Texas House limits tax breaks for wind turbines near military bases](https://sbaustinlaw.com/texas-house-limits-tax-breaks-for-wind-turbines-near-military-bases/) - “A proposal to restrict property tax exemptions for wind farms near military bases got preliminary approval from Texas House lawmakers on Monday. In a win for budget hawks and a small blow to the wind turbine industry, House members approved Senate Bill 277 76-65.” https://www.statesman.com/news/texas-house-limits-tax-breaks-for-wind-turbines-near-military-bases/5IOjpRF5bD5tcUvq4lnWLJ/
- [Chicago Named Greenest U.S. Office Market in 2017](https://sbaustinlaw.com/chicago-named-greenest-u-s-office-market-in-2017/) - “According to the fourth annual Green Building Adoption Index study by CBRE and Maastricht University, after placing second last year, the Chicago market claimed the top spot with 66 percent of its space qualified as green certified. San Francisco slipped to second, while Atlanta, Houston and Minneapolis again claimed spots in the top five in
- [Battery storage: The next disruptive technology in the power sector](https://sbaustinlaw.com/battery-storage-the-next-disruptive-technology-in-the-power-sector/) - “Storage prices are dropping much faster than anyone expected, due to the growing market for consumer electronics and demand for electric vehicles (EVs). Major players in Asia, Europe, and the United States are all scaling up lithium-ion manufacturing to serve EV and other power applications. No surprise, then, that battery-pack costs are down to less
- [Alphabet Wants to Fix Renewable Energy’s Storage Problem — With Salt](https://sbaustinlaw.com/alphabet-wants-to-fix-renewable-energys-storage-problem-with-salt/)
- [Investors Choosing Clean Energy](https://sbaustinlaw.com/investors-choosing-clean-energy/) - "An index of 40 publicly-traded solar companies, wind-turbine component makers and others that benefit from reduced fossil fuel consumption is up 20 percent this year. That’s more than double the S&P 500’s 9.8 percent gain. And better than the 8.3 percent rise by an index of leading coal companies." https://www.bloomberg.com/news/articles/2017-07-18/clean-energy-is-trouncing-oil-gas-and-coal-in-trump-era
- [First PACE (Property Assessed Clean Energy) Project Closed in Dallas is Largest in Texas](https://sbaustinlaw.com/first-pace-property-assessed-clean-energy-project-closed-in-dallas-is-largest-in-texas/) - On July 3 the City of Dallas C-PACE program (Commercial Property Assessed Clean Energy) closed its first PACE project, enabling Alterra International, a Dallas, Texas-based global real estate development company to obtain $23.9 million in long-term fixed-rate financing from CleanFund Commercial PACE Capital for energy and water saving upgrades to the historic Butler Brothers Building at 500 S. Ervay Street across from City Hall. The project is the largest C-PACE project to date in Texas and is the second largest single-funded C-PACE project in the nation. http://www.cleanfund.com/dallas-c-pace-program-enables-23-9-million-in-long-term-financing-for-redevelopment-of-historic-downtown-property/
- [Technology advances spurring ever-lower wind energy costs](https://sbaustinlaw.com/technology-advances-spurring-ever-lower-wind-energy-costs/) - “In comparison, wind energy prices continue to decline as the technology continues to improve, lowering the cost of wind turbines while increasing performance. Today’s larger wind turbines are more cost-effective and reliable than ever.” Technology advances spurring ever-lower wind energy costs
- [Warren Buffett Set to Become a Texas Energy Tycoon](https://sbaustinlaw.com/warren-buffett-set-to-become-a-texas-energy-tycoon/)
- [Alan Cohen to Speak at Solar Power Texas](https://sbaustinlaw.com/alan-cohen-to-speak-at-solar-power-texas/) - Alan Cohen will speak at Solar Power Texas in Austin on June 13th sponsored by the Solar Energy Industries Association (SEIA) and the Smart Electric Power Alliance (SEPA). Alan will participate in a panel discussion entitled “How to Take Advantage of Commercial PACE in Texas”. Alan also will speak on “Mineral Issues’ Impact on Utility Scale Solar in Texas” during the “Lunch and Learn” session. Solar Power Texas will be held on June 13-14th at the Sheraton Austin Hotel at the Capitol, Austin, Texas. http://events.solar/texas/
- [The Rise of Wind Power in Texas](https://sbaustinlaw.com/the-rise-of-wind-power-in-texas/)
- [Wind surge in ERCOT prompts PUC 'concern' about nonmarket uplift](https://sbaustinlaw.com/wind-surge-in-ercot-prompts-puc-concern-about-nonmarket-uplift/)
- [M&A Trend in Renewable Energy Sector: a Competition for Ascension](https://sbaustinlaw.com/ma-trend-in-renewable-energy-sector-a-competition-for-ascension/) - http://breakingenergy.com/2017/03/07/aes-acquires-spower-ma-scalability-energy/
- [America May Be the World's Biggest LNG Supplier in Two Decades](https://sbaustinlaw.com/america-may-be-the-worlds-biggest-lng-supplier-in-two-decades/) - https://www.bloomberg.com/news/articles/2017-03-09/america-may-be-the-world-s-biggest-lng-supplier-in-two-decades
- [E.ON Announces Texas Energy Storage Projects](https://sbaustinlaw.com/e-on-announces-texas-energy-storage-projects/)
- [Liquefied natural gas exports expected to drive growth in U.S. natural gas trade](https://sbaustinlaw.com/liquefied-natural-gas-exports-expected-to-drive-growth-in-u-s-natural-gas-trade/) - "The United States is expected to become a net exporter of natural gas on an average annual basis by 2018, according to the recently released Annual Energy Outlook 2017 (AEO2017) Reference case. The transition to net exporter is driven by declining pipeline imports, growing pipeline exports, and increasing exports of liquefied natural gas (LNG). In
- [Commercial Real Estate Loans in U.S. Reach Record-Setting Levels in Late 2016](https://sbaustinlaw.com/commercial-real-estate-loans-in-u-s-reach-record-setting-levels-in-late-2016/) - "According to CBRE, commercial real estate lending volume in the U.S. finished the year on a strong note as loan closings surged in November and December 2016. Despite concerns throughout the year regarding the direction of the global economy, U.S. capital markets remained favorable to borrowers in Q4 2016 due to low relative rates and
- [Texas Connects Us: Solar Energy Plants in Texas Projected to Double](https://sbaustinlaw.com/texas-connects-us-solar-energy-plants-in-texas-projected-to-double/)
- ['The wild west of wind': Republicans push Texas as unlikely green energy leader](https://sbaustinlaw.com/the-wild-west-of-wind-republicans-push-texas-as-unlikely-green-energy-leader/) - "Living in New York and Washington, Greg Wortham heard all the grand talk about green energy from liberal politicians. Then he returned to the place where he grew up, a small town that embraced wind power so warmly that within a couple of years of the first turbine turning, it had some of the biggest
- [Wind Provides 25,000 Texas Jobs](https://sbaustinlaw.com/wind-provides-25000-texas-jobs/) - “That’s enough energy to power more than 5.7 million homes here in Texas, and also provide more than 25,000 jobs here in Texas,” said Tom Kiernan, who runs the wind energy trade group.” Read More Here
- [Renewable Energy Law Conference - Austin, TX -- Jan. 31- Feb. 1, 2017.](https://sbaustinlaw.com/renewable-energy-law-conference-austin-tx-jan-31-feb-1-2017/) - Join leading attorneys and industry experts in wind, solar, and storage for two days of the latest developments affecting renewable energy in Texas and nationwide. The Renewable Energy Law Conference blends law, economics, technology, finance, tax, and regulatory policy, and is aimed at industry participants, legal and financial advisors, and key legislative and regulatory policymakers and staff.
- [Austin, Texas Law Firm Announces New Partner](https://sbaustinlaw.com/austin-texas-law-firm-announces-new-partner/) - January 12, 2017 Austin, Texas. The law firm of Stahl, Bernal, Davies, Sewell & Chavarria is pleased to announce that Alan M. Cohen has been named a partner in the Firm. Since he joined the firm in 2014, Alan has practiced in the Firm’s Commercial Real Estate, Renewable Energy and Construction practice groups. Alan represents
- [Texas Grid Operator Announces Yet Another Wind Output Record](https://sbaustinlaw.com/texas-grid-operator-announces-yet-another-wind-output-record/) - http://nawindpower.com/texas-grid-operator-announces-yet-another-wind-output-record?utm_medium=email&utm_source=LNH+12-21-2016&utm_campaign=NAW+Latest+News+Headlines
- [New Record: ERCOT Reports Massive Amount Of Electricity From Wind](https://sbaustinlaw.com/new-record-ercot-reports-massive-amount-of-electricity-from-wind/) - "Wind generation officially set a new record on Sunday afternoon, accounting for more than 15,000 MW of the electricity used in the Electric Reliability Council of Texas (ERCOT) region for the first time ever. Specifically, the ERCOT system used a whopping 15,033 MW of electricity from wind at 12:35 p.m. on Sunday, Nov. 27, representing
- [Welcome!](https://sbaustinlaw.com/welcome/) - Welcome to the Wind Energy news & blog page. Keep checking back as we'll be adding new Wind Energy pertinent information regularly. Thanks for stopping by! Stahl, Bernal & Davies, LLP
- [Texas Tax Blog](https://sbaustinlaw.com/texas-tax-blog/) - Welcome to the Texas Tax Blog. Check back frequently as we will be posting blogs, article links and seminar information relating to Texas Tax here regularly.
- [Real Estate Blog](https://sbaustinlaw.com/real-estate-blog/) - Welcome to the SBAustinLaw.com Real Estate Blog. We will be posting information about real estate and real estate law in this blog. So check back frequently for updates.
- [COST OVER-RUNS THREATEN TRANSITION TO NODAL BASED ELECTRIC GRID](https://sbaustinlaw.com/cost-over-runs-threaten-transition-to-nodal-based-electric-grid/) - The state’s decision to change its wholesale electric market design from one based on geographic zones to one based on thousands of discrete nodes was supposed to have made the system more reliable, less congested and cheaper in the long run. However, as the cost associated with the transition to a nodal market rises precipitously
- [Credit for Green Renovations](https://sbaustinlaw.com/credit-for-green-renovations/) - PROPOSED LEGISLATION WOULD OFFER INCENTIVES FOR GREEN RENOVATIONS Representative Joe Straus (R-San Antonio) has filed a bill that would provide state tax breaks for commercial building renovations that meet energy-efficiency standards. The proposal is to refund sales taxes imposed on building repair and remodeling services to meet the Energy Star standards set by the U.S. Environmental Protection Agency. To qualify,
- [Wind energy expected to continue strong gains](https://sbaustinlaw.com/wind-energy-expected-to-continue-strong-gains/) - The American Wind Energy Association is predicting that 2009 will be a year of progress for renewable energy, despite current economic conditions. The organization is particularly optimistic for the near future based on the growth of the wind industry in recent years along with the incoming Obama administration's planned emphasis on green technology. Read More.
- [2009 LEED GUIDELINES](https://sbaustinlaw.com/2009-leed-guidelines/) - US GREEN BUILDING COUNCIL SET TO ROLL OUT 2009 LEED GUIDELINES The nationally-renowned rating system for green buildings is getting a major upgrade. The U.S. Green Building Council (USGBC) rolled out the new Leadership in Energy and Environmental Design (LEED) guidelines, updated for 2009, and approved by the USGBC membership in November 2008. The LEED 2009 system re-weights
- [Firms Provide Updates On Proposed Nodal Market Conversion](https://sbaustinlaw.com/firms-provide-updates-on-proposed-nodal-market-conversion/) - In December, two consulting firms CRA International Inc. and Resero Consulting provided an updated cost-benefit analysis for the proposed Electric Reliability Council of Texas nodal market conversion. The firms were retained by the Public Utility Commission of Texas to prepare an update on the 2004 Cost-Benefit Assessment (CBA) of the Texas nodal market and to
- [Obama Wants to Double Energy Tax Credit Stimulus](https://sbaustinlaw.com/obama-wants-to-double-renewable-energy-tax-credit-stimulus/) - Reports today indicate that President Elect Obama is pushing to double the energy tax credit portion of the stimulus package being prepared by Congress. The increase could put the tax credit's total value at $20 - 25 billion. A large portion of this tax credit package is expected to be allocated to production tax credits for renewable energy; the bill may also extend the expiration date of
- [States Expand Efforts to Collect Sales Taxes on Internet Sales](https://sbaustinlaw.com/states-expand-efforts-to-collect-sales-taxes-on-internet-sales/) - An article posted on Yahoo! Tech today highlights states' increasing efforts to collect sales taxes on internet sales as they face significant budget shortfalls. You can find the article here: http://tech.yahoo.com/news/ap/20090112/ap_on_hi_te/tec_internet_sales_taxes.
- [New twist for Pickens in energy independence fight](https://sbaustinlaw.com/new-twist-for-pickens-in-energy-independence-fight/) - WASHINGTON (AP) — Texas oilman T. Boone Pickens is adding a new wrinkle to his push for U.S. energy independence: monthly updates to remind Americans how much money they're paying for foreign oil. Pickens, a billionaire who is spending $60 million on a high-profile campaign to boost the use of wind power and natural gas,
- [Old Turbines Get a Second Wind Through Remanufacturing](https://sbaustinlaw.com/old-turbines-get-a-second-wind-through-remanufacturing/) - Wind energy technology has advanced so much in recent decades that a handful of larger, more efficient turbines can now do the same job as hundreds of smaller turbines, allowing utilities to squeeze more electricity out of the same area of land. That means that many owners of wind farms built during the California wind
- [Mandatory sales price disclosure proposed again.](https://sbaustinlaw.com/mandatory-sales-price-disclosure-proposed-again/) - Texas State Senator Jeff Wentworth's Senate Bill 444 would make recording a real estate conveyance illegal unless the sales price is disclosed in the public record. Purchasers in violation would be liable for 5% of the sales price. Mandatory sales price disclosure bills have gained little traction in prior legislative sessions. Check the progress of
- [Council State Taxation Publishes Article on Unclaimed Property Laws](https://sbaustinlaw.com/council-state-taxation-publishes-article-on-unclaimed-property-laws/) - The Council on State Taxation (COST) has published a new article titled "Unclaimed Property Scorecard" that compares the unclaimed property laws of all 50 states. A link to the article can be found on COST's website (www.cost.org).
- [California’s Wind Slowdown](https://sbaustinlaw.com/californias-wind-slowdown/) - The chart at the top shows the top five wind power states and how their capacity has grown over the two years between 2006 and 2008. Iowa’s wind power capacity grew by 198 percent, Texas by 157 percent, and Minnesota and Washington grew quickly too. The outlier is California, which saw just 7 percent growth
- [Federal aid for commercial real estate?](https://sbaustinlaw.com/federal-aid-for-commercial-real-estate/) - The Real Estate Roundtable has been lobbying for federal aid for the ailing commercial real estate sector. The Roundtable's five point plan: 1. Expand the Term Asset-Backed Securities Loan Facility (TALF); 2. Encourage foreign capital investment in U.S. real estate. 3. Modify accounting rules. 4. Encourage banks to extend performing loans. Also, temporarily suspend the
- [Recovery Bill Includes Funding For Renewables](https://sbaustinlaw.com/recovery-bill-includes-funding-for-renewables/) - The House of Representatives has passed the American Recovery and Reinvestment Bill of 2009 by a vote of 244 to 188. This legislation includes several measures to promote the use of renewable energy and provide improvements to the country's transmission system. "Action on this economic recovery package will create American jobs now, lay a foundation
- [Texas Wind Transmission Projects Announced](https://sbaustinlaw.com/texas-wind-transmission-projects-announced/) - Texas regulators last week identified 13 companies that will build transmission lines to aid wind power production in the state, as reported in Texas newspapers. Texas leads the country in wind production, with close to three times as much wind capacity as the second-place state, Iowa. But with wind farms sprouting up so quickly, building
- [An Ambitious Vision for Upscaling Wind Transmission](https://sbaustinlaw.com/an-ambitious-vision-for-upscaling-wind-transmission/) - Wind could provide 20 percent of the energy of the power grid that serves most of eastern North America, but the transmission lines would cost about $80 billion, according to a study conducted by Midwest grid operators. The study is highly unusual in its breadth. Grid operators routinely consult among companies in their respective regions
- [Debtor relief](https://sbaustinlaw.com/debtor-relief/) - Texas legislators are filing bills that would provide debtors with additional protections against foreclosure. SB 472 would increase the mandatory cure period before a lender could post to foreclose on a residence from 20 to 45 days. It would also require foreclosure notices to be accompanied by a new canary yellow sheet of consumer protection tips,
- [Inching Toward a Smarter Grid](https://sbaustinlaw.com/inching-toward-a-smarter-grid/) - The stimulus bill splits funding for the nation’s electric grid into two separate pots, with $11 billion for the so-called “smart grid” — an umbrella term referring to a more efficient, digitally managed power delivery system — and $10 billion for power transmission. But as the Center for American Progress pointed out this week in
- [U.S. Dept. of Interior to Spur Renewable Energy Development on U.S. Lands](https://sbaustinlaw.com/us-dept-of-interior-to-spur-renewable-energy-development-on-us-lands/) - WASHINGTON, D.C. – Secretary of the Interior Ken Salazar today issued a Secretarial Order making the production, development, and delivery of renewable energy top priorities for the Department. Salazar’s Secretarial order establishes an energy and climate change task force that will spur this agenda and identify specific zones on U.S. public lands where Interior can
- [New wind farms take state's wind capacity past 1,000 megawatts a year](https://sbaustinlaw.com/new-wind-farms-take-states-wind-capacity-past-1000-megawatts-a-year/) - Two new wind farms in Kansas will make the state one of the few in the country with more than 1,000 megawatts of electricity generated every year by wind power. Government and industry officials say the state is beginning to take advantage of its windy conditions, but much work remains to make wind energy a
- [Texas Comptroller February 2009 Tax Policy News Posted](https://sbaustinlaw.com/texas-comptroller-february-2009-tax-policy-news-posted/) - The Texas Comptroller’s February 2009 Tax Policy News has been posted. The newsletter addressed certain combined group reporting issues for Texas franchise tax. The newsletter also highlighted a recent tax ruling addressing whether or not a bar's charge for a full bottle of liquor (which might also include a reserved table charge) is subject to
- [Texas PUC seeks to free up congested lines for wind power](https://sbaustinlaw.com/texas-puc-seeks-to-free-up-congested-lines-for-wind-power/) - Wind-farm developers, retail electric providers and others in Texas outlined their recommended approaches for dealing with overloaded power lines in areas with thousands of megawatts of wind farms, according to filings posted at the Public Utility Commission of Texas Thursday. Such congestion forces the curtailment of wind-turbine operations, so parties want to establish a system
- [Comptroller Hearing Decision Reinforces Determination Denying the Manufacturing Exemption to Telecommunications Services Providers](https://sbaustinlaw.com/comptroller-hearing-decision-reinforces-determination-denying-the-manufacturing-exemption-to-telecommunications-services-providers/) - The Comptroller's decision in Hearing 45,795 (October 21, 2008) reinforces the holdings in prior hearings (including Hearing No. 43,999) that telecommunications services providers are not entitled to purchase equipment using the manufacturing exemption. Telecommunications services providers had argued in past hearings, and in this one, that they process radio signals which fall within the Sales
- [Texas Senate Jurisprudence Committee Considers Foreclosure Fee](https://sbaustinlaw.com/texas-senate-jurisprudence-committee-considers-foreclosure-fee/) - Texas' Senate Jurisprudence Committee met April 15, 2009 and considered a bill (SB 2214)which would impose a $150 fee on foreclosure filings; proceeds from the fee would be sued to help fund civil legal services for poor Texans. Read More Here
- [Survey: Commercial Real Estate More Hopeful](https://sbaustinlaw.com/survey-commercial-real-estate-more-hopeful/) - GlobeSt.com reported results from the Real Estate Roundtable Sentiment Survey for Q2 2009. The industry is feeling more hopeful that a recovery is on the horizon. According to GlobeSt.com's report, Roundtable leader Jeff DeBoer finds the results reflective of encouraging government reports. He still sees a "dangerous" economy and is eyeing how the government plays its "wild card"
- [Time Magazine reports incentives to extend commercial real estate loans likely](https://sbaustinlaw.com/time-magazine-reports-incentives-to-extend-commercial-real-estate-loans-likely/) - Time reports that "the bailout may be coming to your local mall." $1.3 trillion in loans to commercial properties come due between now and 2013 and at least half will not qualify for refinancing. So, the Federal Reserve and Treasury are looking at incentives to banks to extend existing commercial real estate loans. Read Time's report at http://www.time.com/time/business/article/0,8599,1893125,00.html
- [Kansas governor announces deal on transmission lines](https://sbaustinlaw.com/kansas-governor-announces-deal-on-transmission-lines/) - Two competing companies have reached a deal to share the building of high-voltage power lines from Wichita to Dodge City, Kan. Kansas Gov. Mark Parkinson said Monday that the settlement cleared the way for the project, worth up to $800 million, to proceed. Today, delivery of wind energy is cobbled together with various lower-voltage power
- [Embracing the Future: The Midwest and a New National Energy Policy](https://sbaustinlaw.com/embracing-the-future-the-midwest-and-a-new-national-energy-policy/) - Yesterday, the Chicago Council on Global Affairs released a task force report entitled, Embracing the Future: The Midwest and a New National Energy Policy, that calls upon the Midwest to turn the challenge of energy and climate policy creation to its economic advantage. With new data and analysis, the report shows that while the costs of
- [Pew Study Shows Texas Growing in Clean-Energy Jobs](https://sbaustinlaw.com/pew-study-shows-texas-growing-in-clean-energy-jobs/) - According to a study released June 10 by the Pew Charitable Trusts, Texas is a leading player in the rapidly expanding clean-energy economy. Wind plays a big role in the number of green jobs. If Texas were a nation, it would rank sixth in the world for annual wind-energy production, behind Germany, the U.S., Spain,
- [Judge to decide fate of Arizona renewable energy standards](https://sbaustinlaw.com/judge-to-decide-fate-of-arizona-renewable-energy-standards/) - An Arizona court has decided to hear a case on whether the Arizona Corporation Commission exceeded its authority in 2006 when it established a 15% Renewable Energy Standard for regulated Arizona utilties. The case is expected to be decided within the next few months. Article
- [Energy secretary announces $16 million for Iowa](https://sbaustinlaw.com/energy-secretary-announces-16-million-for-iowa/) - In an announcement given on Monday June 22, 2009, U.S. Energy Secretary Steven Chu state Iowa will receive $16 million for energy efficiency and renewable energy projects, an amount that likely will grow to $40 million as the state ramps up its efforts. According to the anouncement, officials will monitor the initial state spending before allocating the
- [U.S. joins International Renewable Energy Agency](https://sbaustinlaw.com/us-joins-international-renewable-energy-agency/) - The United States has joined the International Renewable Energy Agency. IRENA was established to facilitate international development of renewable energy; it is currently headquartered in the United Arab Emirates and has 135 member nations. Article; IRENA Website
- [Top 10 Reasons the Senate should Strengthen and Pass ACES](https://sbaustinlaw.com/top-10-reasons-the-senate-should-strengthen-and-pass-aces/) - The Director of the NRDC Climate Center in Washington, D.C., Dan Lashof, believes the U.S. Senate should strengthen and pass The American Clean Energy and Security Act (ACES). In an article published today, he lists his top reasons why ACES will help the U.S. economy grow and become more energy independent from clean, renewable energy at the same time. ACES
- [Commercial Real Estate Construction to Fall 16% in 2009 and 12% in 2010](https://sbaustinlaw.com/us-commercial-construction-to-drop-16-this-year-report-says/) - The American Institute of Architects expects construction expenditures on commercial real estate projects to decline 16 percent in 2009 and an additional 12 percent next year. commercial real estate construction decline. The AIA projects the specific category declines as follows: Commercial / industrial 2009 2010 o Retail -28.0% -12.6% o Hotels -25.8% -16.8% o Office buildings -21.5% -17.3% o Industrial facilities
- [Study Suggests Wind Power Potential Is Much Higher Than Current Estimates](https://sbaustinlaw.com/study-suggests-wind-power-potential-is-much-higher-than-current-estimates/) - According to a Harvard University study published last week in the Proceedings of the National Academy of Sciences of the United States, global wind energy potential is considerably higher than previous estimates. An older study cited in the paper estimated the world wind power potential to be about seven times greater than current power consumption. The new
- [Treasury, Energy Announce $500 Million in Recovery Act Awards for Clean Energy Projects](https://sbaustinlaw.com/treasury-energy-announce-500-million-in-recovery-act-awards-for-clean-energy-projects/) - Initial Round of Cash Assistance for Wind, Solar Projects in Eight States Will Create Jobs, Increase Development WASHINGTON– Marking a major milestone in the effort to spur private sector investments in clean energy and create new jobs for America's workers, Treasury Secretary Tim Geithner and Energy Secretary Steven Chu today announced $502 million in the
- [Treasury, Energy SURPASS $1 BillioN MILESTONE IN RECOVERY ACT AWARDS for Clean Energy Projects](https://sbaustinlaw.com/treasury-energy-surpass-1-billion-milestone-in-recovery-act-awards-for-clean-energy-projects/) - WASHINGTON– September 22, 2009 Treasury Secretary Tim Geithner and Energy Secretary Steven Chu hosted a group of clean energy developers and manufacturers at the White House to discuss how the American Recovery and Reinvestment Act (Recovery Act) is creating jobs and helping expand the development of clean, renewable domestic energy. At the meeting, Secretaries Geithner and
- [The Comptroller’s August 2009 Tax Policy News Issues Franchise Tax Policy Concerning Management Companies](https://sbaustinlaw.com/the-comptrollers-august-2009-tax-policy-news-issues-franchise-tax-policy-concerning-management-companies/) - Under the revised franchise tax based on margin, entities that qualify as “management companies” are permitted to exclude certain reimbursements that it receives from its clients from its Total Revenue. The term “management company” is defined in Texas Tax Code § 171.0001(11) as “a corporation, limited liability company, or other limited liability entity that conducts all
- [Court of Appeals Upholds Resale Exemption for Software Purchased and Transferred to Franchisees](https://sbaustinlaw.com/court-of-appeals-upholds-resale-exemption-for-software-purchased-and-transferred-to-franchisees/) - In 7-Eleven, Inc. v. Combs (Third Court of Appeals, No. 03-08-00212-CV, Aug. 31, 2009), the Court held that the taxpayer was entitled to a resale exemption on software that it purchased and transferred to its franchisees as a an integral part of its provision of taxable data processing services to the franchisees. The software was
- [Comptroller Hearing Distinguishes Between Nontaxable Preliminary Art and Taxable Finished Art](https://sbaustinlaw.com/comptroller-hearing-distinguishes-between-nontaxable-preliminary-art-and-taxable-finished-art/) - In Hearing No. 47,841, the taxpayer reviewed preliminary designs for holiday cards, invitation postcards, mailing stuffers, insert cards, banners, t-shirts, brochures, flyers, trade show inserts, ads and notebooks prepared by a third party. The taxpayer reviewed the designs only in electronic form. The taxpayer then instructed the third party to deliver the designs to a
- [Governor Doyle Signs Bill Strengthening Wisconsin’s Wind Industry](https://sbaustinlaw.com/governor-doyle-signs-bill-strengthening-wisconsins-wind-industry/) - NEW BERLIN – Governor Jim Doyle today signed into law Senate Bill 185, creating more uniform standards for siting wind projects and strengthening Wisconsin’s wind industry. “With our resources and strategic location, we have a tremendous opportunity to become a worldwide leader in wind energy,” Governor Doyle said. “This bill is a clear statement
- [Energy Department Announces New Private Sector Partnership to Accelerate Renewable Energy Projects](https://sbaustinlaw.com/energy-department-announces-new-private-sector-partnership-to-accelerate-renewable-energy-projects/) - New Financial Institutional Partnership Program will accelerate deployment of billions in lending under Recovery Act Washington DC --- U.S. Energy Secretary Steven Chu today announced the Department of Energy (DOE) will provide up to $750 million in funding from the American Recovery and Reinvestment Act to help accelerate the development of conventional renewable energy generation
- [California and Texas: Renewable Energy’s Odd Couple](https://sbaustinlaw.com/california-and-texas-renewable-energys-odd-couple/) - In addition to strong winds and lots of land Texas’s secret, is its lack of regulation. Wind developers rave about the fact that they need few state permits to build a wind project. They deal mainly with local officials, who are generally receptive (energy, after all, is a well-loved commodity in Texas). California, by contrast, has all but
- [Kansas Supreme Court Upholds Flint Hills Ban on Wind Farm Development](https://sbaustinlaw.com/kansas-supreme-court-upholds-flint-hills-ban-on-wind-farm-development/) - The Kansas Supreme Court has upheld a 2004 Wabaunsee County ordinance that bans the construction of commercial wind farms in the County. The unanimous court decision acknowledged the County Commission's concerns about potential harm to the aesthetics and ecology of the Flint Hills if wind turbines were erected in the County. The Court's decision calls into question whether the ordinance which prohibits commercial farms but allows smaller wind generators for personal use is a violation of the U.S. Constitution. Read the Flint Hills Court Decision Here.
- [Brewster McCracken  - Pecan Street Project’s executive director](https://sbaustinlaw.com/brewster-mccracken-pecan-street-projects-executive-director/) - The board of directors of the Austin clean energy non-profit Pecan Street Project (PSP) voted unanimously to hire former Council Member Brewster McCracken as the group’s executive director. The Pecan Street Project recently won a $10.4 million grant from the federal Department of Energy to start up a smart grid at the Mueller development in Austin,
- [Expert Panel Concludes Wind Turbine Sounds Not Harmful To Human Health](https://sbaustinlaw.com/expert-panel-concludes-wind-turbine-sounds-not-harmful-to-human-health/) - The American Wind Energy Association (AWEA) recently announced that a multidisciplinary panel has concluded that the sounds generated by wind turbines are not harmful to human health. Comprised of medical doctors, audiologists, and acoustical professionals from the United States, Canada, Denmark, and the United Kingdom, the panel undertook extensive review, analysis, and discussion of the large body of peer-reviewed literature, specifically with regard to sound produced by wind turbines. The expert panel was established by AWEA and the Canadian Wind Energy Association (CanWEA) to review all current literature available on the issue of perceived health effects of wind turbines. Read More About Wind Turbines and Health.
- [Senators Feinstein and Merkley Introduce Measure to Spur Renewable Energy Development](https://sbaustinlaw.com/senators-feinstein-and-merkley-introduce-measure-to-spur-renewable-energy-development/) - Washington, DC – U.S. Senators Dianne Feinstein (D-Calif.) and Jeff Merkley (D-Ore.) today introduced a measure to spur the development of renewable energy employment and construction, such as wind and solar farms and solar panel factories. The bill would primarily extend and expand a popular Treasury Department grant program that was established in Section 1603
- [Smitherman: Let the wind blow in Texas](https://sbaustinlaw.com/smitherman-let-the-wind-blow-in-texas/) - Today we have enough wind turbines in Texas to produce nearly 100 times more pollution-free electricity than the turbines we had in place 10 years ago. These high-tech windmills now can generate almost 10,000 megawatts, enough electricity to power 3.5 million Texas homes during the hottest weather of the year. We have more wind energy than every other state and all but a handful of countries. However, most of the development to date has occurred in the Midland to Sweetwater corridor, not in the Panhandle.
- [U.S. WIND ENERGY INDUSTRY BREAKS ALL RECORDS, INSTALLS NEARLY 10,000 MW IN 2009](https://sbaustinlaw.com/u-s-wind-energy-industry-breaks-all-records-installs-nearly-10000-mw-in-2009/) - January 26, 2010. WASHINGTON, D.C. – The U.S. wind industry broke all previous records by installing nearly 10,000 megawatts (MW) of new generating capacity in 2009 (enough to serve over 2.4 million homes), but still lags in manufacturing, the American Wind Energy Association (AWEA) said today in its Q4 report. These new projects place wind
- [Energy Department Defends Funding of Foreign-Owned Renewables Projects](https://sbaustinlaw.com/energy-department-defends-funding-of-foreign-owned-renewables-projects/) - Last week the Department of Energy defended its allocation of stimulus funding to foreign companies developing renewable energy projects in the United States. Matt Rogers, the senior advisor to the Secretary of Energy, told the Senate Committee on Energy and Natural Resources, on Thursday that 100 percent of the $2.6 billion it gave out through
- [Interior Secretary Salazar Announces Advisory Committee Consensus On Wind Turbine Guideline Recommendations](https://sbaustinlaw.com/interior-secretary-salazar-announces-advisory-committee-consensus-on-wind-turbine-guideline-recommendations/) - WASHINGTON, DC- Secretary of the Interior Ken Salazar praised the work of the 22-member Wind Turbine Guidelines Federal Advisory Committee, which reached consensus on a set of draft recommendations aimed at minimizing the impacts of land-based wind farms on wildlife and its habitat. Salazar said he will review the recommendations and take them under advisement as he asks the Service to develop guidelines for evaluating wind energy development on public and private lands. “Wind power is one of the keys to America’s clean energy future, but its development must be balanced with the long-term protection of the natural resources under our management,” Salazar said. “I commend the committee for their two years of work developing these recommendations, which will help us ensure that wind energy is developed in a responsible manner.” Highlights of the committee’s recommendations include: * A decision-making framework that guides all stages of wind energy development; * Reliance on the best available science when assessing renewable energy projects and their potential environmental impact; and * Use of landscape-scaled planning that recognizes the need to think long-term about protecting our nation’s economic and natural resources. “The Interior Department is creating a new energy frontier for America by harnessing the renewable-energy potential of America’s public lands while protecting wildlife,” said Michael Bean, Counselor to Assistant Secretary for Fish and Wildlife and Parks. “The Committee’s recommendations will help us reach science-based decisions for future wind energy projects, while minimizing and mitigating local and regional impacts to wildlife.” The group was created in accordance with the Federal Advisory Committee Act and represents varied interests associated with wind energy development as well as wildlife management professionals. The Committee does not address off-shore wind energy development. The committee reports to the Secretary of the Interior through the Director of the U.S. Fish and Wildlife Service. It functions solely as an advisory body, providing recommendations on effective measures to protect wildlife resources and coordinate the review and evaluation of facilities by state, tribal, local and federal agencies. The draft report contains both policy recommendations and recommended voluntary guidelines for siting and operating wind energy projects in order to avoid or minimize potential impacts to wildlife and habitat. Committee members were selected by the Secretary from a large pool of candidates to represent a balance of stakeholder groups with the necessary policy, technical and scientific expertise to address minimization of wildlife impacts associated with the development of the nation’s wind energy potential. A complete list of committee members and their affiliations, as well as the current draft consensus version and other information on the committee’s activities, is available online at: http://www.fws.gov/habitatconservation/windpower/wind_turbine_advisory_committee.html. The Federal Advisory Committee Act, also known as FACA, was enacted by Congress in 1972 to ensure that advice rendered to the executive branch by advisory committees, task forces, boards and commissions formed by Congress and the President, be both objective and accessible to the public. The Act formalized a process for establishing, operating, overseeing, and terminating these advisory bodies. The General Services Administration is responsible for implementing FACA. In accordance with FACA, an announcement of the Committee renewal will be published in the Federal Register. To learn more about the Interior Department’s wind initiatives, please see http://www.doi.gov/whatwedo/energy/.
- [ERCOT Using New Forecasting Tool to Prepare for Wind Variability](https://sbaustinlaw.com/ercot-using-new-forecasting-tool-to-prepare-for-wind-variability/) - The Electric Reliability Council of Texas, grid operator for most of the state, has implemented a first-of-its-kind wind forecasting tool designed to help system operators prepare for large and sudden changes in wind production. The ERCOT region leads the nation with the most installed wind capacity – now at nearly 9,000 megawatts (MW) – almost a
- [A Banner Year for Wind Power](https://sbaustinlaw.com/a-banner-year-for-wind-power/) - While the American housing market remained in a slump in 2009 and automakers limped along the wind industry continued to boom, according to a report released Thursday. A record 10,010 megawatts of new wind capacity was installed in the United States last year, accounting for 39 percent of new electrical generation, the American Wind Energy Association
- [War Against a Wind-Rich Super Grid](https://sbaustinlaw.com/war-against-a-wind-rich-super-grid/) - A coalition has emerged concerning the idea of a strong national electric grid, centrally planned and broadly financed, that would promote renewable energy. The coalition includes giant investor-owned utilities, public power entities, influential elected officials of both parties and state energy officials, and they speak with a single voice. They all oppose it. The group,
- [NREL's Annual Assessment Shows More Consumers Making Clean Power Choices](https://sbaustinlaw.com/nrels-annual-assessment-shows-more-consumers-making-clean-power-choices/) - The U.S. Department of Energy’s (DOE) National Renewable Energy Laboratory (NREL) today released its annual assessment of leading utility green power programs. Under these voluntary programs, consumers can choose to help support additional electricity production from renewable resources such as wind and solar. According to the NREL analysis, more than 850 utilities across the United
- [Push for Clean Energy Legislation this Year](https://sbaustinlaw.com/push-for-clean-energy-legislation-this-year/) - Members of the Senate Democratic caucus met on June 24 to discuss possible provisions for comprehensive clean energy legislation Majority Leader Harry Reid (D-Nev.) plans to bring up next month. Democratic chiefs of staff are to be briefed Friday on the various climate proposals. At this point it seems any of the components could be
- [Comptroller Advises Contractors to Verify Exempt Status of Customers When Improving Real Property](https://sbaustinlaw.com/comptroller-advises-contractors-to-verify-exempt-status-of-customers-when-improving-real-property/) - Tax Code sec. 151.311 permits contracts to purchase materials, consumables, and incorporated taxable services tax-free when improving real property for an exempt entity. In her May 2010 Tax Policy News, the Comptroller advises that if a contractor fails to verify that its customer is registered with the Comptroller as an exempt entity by utilizing the
- [Comptroller Explains Revenue Exclusion for Construction Industry](https://sbaustinlaw.com/comptroller-explains-revenue-exclusion-for-construction-industry/) - The Comptroller highlights franchise tax issues facing the construction industry in its August 2010 Tax Policy News. In addition to explaining other franchise tax issues, the Comptroller clarifies that the revenue exclusion permitted for flow-through payments to subcontractors is only permitted when the taxable entity has a contract with its client that states that the
- [Comptroller Explains Cost of Goods Sold Deduction for Construction Industry](https://sbaustinlaw.com/comptroller-explains-cost-of-goods-sold-deduction-for-construction-industry/) - The Comptroller highlights franchise tax issues facing the construction industry in its August 2010 Tax Policy News. In addition to explaining other franchise tax issues, the Comptroller explains her interpretation that Tax Code § 171.1012(i)’s special provision that allows certain businesses in the construction industry to take the cost of goods sold deduction limits the deduction’s
- [Comptroller Issues Guidance for Transportation Industry](https://sbaustinlaw.com/comptroller-issues-guidance-for-transportation-industry/) - The Comptroller highlights franchise tax issues facing the transportation industry in its September 2010 Tax Policy News. In addition to explaining other franchise tax issues, the Comptroller notes the following agency rules and policies: (1) transportation companies are not entitled to use the cost of goods sold deduction, (2) transportation companies are not permitted to
- [Will title insurance cover faulty foreclosures?](https://sbaustinlaw.com/will-title-insurance-cover-faulty-foreclosures/) - With the recent hold on proceeding with foreclosures and potential misdeeds of large financial institutions like GMAC, Bank of America, and JP Morgan Chase, several are left wondering whether they are going to be able to take back or give back foreclosed property. Title insurance, which is usually a fee that purchasers have to buy
- [Persons Providing Flight Instruction Must Have A Sales Tax Permit to Purchase Aircraft Sales-Tax-Free](https://sbaustinlaw.com/persons-providing-flight-instruction-must-have-a-sales-tax-permit-to-purchase-aircraft-sales-tax-free/) - Comptroller Hearing No. 101.806 involved the exemption provided to flight instructors in Tax Code § 151.328(a)(2). This statute permits persons engaged in flight instruction to purchase aircraft sales-tax-free. One condition of the exemption is that the instructor must have a sales tax permit. In the hearing decision, the ALJ agreed that flight instruction is not
- [Texas wind power used to offset Superbowl's energy use](https://sbaustinlaw.com/texas-wind-power-used-to-offset-superbowls-energy-use/) - During the 2011 Superbowl, the expected electricity use at Cowboys Stadium was offset 100% with the purchase of wind energy credits. That ensured that for every megawatt-hour of electricity used to power the event and facilities, directly and indirectly, an equivalent amount of wind energy was generated at a wind farm in Texas, the energy
- [Wisconsin's Fight Over Wind Siting Rules May Have Implications](https://sbaustinlaw.com/wisconsins-fight-over-wind-siting-rules-may-have-implications/) - The Wisconsin state Legislature passed Wisconsin Act 40 (Act 40) in 2009, requiring the state's Public Service Commission (PSC) to create rules that specify the most restrictive conditions that a political subdivision may impose on the installation or use of a wind energy system. In response to this, the PSC established a wind siting council,
- [Clean-Energy Companies Jump for Second Day After Japanese Atomic Accident](https://sbaustinlaw.com/clean-energy-companies-jump-for-second-day-after-japanese-atomic-accident/) - Equipment makers for solar and wind energy climbed, rallying for a second day amid speculation that clean energy will benefit in the wake of Japan's nuclear reactor accident. Among wind turbine companies, German's Nordex SE rose 19 percent, and in the U.S., Broadwind Energy Inc. (BWEN) jumped 24 percent. Germany will halt nuclear reactors accounting
- [Third Court Issues Opinion on Resale Exemption in Health Care Services Corp. Case](https://sbaustinlaw.com/third-court-issues-opinion-on-resale-exemption-in-health-care-services-corp-case/) - The Third Court of Appeals in Austin recently issued an opinion involving the automatic title transfer provisions in the federal FAR regulations that affect companies that do business with the federal government. The FAR regulations dictate that title to property purchased by a vendor to the federal government immediately passes to the government. Texas courts
- [Federal suit challenges Colorado Renewable Energy Law](https://sbaustinlaw.com/federal-suit-challenges-colorado-renewable-energy-law/) - The American Tradition Institute and the American Tradition Partnership, joined by Morrison, Colorado businessman Rod Lueck, have filed a federal law suit to challenge Colorado's renewable energy standard (RES). Colorado's RES requires that large utilities acquire thirty (30) percent of their energy from renewable resources by 2020. The law suit alleges that the RES
- [State Sales Tax Proposed Legislation](https://sbaustinlaw.com/state-sales-tax-proposed-legislation/) - The Texas House moved to tighten the State’s rules regarding when online businesses must collect sales tax, in an effort to take a stand against internet retailers like Amazon.com. Proposed House Bill 2403 would amend the state tax code to clarify that a “seller or retailer” is required to collect sales tax if: - The
- [States' Energy Policies Key to Clean Energy Development](https://sbaustinlaw.com/states-energy-policies-key-to-clean-energy-development/) - According to a report from the U.S. Department of Energy's (DOE) National Renewable Energy Laboratory (NREL), States' policies are important to wind development. The report, State of the States 2010: The Role of Policy in Clean Energy Market Transformation, shows the connection between states' clean policies, renewable energy development and actual reductions in energy
- [Commercial Real Estate Loans Tick Up](https://sbaustinlaw.com/commercial-real-estate-loans-tick-up/) - The amount of commercial real estate loans held by banks grew at the end of April, showing improvement for the first time in over a year. Banks burdened by troubled loans have been ridding themselves of their real estate debt, which they feel leaves them too exposed, at the same time that new lending has
- [Salazar, Bromwich Announce Elimination of Redundant Step for Offshore Renewable Energy Leasing](https://sbaustinlaw.com/salazar-bromwich-announce-elimination-of-redundant-step-for-offshore-renewable-energy-leasing/) - On May 13, 2011, the U.S. Department of the Interior released a news release announcing that the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) has finalized a proposed rule that would eliminate an unnecessary step in the noncompetitive leasing process for commercial renewable energy development on the U.S. Outer Continental Shelf. The proposed
- [Filibuster Kills Extension of the $1 Million Small Business Franchise Tax Exemption](https://sbaustinlaw.com/filibuster-kills-extension-of-the-1-million-small-business-franchise-tax-exemption/) - Senate Bill 1811 was killed by a late filibuster at the end of the 2011 legislative session. Among other things, this bill would have extended the $1 million small business franchise tax exemption. Since the exemption was not extended, a sunset provision in the exemption (originally enacted during the 2009 legislative session) causes the exemption
- [Governor Vetoes "Internet Sales Tax" Bill](https://sbaustinlaw.com/governor-vetoes-internet-sales-tax-bill/) - House Bill 2403, as passed by the Texas Legislature, would have amended the Texas Tax Code to provide that a company has nexus with Texas for sales tax purposes if it (1) sells property owned by another person in Texas, (2) owns a "substantial ownership interest" in or in which a "substantial ownership interest" is
- [Bill aimed at reducing conflicts between wind turbines, military radars dies in Legislature](https://sbaustinlaw.com/bill-aimed-at-reducing-conflicts-between-wind-turbines-military-radars-dies-in-legislature/) - A Senate Bill aimed at reducing conflicts between wind turbines and military radars passed the Senate, but was never debated in the House. Wind turbine blades can mimic air crafts on radar and large wind farms can create images that can span miles on radar screens, interfering with air traffic controllers ability to see real
- [Germany decides to abandon nuclear power by 2022](https://sbaustinlaw.com/germany-decides-to-abandon-nuclear-power-by-2022/) - In the wake of Japan's Fukushima disaster, Germany has declared its intent to do without nuclear energy by shutting down all seventeen of its nuclear power plants by the year 2022. German Chancellor Angela Merkel said she hopes the transformation to more solar, wind and hydroelectric power becomes a test case for other countries. While
- [Removing Barriers for Clean Technologies](https://sbaustinlaw.com/removing-barriers-for-clean-technologies/) - The Electricity Storage Association (ESA) and the American Wind Energy Association (AWEA) have created a joint principles document to level the playing field for clean energy technologies, such as wind. One challenge addressed is energy storage. ESA Executive Director Brad Roberts stated that ESA advocates for the use of energy storage to modernize the power
- [CPS Energy ratchets up investment in solar](https://sbaustinlaw.com/cps-energy-ratchets-up-investment-in-solar/) - CPS Energy accepted bids in May for a 50-megawatt solar energy project, to be located in San Antonio. However, they recently notified companies that had submitted bids that they have until July 16, 2011 to resubmit their proposals- increasing their bid for up to 400 megawatts of solar energy. The reason for the drastic
- [Petagon OKs 229 green-energy projects](https://sbaustinlaw.com/petagon-oks-229-green-energy-projects/) - The Defense Department of the United States reviewed plans to develop renewable energy programs in 35 states and Puerto Rico. The Pentagon said the approved projects would "clear they way for future production of more than 10 gigawatts of renewable energy generation capacity." The projects include more than 6,000 wind turbines and 30 different
- [GE energy business signs $3 billion in new orders](https://sbaustinlaw.com/ge-energy-business-signs-3-billion-in-new-orders/) - General Electric Co. (GE) has received new orders worth more than $3 billion in recent months. The deals include, but are not limited to, $800 million in orders for wind and natural gas turbines in Brazil, a $300 million contract for natural gas turbines and services at two plants in Cairo, and a $40 million
- [Tax Law Provision Driving Wind Farm Development](https://sbaustinlaw.com/tax-law-provision-driving-wind-farm-development/) - The federal production tax credit (PTC) is set to expire at the end of 2012. The PTC, which is an important economic incentive for developers, provides wind farm owners with a 2.2 cent per kilowatt tax credit for wind power generated during the first ten years of a facility's operation. The impending expiration is causing
- [Private Equity's New Role in US Real Estate](https://sbaustinlaw.com/private-equitys-new-role-in-us-real-estate/) - Private equity investors now control a large portion of commercial real estate today. What was once a niche area in the market is now seeing a surge in growth. Investors are targeting distressed projects and opportunities, hoping to come in, purchase a property from a troubled owner, and improve areas that have fallen off, such
- [Texas sets wind power record as coastal wind grows](https://sbaustinlaw.com/texas-sets-wind-power-record-as-coastal-wind-grows/) - On October 7, 2011, Texas set a new record for wind power output, at 7,400 megawatts produced. This comes as coastal wind farms begin to play a bigger role in supplying electricity to the State. The record accounted for more than 78% of the 9,400 MW of installed wind capacity in the Electric Reliability Council
- [Wind energy projects increasing in Kansas, but they could slow down if federal tax credit changes](https://sbaustinlaw.com/wind-energy-projects-increasing-in-kansas-but-they-could-slow-down-if-federal-tax-credit-changes/) - In the next 18 months, Kansas may more than double its production of wind energy. However, the status of federal energy policies may slow development by 2013. Currently, there are eight announced wind projects, capable of producing 1,388 MW of power coming online in Kansas. The state has also acquired several large wind turbine manufacturing
- [Wind Power Transmission Lines Rise Across Texas](https://sbaustinlaw.com/wind-power-transmission-lines-rise-across-texas/) - There is a rush in Texas to build transmission lines in an effort to promote wind power. At a cost of $6.8 billion, the transmission lines will serve to transmit wind energy from remote areas to the more populated cities, such as Dallas. Texans will likely pay for this project through future electric bills, projected
- [SolarWorld Trade Dispute with China Divides U.S. Solar Industry](https://sbaustinlaw.com/solarworld-trade-dispute-with-china-divides-u-s-solar-industry/) - A complaint was filed October 19 with the International Trade Commission by the U.S. Unit of Bonn-based Solar World AG. They are seeking to protect U.S. solar panel makers from unfair competition from China, and request that the government impose duties on more than $1 billion of Chinese imports. The complaint alleges that Chinese
- [Texas utility commission sets floor price for wholesale electricity reserves](https://sbaustinlaw.com/texas-utility-commission-sets-floor-price-for-wholesale-electricity-reserves/) - Struggling with how to respond to emergencies, such as last summer's Texas heatwave, The Public Utility Commission (PUC) set a floor under wholesale electricity prices for power reserves that could be called upon in the event of such an emergency. Commission Chairwoman Donna Nelson suggested a rate of $325 per megawatt-hour for nonspinning reserves,
- [State Supreme Court sends wind farm case back to district court](https://sbaustinlaw.com/state-supreme-court-sends-wind-farm-case-back-to-district-court/) - The Kansas Supreme Court has, for the second time, remanded a lawsuit challenging a Wabaunsee County ban on commercial wind farms back to district court for additional evidence and proceedings. Zimmerman V. the Board of Wabaunsee County Commissioner was brought by Wabaunsee County landowners who have entered into contracts for the development of commercial wind
- [Blumenauer proposes renewable energy tax credit extension](https://sbaustinlaw.com/blumenauer-proposes-renewable-energy-tax-credit-extension/) - U.S. Representative Earl Blumenauer, from Oregon, introduced a bill extending the federal renewable energy production tax credit until 2016. This bill, called "American Renewable Energy Production Tax Credit Extension," will effect production of wind power, geothermal energy, and hydropower. Many believe the original tax credit gave the renewable energy industry much of its momentum over
- [Energy Storage Sector Leads U.S. VC Investment](https://sbaustinlaw.com/energy-storage-sector-leads-u-s-vc-investment/) - U.S. venture capital investment in cleantech companies increased to $1.1 Billion in the 3rd quarter. The reason for this continued growth is due to confidence in cleantech industries, despite the challenging investment market. The U.S. saw significant commitments in energy storage, reflecting the growing focus on managing energy mix. California, Pennsylvania and Oregon saw investments
- [Wind Electricity to be Fully Competitive with Natural Gas by 2016, says Bloomberg New Energy Finance](https://sbaustinlaw.com/wind-electricity-to-be-fully-competitive-with-natural-gas-by-2016-says-bloomberg-new-energy-finance/) - Over the next five years, Bloomberg New Energy Finance (BNEF) expects that wind energy will be competitive with natural gas. Research showed that the cost of wind-generated electricity has fallen 14% for every doubling of installation capacity. Continued performance improvements and cost reductions, combined with better materials and manufacturing, larger turbines and more experience in
- [India's 'Astonishing Auction' Pushes Down Global Solar Price](https://sbaustinlaw.com/indias-astonishing-auction-pushes-down-global-solar-price/) - India has been cutting solar-power costs to a record low by pushing developers into auctions, which has been key to avoid the lowering renewable energy subsidies that have hurt the European market. Under the program, the Indian government proposed to purchase solar power at 15,390 rupees per megawatt-hour for 25 years. Companies then bid to
- [ERCOT sets new wind record two consecutive days](https://sbaustinlaw.com/ercot-sets-new-wind-record-two-consecutive-days/) - March 8, 2012, AUSTIN - The Electric Reliability Council of Texas (ERCOT), the state grid operator and manager of the wholesale electric market, hit a new wind record Wednesday, exceeding the previous record by almost 200 megawatts (MW). Wind output reached 7,599 MW at 8:41 p.m., Wednesday, March 7, exceeding the 7,403 MW record from
- [Lawsuit pits gliders vs. turbines in effort to stop mountain wind farm](https://sbaustinlaw.com/lawsuit-pits-gliders-vs-turbines-in-effort-to-stop-mountain-wind-farm/) - A suit filed in Kern County Superior Court on behalf of privately owned Mountain Valley Airport LLC argues that glider pilots have established a public easement stretching up to 500 feet in the air above the Tehachapi Mountain. If this claim holds up in court, it could rule out the possibility of building wind turbines
- [Fish & Wildlife Proposes Revisions to Bald and Golden Eagle Act Permits](https://sbaustinlaw.com/fish-wildlife-proposes-revisions-to-bald-and-golden-eagle-act-permits/) - On April 12, 2012, the U.S. Fish & Wildlife Service announced a proposal to revise the regulations associated with issuing permits under the Bald and Golden Eagle Protection Act. The proposal would amend permit regulations from 2009 regarding the take of eagles that may result from various activities. The current rules create a permitting structure
- [Suppliers Turn To Reclaimed Water](https://sbaustinlaw.com/suppliers-turn-to-reclaimed-water/) - The demand for water has increased throughout Texas recently, and is magnified by the extreme drought conditions visited upon the majority of the state over the last several years. As this demand has grown, Texas water suppliers have begun to explore options to supplement the withdrawal of water from a watercourse or well. Some are
- [ERCOT unveils mobile phone app -- Free app helps consumers conserve electricity when needed most](https://sbaustinlaw.com/ercot-unveils-mobile-phone-app-free-app-helps-consumers-conserve-electricity-when-needed-most/) - The Electric Reliability Council of Texas (ERCOT), the grid operator for most of Texas, unveiled a free smartphone app that will make energy conservation a little bit easier for iPhone, iPad and Android users. The initial version includes current system operating conditions, conservation tips and an overview of ERCOT. Notably, the app will provide "push"
- [Texas land commissioner thinking of getting GLO into water game](https://sbaustinlaw.com/texas-land-commissioner-thinking-of-getting-glo-into-water-game/) - The Commissioner of the Texas General Land Office (GLO), Jerry Patterson, plans to announce today that the GLO has contracted with two water consulting firms to examine the feasibility of building a desalination plant between Austin and New Braunfels on land the GLO owns. Desalination is an expensive, energy-intensive technique of making brackish underground water
- [A Taxpayer's Prior Audit History Can Be Useful in Settlement](https://sbaustinlaw.com/a-taxpayers-prior-audit-history-can-be-useful-in-settlement/) - A taxpayer’s prior audit history can be a favorable factor in settling a taxpayer’s assessment in a separate audit. Recently, the attorneys of Stahl, Bernal & Davies were able to favorably settle a case with the Comptroller based primarily on the fact that the taxpayer’s most recent audit was a zero tax due audit. This
- [Brazil Rejects Turbine Manufacturers for Non-Compliance](https://sbaustinlaw.com/brazil-rejects-turbine-manufacturers-for-non-compliance/) - Brazil's national development bank, BNDES, has closed off equipment from five turbine manufacturers to developers seeking financing for US$3.5 billion in wind farm projects. Vestas, Siemens, Suzlon, Accionna and Fuhrlaender have not met government requirements to source at least 40 percent of their components from local suppliers, according to international reports.
- [Chamisa plans electricity storage facility in Texas](https://sbaustinlaw.com/chamisa-plans-electricity-storage-facility-in-texas/) - Chamisa CAES at Tulia a New Mexico company is planning to build a compressed air energy storage facility in the Panhandle of Texas to take advantage of the wide price swings in the Texas wholesale power market and the ancillary services market. Chamisa of Santa Fe plans to build a 270-megawatt facility that uses electricity
- [As Regulators Talk Renewables, Groups File Petition with PUC](https://sbaustinlaw.com/as-regulators-talk-renewables-groups-file-petition-with-puc/) - While state officials and representatives from the energy industry met at a conference entitled Renewable Energy Solutions for Energy Prosperity in Texas to talk about the future of the Texas renewables, environmental groups filed a petition charging the state’s Public Utility Commission with dragging its feet on solar and geothermal energy. At the heart of
- [Texas electricity supply looking better, ERCOT says](https://sbaustinlaw.com/texas-electricity-supply-looking-better-ercot-says/) - The state's biggest power grid says in a filing with the Public Utility Commission of Texas that its outlook for the supply of electricity in 2013 and 2014 could be better than its last official estimate in May. http://blogs.star-telegram.com/dfwjobs/2012/09/texas-electricity-supply-looking-better-ercot-says.html
- [ALEC-Sponsored Bill To Repeal North Carolina’s Renewable Energy Standard Narrowly Passes Out Of Committee](https://sbaustinlaw.com/alec-sponsored-bill-to-repeal-north-carolinas-renewable-energy-standard-narrowly-passes-out-of-committee/) - North Carolina is among the growing list of states in which organizations like the Heartland Institute and the American Legislative Council, or ALEC, and Koch-backed Grover Norquist have been lobbying against renewable energy policy, and pushing “model legislation” to undo these standards. House Bill 298, called the “Affordable and Reliable Energy Act,” was introduced by
- [Senators Request Extension for Lesser Prairie Chicken Listing Decision](https://sbaustinlaw.com/senators-request-extension-for-lesser-prairie-chicken-listing-decision/) - United States Senators from Texas, Oklahoma, and Kansas sent a letter on February 20, 2013 to the Director of the U.S. Fish and Wildlife Service to request an extension to the comment period and the final determination date for Fish and Wildlife's proposed listing of the Lesser Prairie Chicken as a threatened species. The letter
- [Search for a Greener Method of Desalination](https://sbaustinlaw.com/search-for-a-greener-method-of-desalination/) - Advances in solar technology and a steady decline in manufacturing costs for solar generating plants may be about to result in a cost-effective way to remove the salt from seawater. There is a huge need for desalination in the Gulf, the world’s driest region and home to a rapidly growing population. In the desert lands
- [Senators Introduce Bipartisan Energy Storage Bill to Encourage Renewable Power](https://sbaustinlaw.com/senators-introduce-bipartisan-energy-storage-bill-to-encourage-renewable-power/) - U.S. Senators Ron Wyden, D-Ore., Susan Collins, R-Maine, Jeff Merkley, D-Ore., and Angus King, I-Maine, yesterday introduced the Storage Technology for Renewable and Green Energy Act of 2013 (STORAGE) to encourage the development of renewable energy as a source of electricity and lower consumer costs through the deployment of energy storage technologies. Renewable energy sources
- [North Texas Awaits Supreme Court's Water Decision](https://sbaustinlaw.com/north-texas-awaits-supreme-courts-water-decision/) - Water districts located in North Texas are awaiting a U.S. Supreme Court decision that could be announced on June 11, 2013. At issue is whether the Tarrant Regional Water District based in Fort Worth can cross the Oklahoma border to pump water available to Texas under the Red River Compact. The Compact says that when
- [Our Firm Name Change](https://sbaustinlaw.com/our-firm-name-change/) - We are pleased to announce that we have changed our name to Stahl, Bernal, Davies, Sewell & Chavarria, LLP. The addition of David’s and Lisa’s names recognizes their extraordinary contributions to the firm and its clients. The firm is excited to continue to expand the legal services it provides in the areas of renewable energy
- [Friend Added as Partner](https://sbaustinlaw.com/friend-added-as-partner/) - The law firm of Stahl, Bernal, Davies, Sewell & Chavarria is pleased to announce that Gregory S. Friend has been named a partner in the Firm. Greg joined the Firm in 2012 and has significant experience as a transactional and regulatory attorney with a primary focus on renewable energy law. He practices in the Firm’s
- [Victory in Texas Supreme Court for Taxpayer](https://sbaustinlaw.com/victory-in-texas-supreme-court-for-taxpayer/) - David Sewell and Gilbert Bernal represented the taxpayer in the case of Combs v. Richmont Aviation, Inc. The Texas Supreme Court decided the case in favor of the taxpayer. Based on the Court’s decision, the State of Texas can no longer require taxpayers to pay an amount of disputed tax as a precondition to challenging
- [Texas Is Wired for Wind Power, and More Farms Plug In](https://sbaustinlaw.com/texas-is-wired-for-wind-power-and-more-farms-plug-in/) - Turning wind into electricity is one thing; moving the energy to a profitable market is another. For years, the wind industry has been hampered by such a severe lack of transmission lines that when the wind is strong, a local power surplus forces some machines to be shut down. Now, Texas is out to change
- [Austin, Texas Law Firm Announces New Senior Attorney](https://sbaustinlaw.com/austin-texas-law-firm-announces-new-senior-attorney/) - The law firm of Stahl, Bernal, Davies, Sewell & Chavarria is pleased to announce that Alan Cohen has joined the Firm as a Senior Attorney. Alan joined the Firm in 2014. He practices in the Firm’s Commercial Real Estate, Renewable Energy and Texas Tax practice groups. Alan’s Commercial Real Estate practice includes representation of clients
- [Financing Closes For 150 MW Briscoe Wind Project](https://sbaustinlaw.com/financing-closes-for-150-mw-briscoe-wind-project/) - Capital Dynamics, GE Energy Financial Services and Morgan Stanley completed financing for the 150 MW Briscoe Wind Farm in Briscoe County, Texas. According to the firms, Capital Dynamics' Clean Energy and Infrastructure team completed tax equity agreements with GE Energy Financial Services and Morgan Stanley and finalized construction debt and letter of credit agreements with
- [Texas Supreme Court Applies Accommodation Doctrine to Groundwater](https://sbaustinlaw.com/texas-supreme-court-applies-accommodation-doctrine-to-groundwater/) - In a decision issued on May 27, 2016 the Texas Supreme Court ruled that Texas' “accommodation doctrine” should also apply to groundwater, in addition to oil and gas. The accommodation doctrine requires mineral owners — considered the dominant estate — to accommodate the surface owner’s existing use of the land if at all possible. While it
- [Texas Senate Proposes Tax Code Changes](https://sbaustinlaw.com/texas-senate-proposes-tax-code-changes/) - On Tuesday, February 24, the Texas Senate unveiled its proposed tax relief package worth approximately $4.6 billion. Among the changes proposed by the Senate are Senate Bills 7 and 8, both of which would affect the Texas franchise tax. Senate Bill 7 would permanently reduce the franchise tax rate from 1% to 0.85% (and from
- [Austin, Texas Law Firm Announces New Associate](https://sbaustinlaw.com/firm-announces-new-associate/) - The law firm of Stahl, Bernal, Davies, Sewell & Chavarria is pleased to announce that Jennifer Goodwillie has joined the firm as an associate. Jennifer joined the firm in 2014. She practices in the firm’s Renewable Energy, Commercial Real Estate, and Natural Resources & the Environment practice groups. Prior to joining the firm, Jennifer worked
- [PACE Financing Now Available in Travis County – Houston COMING SOON!](https://sbaustinlaw.com/pace-financing-now-available-in-travis-county-houston-coming-soon/) - PACE (Property Assessed Clean Energy) is a financing program recently approved in Texas that enables commercial, industrial, large multi-family, and agricultural property owners to obtain low-cost, long-term financing for water conservation, energy-efficiency, and renewable energy projects. Participants repay loans through a property assessment imposed by the local government at the request of the property owner.
- [First Two PACE Loans in Texas Close](https://sbaustinlaw.com/first-two-pace-loans-in-texas-close/) - Congregation Beth Israel in Austin recently closed on the first PACE loan in Texas to finance installation of two new chillers, a boiler and thin film on all its windows. Family Eldercare in Austin recently closed on the second PACE loan in Texas to finance a total roof replacement with a cool roof and the
- [A Trillion Dollar Renewable Energy Market Might Have Just Opened Up in North America](https://sbaustinlaw.com/a-trillion-dollar-renewable-energy-market-might-have-just-opened-up-in-north-america/) - "Leaders of the U.S., Canada, and Mexico agreed this week to increase their renewable energy consumption in an effort to get half of North America's energy from renewable sources by 2025. It's a lofty goal, despite assertions that 37% of the region's energy already comes from renewables. But it highlights just how much of a
- [Texas Projected to Set Power Records This Winter](https://sbaustinlaw.com/texas-projected-to-set-power-records-this-winter/) - The Electric Reliability of Council of Texas, operator of the state’s power grid, forecast earlier this month that demand will peak at 58,591 megawatts between December and February, when households are typically running their heaters to keep warm. That would top a winter record hit in 2011 when a cold snap triggered rolling blackouts across Texas.
- [Wind picks up natural gas' share of ERCOT energy supply in October](https://sbaustinlaw.com/wind-picks-up-natural-gas-share-of-ercot-energy-supply-in-october/) - "Wind power filled in the gap left behind by the decline in natural gas-fired power's share in the October fuel mix for the Electric Reliability Council of Texas, while coal saw small gains and nuclear power eased slightly, according to ERCOT's 2016 Demand and Energy Report. ERCOT also set a new October monthly peak record
- [Here’s Where Utility-Scale Solar Is Thriving in the United States](https://sbaustinlaw.com/heres-where-utility-scale-solar-is-thriving-in-the-united-states/) - "According to GTM Research’s Utility PV Market Tracker, as of August 2016, there are 11 states with 500 megawatts or more of PV projects in development and a total of 20 states with 200 megawatts or more under development." https://www.greentechmedia.com/articles/read/heres-where-utility-scale-solar-is-thriving-in-the-united-states
- [Unprecedented Victory For Renewable Energy Over Fossil Fuels In Chile](https://sbaustinlaw.com/unprecedented-victory-for-renewable-energy-over-fossil-fuels-in-chile/) - "Chile is a great country. Almost an island in South America, surrounded by mountains, desert and ocean, it has consistently pursued market-oriented economic policies for many decades, marking it out from its neighbors. Earlier this month Chile’s electricity regulator announced the results of the country’s largest ever electricity supply auction for over 3GW of capacity.
- [China Dominates Asia Outbound Property Investment Flows in 2016, U.S. Top Target](https://sbaustinlaw.com/china-dominates-asia-outbound-property-investment-flows-in-2016-u-s-top-target/) - " According to CBRE, Chinese investors dominated Asian outbound investment in the first half of 2016, accounting for 60%, or $16.1 billion, of total investment--more than double than that of the $7.3 billion figure in H1 2015. Insurance firms were the most active source of Chinese outbound capital, accounting for 50%, followed by conglomerates (23%),
- [Utility-Scale, Distributed Solar Prices Tumbled 5% to 12% in 2015](https://sbaustinlaw.com/utility-scale-distributed-solar-prices-tumbled-5-to-12-in-2015/) - "Prices for solar energy systems fell to record lows across all sectors in 2015, according to two new reports from the Lawrence Berkeley National Laboratory (LBNL). The LBNL reports, released on August 24, are Tracking the Sun IX, which focuses on installed pricing trends in the distributed solar photovoltaic (PV) market, and Utility-Scale Solar 2015,
- [In Corporate March to Clean Energy, Utilities Not Required](https://sbaustinlaw.com/in-corporate-march-to-clean-energy-utilities-not-required/) - "A curious thing happened while U.S. utilities were focusing on cheap fracked gas, expensive nuclear power, what to do about coal, and how to fight renewable energy models that threatened their bottom line. Some of the nation's largest corporations decided not to wait for utilities and took their interest in renewable energy into their own
- [NextEra Would Own Oncor in $18.4 Billion Deal](https://sbaustinlaw.com/nextera-would-own-oncor-in-18-4-billion-deal/) - "Florida-based NextEra Energy has unveiled a deal to buy Oncor, Texas' largest electric transmission company. The $18.4 billion deal announced Friday would give NextEra an 80 percent share of Oncor, whose roughly 120,000 miles of transmission and distribution lines deliver power to more than 3 million homes and businesses in North and West Texas." https://www.texastribune.org/2016/07/29/nextera-would-own-oncor-184-billion-deal/
- [Want to expand renewable power? Know these states.](https://sbaustinlaw.com/want-to-expand-renewable-power-know-these-states/) - Companies who want to get more their electricity from renewable energy and in turn reduce their carbon footprint might want to look at a new report which identifies the states that lead the country in renewable generation. According to Benchmarking Clean Energy Deployment 2016 produced by Ceres and Clean Edge, four utilities serving nine states
- [U.S. Solar Market on Track for a Record-Breaking Year](https://sbaustinlaw.com/u-s-solar-market-on-track-for-a-record-breaking-year/) - "BOSTON and WASHINGTON, June 9, 2016 /PRNewswire-USNewswire/ -- In the first quarter of 2016, 1,665 megawatts (MW) of solar PV were installed in the United States with the solar industry adding more new capacity during this period than coal, natural gas and nuclear combined. According to GTM Research and the Solar Energy Industries Association's (SEIA)
- [Wind Energy’s Rustic Years Are Over](https://sbaustinlaw.com/wind-energys-rustic-years-are-over/) - "NEW ORLEANS—In the middle of the sprawling Ernest N. Morial Convention Center this week, an executive from German industrial giant Siemens gave a quick history of the offshore wind turbine. The first turbine that Siemens planted in the North Sea off of Denmark 25 years ago had a generating capacity of 450 kilowatts and barely
- [For The Future Of Solar, Watch Texas, Says 8minutenergy](https://sbaustinlaw.com/for-the-future-of-solar-watch-texas-says-8minutenergy/) - "Solar critics often complain that the industry can’t survive without subsidies. Texas will prove them wrong, says Martin Hermann, founder and CEO of solar developer 8minutenergy." http://www.forbes.com/sites/michaelkanellos/2016/05/24/for-the-future-of-solar-watch-texas-says-8minuteenergy/#1165776d584e
- [In Texas, Market Forces Driving Shift To Cleaner Energy, Study Says](https://sbaustinlaw.com/in-texas-market-forces-driving-shift-to-cleaner-energy-study-says/) - According to a study released by the Brattle Group Texas is on pace to rely more heavily on natural gas, wind and solar energy in the coming decades — and much less on coal. That’s regardless of how judges rule in battles over federal regulations meant to speed the shift toward cleaner-burning electricity sources, according
- [DC Circuit to skip 3-judge panel, hear Clean Power Plan 'en banc' in September](https://sbaustinlaw.com/dc-circuit-to-skip-3-judge-panel-hear-clean-power-plan-en-banc-in-september/) - "The D.C. Court of Appeals for the District of Columbia Circuit announced Monday that the full court will hear arguments on the EPA's Clean Power Plan, rather than a panel of three judges — a practice known as sitting "en banc." " http://www.utilitydive.com/news/dc-circuit-to-skip-3-judge-panel-hear-clean-power-plan-en-banc-in-septem/419348/
- [First quarter results: American wind power hits the ground running:  U.S. industry starts construction on over 2 gigawatts](https://sbaustinlaw.com/first-quarter-results-american-wind-power-hits-the-ground-running-u-s-industry-starts-construction-on-over-2-gigawatts/) - "Washington, D.C., April 28, 2016 — American wind power had its most productive first quarter for installations since 2012, the American Wind Energy Association (AWEA) reported today, as demand rises for wind’s low-cost, zero-carbon energy." http://www.awea.org/MediaCenter/pressreleasev2.aspx?ItemNumber=8820
- [Harvard Scientist, Longtime Solar Skeptic, Now Sees the Light](https://sbaustinlaw.com/harvard-scientist-longtime-solar-skeptic-now-sees-the-light/) - http://www.bloomberg.com/news/articles/2016-05-04/harvard-scientist-a-former-solar-skeptic-now-sees-the-light "David Keith, a Harvard University scientist, has long doubted solar energy’s potential to compete on cost with conventional power sources. Now he sees the light." “I was wrong,” largely because the fundamentals of solar power have changed, Keith, a professor of applied physics and public policy, wrote in a recent essay. “One can now
- [Republicans Are Warming Up to Renewable Energy](https://sbaustinlaw.com/republicans-are-warming-up-to-renewable-energy/) - "... a small and growing number of once-skeptical Republicans is embracing wind and solar. They see the clean energy sources delivering cheap electricity, bolstering America’s energy independence and fueling economic development in impoverished rural areas...." http://www.bloomberg.com/news/articles/2016-04-20/party-of-drill-baby-drill-slowly-warming-to-wind-solar-power
- [Alamo 5 is now on the power grid](https://sbaustinlaw.com/alamo-5-is-now-on-the-power-grid/) - The Alamo 5 solar farm in Uvalde officially joined the state's power grid. The facility is capable of generating enough electricity to power 15,000 homes. The Alamo 5 solar farm was built using using parts made in San Antonio and is located on a 990-acres. Read more about Alamo 5.
- [Apex Clean buys 175-MW Wind Project From American Wind Energy Management Corp](https://sbaustinlaw.com/apex-clean-buys-175-mw-wind-project-from-american-wind-energy-management-corp/) - Apex Clean Energy has acquired the Sugar Creek Wind One project from American Wind Energy Management Corp (AWEM), a wind project with a potential to support 175 MW of capacity in Illinois. Read more about the purchase of Sugar Creek Wind One.
- [First Reserve acquires Mariah del Norte from Mariah Acquisition](https://sbaustinlaw.com/first-reserve-acquires-mariah-del-norte-from-mariah-acquisition/) - First Reserve, has acquired the Mariah del Norte power project from Mariah Acquisition. Upon completion, Mariah del Norte is expected to generate 230 MW of wind power, serving the high-demand ERCOT market in Parmer County, Texas, with a 13-year, fixed price hedge for its power production. The project will also construct and own a 27
- [U.S. Supreme Court Allows Commerce Clause Challenge to Colorado Internet Tax](https://sbaustinlaw.com/u-s-supreme-court-allows-commerce-clause-challenge-to-colorado-internet-tax/) - A unanimous Supreme Court ruled that that federal courts have jurisdiction to hear various taxpayers' challenge to a Colorado internet tax law. Online retailers challenged the law as a violation of the Constitution's Commerce Clause. After an initial victory in federal district court, the federal appeals court ruled that the lawsuit should have been filed
- [Taxpayer Prevails in Franchise Tax Refund Claim By Proving that Fuel Surcharges are Not Revenue](https://sbaustinlaw.com/taxpayer-prevails-in-franchise-tax-refund-claim-by-proving-that-cost-reimbursements-are-revenue/) - On December 4, 2014, in SOAH Docket No. 304-14-0501.13, Comptroller Hearing No. 107,457, the Comptroller issued its final Comptroller’s Decision granting a franchise tax refund to a transportation company. This case involved the company’s fuel surcharges. The company’s federal income tax returns and franchise tax reports, as originally filed, reported fuel surcharges as revenue. The
- [Taxpayer Wins Aircraft Sales Tax Case at SOAH](https://sbaustinlaw.com/taxpayer-wins-aircraft-sales-tax-case-at-soah/) - On October 30, 2014, in SOAH Docket No. 304-14-5675.26, Comptroller Hearing No. 104,003, the Comptroller issued its final Comptroller’s Decision dismissing a sales tax assessment against an aircraft owner. The taxpayer argued that it purchased its aircraft with valid resale intent and that it actually completed its “resale” of its aircraft by leasing it to
- [Invenergy arranges financing for Texas Rattlesnake Wind project](https://sbaustinlaw.com/invenergy-arranges-financing-for-its-texas-rattlesnake-project/) - Invenergy Wind says it has arranged debt and tax equity financing for its 207 MW Rattlesnake Wind Energy Center now under construction in West Texas. Rattlesnake is located about 40 miles southeast of Midland. The wind project will consist of 118 GE 1.7 wind turbines and should reach commercial operation in the third quarter of
- [El Paso May Become the First Texas City to Go Coal Free](https://sbaustinlaw.com/el-paso-may-become-the-first-texas-city-to-go-coal-free/) - El Paso’s public utility announced plans to run the city coal-free in two years. It’s a bold proposal since no major U.S. city can run without coal power yet, but it seems possible, and it puts El Paso ahead among Texas cities that have sought to end their dependence on coal. The announcement mirrors an
- [Study will assess shifting transmission costs to wind generators](https://sbaustinlaw.com/study-will-assess-shifting-transmission-costs-to-wind-generators/) - The Public Utility Commission of Texas is poised to study whether wind power generators should pick up some transmission costs now borne mostly by consumers statewide. Texas is the nation's wind power leader, and PUC Chair Donna Nelson argues it's time to consider whether those generators are paying their fair share. But wind industry officials
- [New Rules Could Shed Light on Future Water Projects](https://sbaustinlaw.com/new-rules-could-shed-light-on-future-water-projects/) - The future of Texas' water supply will start to take shape on Tuesday afternoon when the Texas Water Development Board releases draft rules for funding major water projects over the next several decades. Amid the continuing drought, voters approved Proposition 6 in November, authorizing the Legislature to provide the State Water Implementation Fund for Texas with $2
- [Texas Panhandle Sees More Wind Projects](https://sbaustinlaw.com/texas-panhandle-sees-more-wind-projects/) - Two new wind farms have been announced for the Texas Panhandle. Lincoln Renewable Energy announced the start of construction of a 300-megawatt project in Castro County, and the Public Utility Commission of Texas approved the registration of Miami Wind I, a 288-megawatt project planned for the northeast Texas Panhandle. Both facilities will use newly constructed
- [Feds Approve Conservation Plan for Rare Bird](https://sbaustinlaw.com/feds-approve-conservation-plan-for-rare-bird/) - The U.S. Fish and Wildlife Service has approved the Lesser Prairie Chicken Range-Wide Conservation Plan that Texas and four other states have worked on for years to protect the lesser prairie chicken, a rare bird whose future has been threatened by economic development — especially oil and gas drilling — in West Texas and the
- [Largest federal wind farm, to be built in Texas, could save the government millions  ](https://sbaustinlaw.com/largest-federal-wind-farm-to-be-built-in-texas-could-save-the-government-millions/) - This week in the Texas Panhandle, workers will break ground on the largest federally owned wind farm in the country, geared to reduce dollars spent on energy by the millions at nearby Pantex, the nation’s only nuclear weapons assembly and disassembly facility. On secluded land about 17 miles northeast of Amarillo, workers are responding to
- [Colorado River Municipal Water District Issues RFP](https://sbaustinlaw.com/colorado-river-municipal-water-district-issues-rfp/) - West Texas is always searching for new water sources to keep up with the population growth and the Colorado River Municipal Water District is doing it's part to ensure there is water for the masses. Recently, the District issued a request for proposals for the acquisition of additional water supplies. "What we're looking for now
- [Invenergy Closes Construction Financing for Goldthwaite Wind Project](https://sbaustinlaw.com/invenergy-closes-construction-financing-for-goldthwaite-wind-project/) - Invenergy Wind LLC today announced the successful closing of construction financing for its Goldthwaite Wind Project (“Goldthwaite Wind”), which currently is in construction in Mills County, Texas. Morgan Stanley acted as the Lead Arranger, Administrative Agent, and Issuing Bank for the construction loan. The project site is located just southeast of the town of Goldthwaite,
- [Taxpayer Wins Diesel Fuels Tax and Sales Tax Case at SOAH](https://sbaustinlaw.com/taxpayer-wins-diesel-fuels-tax-and-sales-tax-case-at-soah/) - On April 12, 2013, in SOAH Docket No. 304-12-7285.90, Comptroller Hearing No. 104,440, the SOAH Court, Judge Victor John Simonds presiding, issued its Proposal for Decision (PFD) dismissing both a diesel fuels tax and a sales tax assessment against an oilfield service operator that had purchased and resold condensate, an unrefined petroleum product that is
- [Texas Supreme Court Rules in Favor of Taxpayer in E911 Fee Case](https://sbaustinlaw.com/texas-supreme-court-rules-in-favor-of-taxpayer-in-e911-fee-case/) - On April 5, 2013, the Texas Supreme Court rendered its decision in favor of the taxpayers, TracFone Wireless, Inc. and Virgin Mobile USA, L.P., in their e911 fee case against the State. The Court specifically found that the statutory collection requirements for the e911 fee under sec. 771.073(a) of the Texas Health & Safety Code
- [Bill Transfering Water Regulation from TCEQ to Texas PUC Heard at Capitol](https://sbaustinlaw.com/bill-transfering-water-regulation-from-tceq-to-texas-puc-heard-at-capitol/) - Rep. Charlie Geren’s complex and controversial water bill, HB 1307 was heard yesterday at the House Natural Resources Committee meeting at the Texas Capitol. The bill would transfer water regulation duties from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The switch would affect how rate increases are handled, among
- [Texas Groundwater Rules Discussed by Senate Committee](https://sbaustinlaw.com/texas-groundwater-rules-discussed-by-senate-commitee/) - On Tuesday April 2, 2013, the Senate Natural Resources Committee discussed whether to tighten rules governing water wells used to supply hydraulic fracturing operations. The discussion centered on Senate Bill 873, carried by state Sen. Glenn Hegar, R-Katy, which would allow local groundwater authorities to require oil and gas companies using water for fracking to
- [Texas Wind Sets New Record](https://sbaustinlaw.com/texas-wind-sets-new-record/) - On February 9th at 7:08 p.m. Texas set a new record for the highest percentage of electricity generated by wind power — 28 percent of total supply across the state’s main grid system came from wind — with wind generation providing 9,481 megawatts of power, the Electric Reliability Council of Texas said Friday March 1,
- [Insight Into Wind Energy PTC Implementation Rules Revealed](https://sbaustinlaw.com/insight-into-wind-energy-ptc-implementation-rules-revealed/) - Now that the Production Tax Credit has been extended, many developers are seeking clarification on what the changes to the legislation's language mean for their projects and future development plans. To qualify for the PTC, projects must begin construction - rather than enter operation - by Jan. 1, 2014. The change in language was welcomed
- [U.S. Senate Passes One Year Extension for Production Tax Credit for Wind Energy Projects](https://sbaustinlaw.com/u-s-senate-passes-one-year-extension-for-production-tax-credit-for-wind-energy-projects/) - Text of Legislation — see Section 4.07(a) Download the PDF »
- [House Passes One Year PTC Extension for Wind Energy Projects](https://sbaustinlaw.com/house-passes-one-year-ptc-extension-for-wind-energy-projects/) - Text of Legislation -- see Section 4.07(a) Download the PDF »
- [Fate of tax break for wind power could have big impact on Texas](https://sbaustinlaw.com/fate-of-tax-break-for-wind-power-could-have-big-impact-on-texas/) - Continuing the tax credit, created in 1992, has become a bargaining chip in the larger debate in Washington, D.C., over the so-called fiscal cliff of tax increases and budget cuts. The outcome has ramifications in Texas, which leads the nation in wind generation, on everything from the economy to the environment to the competitive balance
- [ Wind Farm Operating Costs Fall 38% in Four Years](https://sbaustinlaw.com/wind-farm-operating-costs-fall-38-in-four-years/) - According to a recent study done by BNEF, the cost of running and maintaining wind farms has fallen 38 percent in four years as competition among contractors increased and turbine performance improved, bringing closer the day that the technology matches fossil fuel. The average price of operation and maintenance contracts for onshore farms this year
- [Texas regulators vote to double wholesale power cap](https://sbaustinlaw.com/texas-regulators-vote-to-double-wholesale-power-cap/) - "AUSTIN, Oct 25 (Reuters) - Texas electric regulators voted Thursday to double the price cap for wholesale power by the summer of 2015, with a series of interim increases in the meantime, in a bid to draw more generation to feed the state's growing electricity demand." http://www.reuters.com/article/2012/10/26/utilities-texas-cap-idUSL1E8LQ25020121026
- [State weighs blackout risk and electricity prices](https://sbaustinlaw.com/state-weighs-blackout-risk-and-electricity-prices/) - Texas' "utility commissioners are considering revamping how electricity is bought and sold in the wholesale market, trying to balance increasing the risk of rolling blackouts against “sticker shock,” as its consultants put it, if they get it wrong." http://www.statesman.com/news/business/state-weighs-blackout-risk-and-electricity-prices/nSmJw/
- [Forbes: Commercial real estate will improve marginally in 2013](https://sbaustinlaw.com/forbes-commercial-real-estate-will-improve-marginally-in-2013/) - "The current situation is that leases are dribbling in, generating small increases in occupied square footage. The current pace of construction is not only lower than in the boom, but well below historic averages. We know that given even middling economic growth, we’ll eventually need to build at a much stronger pace. However, the high
- [ULI Survey Scales Back Commercial Real Estate Predictions ](https://sbaustinlaw.com/uli-survey-scales-back-commercial-real-estate-predictions/) - "The Urban Land Institute released findings from its second semi-annual survey of the nation’s leading real estate economists and analysts on Wednesday, Sept. 26, and predicted less than hoped for commercial real estate sales in the next three years." http://www.cpexecutive.com/property-types/retail/uli-survey-scales-back-commercial-real-estate-predictions/
- [Groups petition Texas PUC for more emphasis on non-wind development ](https://sbaustinlaw.com/groups-petition-texas-puc-for-more-emphasis-on-non-wind-development/) - "Several environmental groups - including the Sierra Club, Public Citizen and Environment Texas – have petitioned the Public Utility Commission of Texas to pass new rules calling for more development of non-wind renewable energy in the state." http://www.renewablesbiz.com/article/12/09/enviro-groups-push-more-non-wind-renewables-texas
- [Texas could face new budget woes](https://sbaustinlaw.com/texas-could-face-new-budget-woes/) - "AUSTIN — The Texas Supreme Court could blow a hole in the state's budget if it finds the business tax unconstitutional, as pressed Tuesday in a lawsuit led by food giant Nestlé USA." http://www.mysanantonio.com/news/local_news/article/Business-tax-challenge-could-rock-state-budget-3875505.php
- [ Macquarie-Backed MGPA Sees Once-in-Decade Europe Bargains](https://sbaustinlaw.com/macquarie-backed-mgpa-sees-once-in-decade-europe-bargains/) - "MGPA, a fund manager controlled by Macquarie Group Ltd. (MQG) managing $11 billion in property assets, is raising money to invest in European real estate and plans its first Australian property investment within six months. “There’s going to be some interesting, once-in-a-decade opportunities to acquire assets at below replacement cost prices in markets that have
- [Can Southwest grow into hub for solar energy?](https://sbaustinlaw.com/can-southwest-grow-into-hub-for-solar-energy/) - "ALBUQUERQUE, N.M. — Pick any stretch of road slicing through the American Southwest. The sun beats down on the asphalt like nowhere else and heat waves distort the landscape. It's here, in these open expanses, that experts say is a massive untapped source of energy that could meet the nation's growing needs. But only if
- [ Renewing Texas' Chapter 313 School Tax Incentive is Critical to Attracting Outside Capital Investment to Texas](https://sbaustinlaw.com/renewing-texas-chapter-313-school-tax-incentive-is-critical-to-attracting-outside-capital-investment-to-texas/) - Samsung is considering increasing its investment in fabrication plants in Austin by billions of dollars, but only if the Texas legislature extends the Chapter 313 school district property tax incentive. "I can't emphasize enough how critical 313 is to us," Catherine Morse said. "To get that (future) investment, we have to have 313 reauthorized." This
- [Austin Office Report - 2nd Quarter, 2012](https://sbaustinlaw.com/austin-office-report-2nd-quarter-2012/) - "The Austin market continues to show large amounts of positive absorption. Much of the absorption this quarter can be contributed to a large amount of small move-ins. Several large leases are set to commence throughout the second half of the year which should have a significant positive impact on absorption and job growth in 2012.
- [Wind-Energy Developers Get Access to U.S. Land Used by Pentagon](https://sbaustinlaw.com/wind-energy-developers-get-access-to-u-s-land-used-by-pentagon/) - "The U.S. will give wind- and solar- energy companies access to 16 million acres of federal land previously set aside for military testing and training. The Interior and Defense departments agreed to encourage energy development on the public lands, which may contribute to the generation of 10,000 megawatts of solar power in the U.S. Southwest,
- [Texas Comptroller's Amnesty Program Ends August 17, 2012](https://sbaustinlaw.com/texas-comptrollers-amnesty-program-ends-august-17-2012/) - The Texas Comptroller has launched Project Fresh Start, an amnesty program for taxpayers that have failed to register for one or more taxes or that have past-due tax reports. The deadline to apply for the program is August 17. More information can be found on the Comptroller's website (http://www.freshstart.texas.gov), or you can contact David Sewell
- [NREL Study Shows Renewable Energy Potential in Every State](https://sbaustinlaw.com/nrel-study-shows-renewable-energy-potential-in-every-state/) - July 26, 2012 -- A new study of renewable energy’s technical potential finds that every state in the nation has the space and resource to generate clean energy. http://www.nrel.gov/news/press/2012/1948.html
- [Will Drought Cause the Next Blackout?](https://sbaustinlaw.com/will-drought-cause-the-next-blackout/) - We are now in the midst of the nation’s most widespread drought in 60 years, stretching across 29 states and threatening farmers, their crops and livestock. But there is another risk as water becomes more scarce. Power plants may be forced to shut down, and oil and gas production may be threatened. Our energy system
- [Wind farms add billions of dollars to Illinois economy](https://sbaustinlaw.com/wind-farms-add-billions-of-dollars-to-illinois-economy/) - An Illinois State University study released Tuesday shows Illinois’ 23 largest wind farms will add $5.8 billion to local economies over the life of the projects. The construction of wind farms — including Twin Groves and White Oak wind farms in McLean County, Streator Cayuga Ridge South Wind Farm in Livingston County, Pioneer Trail in
- [TracFone Wireless, Inc. and Virgin Mobil USA, L.P. v. Commission on State Emergency Communications](https://sbaustinlaw.com/tracfone-wireless-inc-and-virgin-mobil-usa-l-p-v-commission-on-state-emergency-communications/) - The case of TracFone Wireless, Inc. and Virgin Mobil USA, L.P. v. Commission on State Emergency Communications (No. 11-0473) is set for oral argument in the Texas Supreme Court on October 17, 2012. The attorneys of Stahl, Bernal & Davies represented TracFone Wireless, Inc. in the administrative hearing on the matter currently pending before the
- [Change in Comptroller Policy for Amending Franchise Tax Reports](https://sbaustinlaw.com/change-in-comptroller-policy-for-amending-returns/) - A June 2012 policy statement issued by the Comptroller notified taxpayers of a change in policy regarding amending franchise tax reports to select a different deduction. Under prior law and policy, a taxpayer that filed a franchise tax report electing the cost of goods sold deduction could not amend the report to take the compensation
- [Duke and So Cal Ed explore energy storage](https://sbaustinlaw.com/duke-and-so-cal-ed-explore-energy-storage/) - Energy storage has been dubbed the "holy grail" of grid operators, that notion thrived better when it applied to a vague ideal rather than cold reality. Today, with long- and short- duration energy storage alternatives to pumped hydro moving from lab to market, the quest has become vastly more complicated and the goal more elusive.
- [Brattle Report Finds Investment Needed in Power-Hungry Texas Market](https://sbaustinlaw.com/945/) - The Electric Reliability Council of Texas’s (ERCOT’s) energy-only market has worked well for many years to support efficient operations and to attract sufficient generation investment to maintain resource adequacy. Now, despite reserve margins declining with load growth and retirements, investment appears to have stalled. Many projects have been postponed or cancelled and no major new
- [New Army Corps Nationwide Permits for Renewable Energy Projects in Effect](https://sbaustinlaw.com/new-army-corps-nationwide-permits-for-renewable-energy-projects-in-effect/) - The United States Army Corps of Engineers, the regulatory body responsible for implementing the permitting regime related to wetlands and other subjects pursuant to Section 404 of the federal Clean Water Act, has released new nationwide permits specifically intended for use in renewable energy development. The new permits went into effect on March 19, 2012.
- [As Texas worries about power generation, is answer underground?](https://sbaustinlaw.com/as-texas-worries-about-power-generation-is-answer-underground/) - As a power-hungry Texas looks for more electricity generation, Chamisa Energy believes the solution may be underground: compressed air stored in man-made salt caverns in the Panhandle. The Santa Fe, N.M.-based company has a 514-acre site near Tulia, a small town about 50 miles south of Amarillo, that company officials believe is the right mix
- [Department of Interior/Fish and Wildlife Service Release Final Land-Based Wind Energy Guidelines](https://sbaustinlaw.com/department-of-interiorfish-and-wildlife-service-release-final-land-based-wind-energy-guidelines/) - This morning the Department of Interior, and specifically the U.S. Fish and Wildlife Service, released the final version of its land-based wind energy guidelines. The voluntary guidelines are intended to address "wildlife conservation concerns at all stages" of wind development, and are the result of a five-year process that included federal and state agencies, Native
- [Texas regulators look at raising wholesale electricity prices to spark new power plants](https://sbaustinlaw.com/texas-regulators-look-at-raising-wholesale-electricity-prices-to-spark-new-power-plants/) - On Wednesday, the Texas Public Utility Commission showed its willingness to address looming electricity shortages by allowing wholesale prices to hit new highs during peak demands for power. All three PUC commissioners agreed that wholesale electricity prices, now capped at $3,000 per megawatt-hour during peak demand, must be raised to encourage investors to build more
- [Wind Energy Generation Represented 8.5% Of Texas' Energy Usage In 2011 ](https://sbaustinlaw.com/wind-energy-generation-represented-8-5-of-texas-energy-usage-in-2011/) - ERCOT, wind, report, demand, 8.5%
- [Tsunami’s ripples could reach Nevada on renewable energy, Yucca Mountain fronts](https://sbaustinlaw.com/tsunamis-ripples-could-reach-nevada-on-renewable-energy-yucca-mountain-fronts/) - Early calls for a moratorium on nuclear plant construction — some from Washington’s most vocal proponents of nuclear energy — suggest the nuclear disaster in Japan may affect the energy debate at home. For Nevada, ending or significantly scaling back nuclear development could either bring about the demise of or facilitate renewable energy development. It
- [Midwest ISO Says Brookings Line Set To Receive MVP Designation ](https://sbaustinlaw.com/midwest-iso-says-brookings-line-set-to-receive-mvp-designation/) - A section of the proposed CapX2020 project - the Brookings County-Hampton transmission line, could receive a multi-value project (MVP) designation by the Midwest Independent Transmission System Operator (Midwest ISO) as early as this summer, giving wind projects a much-needed boost. MVP projects must support public-policy requirements or address reliability and/or multiple economic issues in multiple
- [WIND HELPS KEEP THE LIGHTS ON DURING TEXAS BLACKOUTS](https://sbaustinlaw.com/wind-helps-keep-the-lights-on-during-texas-blackouts/) - Many parts of the Texas experienced rolling blackouts on Wednesday, coinciding with unusually cold temperatures across many parts of the state. Millions of customers statewide appear to have been affected. Here are the facts from AWEA as they are currently understood: Wind energy played a major role in keeping the blackouts from becoming more severe.
- [Renewable-energy grant program gets renewed for a year](https://sbaustinlaw.com/renewable-energy-grant-program-gets-renewed-for-a-year/) - On Friday December 17 President Obama signed off on an extension of the popular 1603 grant program which would have expired on December 31, 2010. The program covers up to 30% of the cost of alternative energy project if the project is placed in service in 2011 or if construction begins before 2012 and the
- [Change in Franchise Tax Reporting Policy for Passive Entities](https://sbaustinlaw.com/change-in-franchise-tax-reporting-policy-for-passive-entities/) - Under current Comptroller policy, once an entity has qualified as an exempt passive entity under franchise tax law and has filed a franchise tax report indicating that it is a passive entity, that same entity is not required to file any subsequent franchise tax reports so long as it continues to qualify as passive. This
- [Third Court of Appeals Holds for Comptroller in Combs v. Home & Garden Party, Ltd.](https://sbaustinlaw.com/third-court-of-appeals-holds-for-comptroller-in-combs-v-home-garden-party-ltd/) - In Combs v. Home & Garden Party, Ltd., the taxpayer manufactured certain goods but also resold goods in the same form in which they were purchased. The taxpayer sought a refund under the manufacturing exemption for its purchases of packaging supplies that it used to package both the goods it manufactured and the goods that
- [Was August the Bottom?](https://sbaustinlaw.com/was-august-the-bottom/) - After hitting an 8-year low in August Moody's/REAL Commercial Property Price Index rose 4.3% in September, Bloomberg reported. Transactions are few. Apartment prices led the rise. Retail and industrial prices continued down, while office prices rose. Read more: http://www.bloomberg.com/news/2010-11-22/commercial-property-prices-in-u-s-increase-the-most-on-record-moody-says.html
- [Small-Cap Commercial Property Market Ticks Up -- Fourth Consecutive Month of Sales Price Increases Bodes Well Especially for Banks](https://sbaustinlaw.com/small-cap-commercial-property-market-ticks-up-fourth-consecutive-month-of-sales-price-increases-bodes-well-especially-for-banks/) - STAMFORD, Conn.--(BUSINESS WIRE)--Prices for small commercial properties are gradually recovering after a slump lasting three years. According to the Small-Cap Price Index from research firm Boxwood Means, Inc., prices for small commercial real estate properties under $5 million rose in October for the fourth consecutive month to 90.2. This figure represents a 41 basis-point increase
- [Texas languishes in shade on solar power development](https://sbaustinlaw.com/texas-languishes-in-shade-on-solar-power-development/) - Solar producers say Texas will fall behind economically without an aggressive push into solar energy. They blame state leaders for not providing the financial backing to attract the industry to Texas. And they hope a new legislative session beginning in January will create those incentives. Texas Solar Power
- [Panelists say outlooks for commercial real estate, economy are improving](https://sbaustinlaw.com/panelists-say-outlooks-for-commercial-real-estate-economy-are-improving/) - "North Texas commercial real estate experts expect further recovery next year and say they hope the market will be mostly righted by 2012. The same can be said of the economy. "We made it through 2009 and are still here," D'Ann Petersen, business economist with the Federal Reserve Bank of Dallas, said Friday. "We are
- [NM issues renewable energy transmission bonds](https://sbaustinlaw.com/nm-issues-renewable-energy-transmission-bonds/) - "SANTA FE, N.M. (AP) - The New Mexico Renewable Energy Transmission Authority Board has issued $50 million in bonds to upgrade the state's transmission system and promote the growth of clean energy. The work will take 100 megawatts of wind energy across Public Service Company of New Mexico lines from the High Lonesome Mesa Wind
- [FERC Commences Rulemaking to Integrate Variable Energy Resources](https://sbaustinlaw.com/ferc-commences-rulemaking-to-integrate-variable-energy-resources/) - The Federal Energy Regulatory Commission on Thursday proposed a rule that would take another step toward ensuring that intermittent renewable energy resources are given fair access to transmission and power markets. Calling it a foundational step, FERC Chairman Jon Wellinghoff said changes required by the proposed rule would “prepare the electric grid for the future.”
- [Income taxation of partnership carried interests](https://sbaustinlaw.com/income-taxation-of-partnership-carried-interests/) - The Wall Street Journal reported that one result of the Republican takeover of the U.S. House is that partnership profits will likely continue to be taxed at the long-term capital gains rate of 15% rather than reverting to the pre-2003 level of 28%. http://online.wsj.com/article/SB10001424052748703585004575604713556790190.html
- [Xcel Executive Says Gas Boom Could Help Wind Industry](https://sbaustinlaw.com/xcel-executive-says-gas-boom-could-help-wind-industry/) - Despite a 2010 slowdown the wind industry is not dying -it's growing through a fitful adolescence. U.S. natural gas prices have dropped below $4 per thousand cubic feet at the wellhead compared with more than $11 in 2008. But Minnesota-based utilities such as Xcel Energy and Great River Energy are counting on the wind industry,
- [Fossil fuels recieve subsidies five times greater than renewables](https://sbaustinlaw.com/fossil-fuel-recieve-subsidies-five-times-greater-than-renewables/) - On a worldwide basis, fossil-fuel subsidies totaled $312 billion in 2009, over five times the amount available to renewable energy, according to the International Energy Agency (IEA). The study found oil and gas were the most heavily subsidized fuels, attracting $126 billion and $85 billion respectively. The IEA said the phasing out of fossil fuel
- [Study: Alternative-energy firms' outlook bright](https://sbaustinlaw.com/study-alternative-energy-firms-outlook-bright/) - Wind farms, cellulosic ethanol, and large-scale solar power plants are on close to being able to compete with fossil fuels without the need for subsidies, according to a study released Wednesday. The group's study, "What's Next for Alternative Energy?" tries to forecast the prices and market penetration of alternative-energy technologies by the year 2020, picking
- [Phase 2 of San Patricio County wind farm is set to start spinning](https://sbaustinlaw.com/phase-2-of-san-patricio-county-wind-farm-is-set-to-start-spinning/) - Eighty seven turbines spread out among thousands of acres in San Patricio County are almost ready to begin generating electricity. When Phase 2 of E.ON Climate and Renewables' Papalote II wind farm starts spinning before the end of the year, it will provide enough clean energy to power 45,000 homes, said E.ON Chief Executive Officer
- [Transportation Company Wins Apportionment Argument in Hearing](https://sbaustinlaw.com/transportation-company-wins-apportionment-argument-in-hearing/) - A transportation company prevailed in a recent hearing involving the apportionment of receipts for transportation services. Under Texas apportionment rules, receipts for transportation services are apportioned to Texas if the receipt relates to the “transportation of goods or passengers in intrastate commerce within Texas.” See Comptroller Rule 3.591(e)(32)(A). The taxpayer in the hearing filed a
- [Southwestern Bell Yellow Pages v. Combs Decided by Third Court of Appeals](https://sbaustinlaw.com/southwestern-bell-yellow-pages-v-combs-decided-by-third-court-of-appeals/) - In Southwestern Bell Yellow Pages v. Combs, the Third Court of Appeals ruled in favor of the Comptroller and her interpretation of Tax Code § 151.011’s definition of “use.” The Court held that when the taxpayer purchased paper outside of Texas, had that paper printed and manufactured into phone books outside of Texas, and delivered some
- [Comptroller Issues Guidance on Specific Fees Designed to Recover Franchise Taxes from Customers](https://sbaustinlaw.com/comptroller-issues-guidance-on-specific-fees-designed-to-recover-franchise-taxes-from-customers/) - After the revised franchise tax was enacted in 2006, one telephone company added a margin tax recovery fee onto its customers’ bills; the Comptroller objected to this practice. In STAR Document 201008847L, the Comptroller provides some guidance on how companies may add such fees to their invoices without violating Comptroller policy or being deemed to
- [Renewable energy rules likely to advance in California](https://sbaustinlaw.com/renewable-energy-rules-likely-to-advance-in-california/) - A California state agency is expected to approve regulations Thursday that could break an impasse in a long-sought goal to require utilities in California to obtain a third of their power from solar and other renewable sources by 2020. The vote by the California Air Resources Board is being watched closely by many who have
- [Wind vs. Coal: The Fight for a Mountaintop](https://sbaustinlaw.com/wind-vs-coal-the-fight-for-a-mountaintop/) - LORELEI SCARBRO’S husband, Kenneth, an underground coal miner for more than 30 years, is buried in a small family cemetery near her property here at the base of Coal River Mountain. The headstone is engraved with two roosters facing off, their feathers ruffled. Kenneth, who loved cockfighting, died in 1999, and, Ms. Scarbro says, he
- [Use of the MTC Apportionment Method Not Permitted in Texas](https://sbaustinlaw.com/use-of-the-mtc-apportionment-method-not-permitted-in-texas/) - In her July 2010 Tax Policy News, the Comptroller reminds Texas taxpayers that Texas law does not permit the use of the Multistate Tax Compact's three-factor apportionment formula. Texas franchise tax reports must use Texas single-factor apportionment formula based on gross receipts.
- [Comptroller Re-Emphasizes Eligilibity to Elect Cost of Goods Sold Deduction and Explains Amending Returns](https://sbaustinlaw.com/comptroller-re-emphasizes-eligilibity-to-elect-cost-of-goods-sold-deduction-and-explains-amending-returns/) - Evidently the Comptroller is still grappling with many businesses in the service industry incorrectly electing to take a cost of goods sold deduction on their franchise tax reports. In her July 2010 Tax Policy News, the Comptroller reminds Texas taxpayers that "service industry entities generally do not qualify for the cost of goods sold deduction."
- [ Wind Drives Growing Use of Batteries](https://sbaustinlaw.com/wind-drives-growing-use-of-batteries/) - Increased wind energy development is resulting in new efforts to develop better storage of electrical energy. Delivery of electricity from wind energy generation is sometimes difficult to schedule; reliable storage can smooth out how wind energy integrates with electric utility grids. Some companies even see opportunities to profit through arbitrage, by buying electricity from wind
- [Bingaman Introduces Legislation to Help Store Renewable Energy for Later Use](https://sbaustinlaw.com/bingaman-introduces-legislation-to-help-store-renewable-energy-for-later-use/) - WASHINGTON –U.S. Senators Jeff Bingaman (D-N.M.), Ron Wyden (D-Ore.) and Jeanne Shaheen (D.-N.H.) introduced legislation today to offer tax credits for the creation of renewable energy storage. The Storage Technology of Renewable and Green Energy Act of 2010 Act (STORAGE 2010) would offer up to $1.5 billion in tax credits to storage projects that are
- [Midwest ISO Submits Proposed Cost Allocation Methodology To FERC](https://sbaustinlaw.com/midwest-iso-submits-proposed-cost-allocation-methodology-to-ferc/) - On July 15th, the Midwest Independent Transmission System Operator (MISO) filed its proposed cost allocation methodology for new interstate electric transmission projects with the Federal Energy Regulatory Commission Pending FERC approval, the Multi Value Projects (MVPs) - transmission lines that have a regional impact and are part of a regional plan - will have a
- [MISO Stakeholders Get a Glimpse of FERC Re-Filing](https://sbaustinlaw.com/miso-stakeholders-get-a-glimpse-of-ferc-re-filing/) - Stakeholders in the Midwest Independent Transmission System Operator (MISO) footprint received advance notice of the contents contained in the system operator's re-filing on July 15, 2010 with the Federal Energy Regulatory Committee (FERC) regarding its cost allocation proposals for transmission. FERC previously deemed MISO's so-called "90/10" generator interconnection cost allocation methodology proposed in a July
- [Changes to the Administrative Rule Regarding the Sales Tax Holiday Proposed](https://sbaustinlaw.com/changes-to-the-administrative-rule-regarding-the-sales-tax-holiday-proposed/) - The Comptroller has proposed amendments to the rule concerning the Sales Tax Holiday. The comment period for the rule expires on August 1, 2010. Proposed changes to rules are posted on the Comptroller’s website.
- [Sales Tax Rule 3.286 Amended](https://sbaustinlaw.com/sales-tax-rule-3-286-amended/) - Comptroller Rule 3.286 relating to Seller’s and Purchaser’s responsibilities, including nexus, permits, returns and reporting periods, collection and exemption rules, and criminal penalties was amended effective July 9, 2010. Follow this link to review the amended rule: amended rule.
- [Dates Set for 2010 Back-to-School Sales Tax Holiday](https://sbaustinlaw.com/dates-set-for-2010-back-to-school-sales-tax-holiday/) - This year’s back-to-school sales tax holiday begins at 12:01 a.m., Friday, August 20, 2010, and ends at midnight on Sunday, August 22, 2010. During the tax holiday, most purchases of clothing, footwear, backpacks, and school supplies priced less than $100 will be sales-tax-free.
- [Convenience Store Owner Sentenced to Jail for Committing Sales Tax Fraud](https://sbaustinlaw.com/convenience-store-owner-sentenced-to-jail-for-committing-sales-tax-fraud/) - The Comptroller recently used its new powers under legislation identifying certain actions as state tax fraud to charge and convict a convenience store owner for failure to remit sales taxes collected from customers and making false entries in sales tax records. The owner was sentenced to 10 years deferred adjudication. Read more at the following
- [Sales Tax Rule on Motor Vehicle Parking and Storage Services Amended](https://sbaustinlaw.com/sales-tax-rule-on-motor-vehicle-parking-and-storage-services-amended/) - Comptroller Rule 3.315 relating to Motor Vehicle Parking and Storage Services was amended effective May 21, 2010. Follow this link to review the amended rule: amended rule.
- [Effective Date for Sales Tax Exemption for Exempt Entities Amended](https://sbaustinlaw.com/effective-date-for-sales-tax-exemption-for-exempt-entities/) - For purchases made after September 1, 2009, the effective date for a sales and use tax exemption claimed by an exempt organization will be the earlier of (1) the date the organization successfully applied to the Comptroller's office for exemption, and (2) the date of assessment of the organization's tax liability by the Comptroller as
- [PUC selects route for new transmission line that LCRA TSC will build in Schleicher, Irion and Tom Green Counties](https://sbaustinlaw.com/puc-selects-route-for-new-transmission-line-that-lcra-tsc-will-build-in-schleicher-irion-and-tom-green-counties/) - On July 8, 2010, the Texas Public Utility Commission (PUC) chose a route for a new 345-kilovolt transmission line project intended to carry renewable wind power through Schleicher, Irion and Tom Green counties to the load centers of Austin and San Antonio and other more populated areas of the state. LCRA Transmission Services Corporation (LCRA
- [Texas company developing transmission lines files request to become an Oklahoma public utility](https://sbaustinlaw.com/texas-company-developing-transmission-lines-files-request-to-become-an-oklahoma-public-utility/) - Clean Line Energy Partners, a Texas company planning a $3.5 billion transmission line project has applied to become a public utility in Oklahoma. The application by Plains and Eastern Clean Line Oklahoma, which is an affiliate of Houston-based Clean Line Energy Partners, with the Oklahoma Corporation Commission is only the second of its kind ever
- [Wind-energy developers win break](https://sbaustinlaw.com/wind-energy-developers-win-break/) - Today, wind developers won a victory when the operators of the Midwest's largest regional electrical grid abandoned a proposal to make them pay up to 20 percent of the cost of new high-voltage transmission projects to deliver renewable energy. The Midwest Independent Transmission System Operator on Tuesday unveiled to a large group of utilities, developers,
- [MISO unveiling plans to share costs of shipping wind energy](https://sbaustinlaw.com/miso-unveiling-plans-to-share-costs-of-shipping-wind-energy/) - On Tuesday June 22, a yearlong, behind-the-scenes struggle among wind developers, utilities and transmission line owners will come to a head. At stake is Minnesota's and the rest of the Upper Midwest's aspirations to build a business of exporting wind energy to other parts of the country in the coming decades. The fight centers on
- [Need for high voltage transmission lines questioned by PUC Chairman](https://sbaustinlaw.com/need-for-high-voltage-transmission-lines-questioned-by-puc-chairman/) - Recently, Barry Smitherman, Chair of the Public Utility Commission of Texas, asked the Electric Reliability Council of Texas to “thoroughly re-evaluate the need for the Gillespie to Newton transmission line” that has been proposed to carry wind from the competitive renewable energy zones located in West Texas to population centers along the I35 corridor. The
- [A&M helps create nation’s largest turbine](https://sbaustinlaw.com/am-helps-create-nations-largest-turbine/) - The Spanish company, Gamesa, which specializes in technologies for alternative energy, has teamed up with Texas A&M to create the G10X, soon to be the nation’s largest wind turbine. The turbine will be at West Texas A&M Campus in Canyon, Texas, 15 miles south of Amarillo. “West Texas A&M University is ideally located for the
- [Texas Study Finds Substantial Economic Benefits and Consumer Savings from Wind Power and CREZ Transmission Plan](https://sbaustinlaw.com/texas-study-finds-substantial-economic-benefits-and-consumer-savings-from-wind-power-and-crez-transmission-plan/) - The typical Texas residential consumer is expected to potentially save $160 to $355 annually in electricity bills, once new transmission lines are completed to deliver wind power throughout the state, according to a study released today from The Perryman Group. Investment in new wind turbines and the Competitive Renewable Energy Zone (CREZ) transmission lines will
- [Idaho PUC Taking Comments On Idaho Power's REC Plan](https://sbaustinlaw.com/idaho-puc-taking-comments-on-idaho-powers-rec-plan/) - Idaho Power Company is proposing a plan to sell the renewable energy credits (RECs) it earns for its renewable power to other power providers and share the proceeds with customers. However, the plan also gives Idaho Power long-term contractual rights to the credits, sometimes called “green tags,” if a federal renewable energy standard is imposed
- [Patterson: Future is in green energy](https://sbaustinlaw.com/patterson-future-is-in-green-energy/) - Nearly four years ago, the Texas General Land Office signed the nation's first ever lease for offshore wind power. Since then, major hurricanes and economic storms have blown away plans to have turbines up and running by now. But that doesn't mean we're not earning real money. After all, that's what my drive to develop
- [Conditionally Approved FERC Order Will Add Cost to Wind Generators ](https://sbaustinlaw.com/conditionally-approved-ferc-order-will-add-cost-to-wind-generators/) - On June 4, 2009, Westar Energy, Inc. (Westar) filed, as new attachments to its Open Access Transmission Tariff (OATT), a pro forma Balancing Area Services Agreement (Balancing Agreement) and Schedule 3A, Generator Regulation and Frequency Response Service (Schedule 3A). Westar’s proposed Balancing Agreement and Schedule 3A will allow Westar to charge for and provide generation
- [FERC Approves Negotiated Rates for Tres Amigas Transmission Project](https://sbaustinlaw.com/ferc-approves-negotiated-rates-for-tres-amigas-transmission-project/) - The Federal Energy Regulatory Commission (FERC) today granted Tres Amigas LLC’s (Tres Amigas) request for authorization to sell transmission services at negotiated rates for service on the company’s proposed project, a three-way transmission station in New Mexico intended to link the nation’s three transmission grids and to provide consumers with greater access to renewable resources.
- [Study: SPP States Can Reliably Obtain 40% Electricity From Wind ](https://sbaustinlaw.com/study-spp-states-can-reliably-obtain-40-electricity-from-wind/) - A new study funded by the National Renewable Energy Laboratory has found that Nebraska and the other states in the Southwest Power Pool (SPP) region can reliably obtain 40% of their electricity from wind energy, achieving major carbon dioxide (CO2) emissions reductions and incurring only minor costs associated with operating the power system differently than
- [West Texas breezes push wind power to set a record on the grid](https://sbaustinlaw.com/west-texas-breezes-push-wind-power-to-set-a-record-on-the-grid/) - March 2, 2010. Texas wind energy production set a record last Sunday, generating 6,242 megawatts, peaking mid-day at 22 % of total demand. Texas Wind Energy Record - Read More
- [U.S. WIND RESOURCE EVEN LARGER THAN PREVIOUSLY ESTIMATED: GOVERNMENT ASSESSMENT](https://sbaustinlaw.com/u-s-wind-resource-even-larger-than-previously-estimated-government-assessment/) - February 18, 2010. The American Wind Energy Association (AWEA) today issued the following statement from AWEA CEO Denise Bode on a new assessment from the National Renewable Energy Laboratory showing that U.S. wind resources are larger than previously estimated: "This new analysis confirms that America is blessed with vast wind resources that can energize our
- [Tres Amigas Proposal to Link the Nation's Grid Sparks a Debate](https://sbaustinlaw.com/tres-amigas-proposal-to-link-the-nations-grid-sparks-a-debate/) - The proposed Tres Amigas transmission project to be located in New Mexico, which would link three of the nation's three power grids to share wind power across the United States, has attracted both eager allies and some determined foes. The Tres Amigas project would operate three power switching hubs connected by several miles of superconducting direct-current lines, on a 22.5-square-mile section near Clovis, N.M., adjoining Texas and Oklahoma. The hubs would direct power flows in and out of the three regions, whose electrical systems are not synchronized, creating bridges for electric power to flow across the entire country, wherever transmission capacity permitted. Read more about Tres Amigas.
- [Court Holds for Taxpayers in Prepaid Wireless Telecommunications Refund Claim](https://sbaustinlaw.com/court-holds-for-taxpayers-in-prepaid-wireless-telecommunications-refund-claim/) - On February 2, 2010, District Judge Orlinda Naranjo ruled in favor of taxpayers, TracFone and Virgin Mobile, in their challenge to the state’s attempt to apply the e-911 fee to prepaid wireless carriers. In TracFone Wireless, Inc., and Virgin Mobile USA, LP v. Commission on State Emergency Communications and Texas 9-1-1 Alliance, Cause No. D-1-GN-08-003039,
- [Garland's claims about electric project disputed](https://sbaustinlaw.com/garlands-claims-about-electric-project-disputed/) - Press releases by the city of Garland claiming that a court ruling halts a huge $5 billion project to build transmission lines from West Texas wind farms to urban areas is being vigorously disputed by others. Representatives of the Texas Public Utility Commission and Oncor Electric Delivery take issue with a Garland news release Jan. 15 that declared that the ruling meant that "further transmission line development" in the Competitive Renewable Energy Zones project "must be suspended until the PUC properly weighs the costs and benefits to electricity consumers." After the Garland press release was issued, the Houston Chronicle reported that the judge’s ruling "will freeze billions of dollars of work on new high-voltage power lines." PUC spokesman Terry Hadley said Yelenosky’s ruling will be reviewed by the three-member commission at its 9:30 a.m. Friday meeting in Austin. The judge’s ruling challenged only "a small sliver of the commission order," with the result that there "will be minor issues that the commission will need to revisit," Hadley said. Catherine Cuellar, a spokeswoman for Oncor, the major transmission and distribution company serving North Texas, said it is "optimistic" that the judge’s ruling "won’t cause any delay" in its 14 transmission-line projects, valued at $1.4 billion and covering 850 miles of new power lines. The judge’s ruling "was very narrow" in its scope, Cuellar said. Read more about City of Garland Appeal.
- [SPP Wind Integration Study Identifies Challenges, Solutions to Adding More Wind Energy to the Regional Electric Grid January](https://sbaustinlaw.com/spp-wind-integration-study-identifies-challenges-solutions-to-adding-more-wind-energy-to-the-regional-electric-grid-january/) - On January 19, 2010 the SPP WITF Wind Integration Study, conducted by Charles River Associates (CRA) on behalf of the Southwest Power Pool, Inc. (SPP) Wind Integration Task Force (WITF), found that enhanced electricity reserves and major transmission reinforcements are needed to integrate higher levels of wind generation into the SPP transmission system and energy markets. If the needed transmission upgrades were completed, there would be no significant technical barriers or reliability impacts to integrating wind energy levels up to 20%. Currently, approximately 4% of the region’s electricity is generated by wind. According to SPP Vice President of Engineering Bruce Rew, “The study reinforced the criticality of coordinating transmission expansion plans with plans for building infrastructure to generate wind energy. Recommendations made in the study will allow SPP to prepare for continued growth in our region’s renewable wind resources.”
- [NREL Study Shows 20 Percent Wind is Possible by 2024](https://sbaustinlaw.com/nrel-study-shows-20-percent-wind-is-possible-by-2024/) - NREL Study Shows 20 Percent Wind is Possible by 2024 Analysis Shows Transmission Upgrades, Offshore Wind, and Operational Changes Needed to Incorporate 20 to 30 Percent Wind January 20, 2010 Today, the U.S. Department of Energy’s (DOE) National Renewable Energy Laboratory (NREL) released the Eastern Wind Integration and Transmission Study (EWITS). This unprecedented two-and-a-half year
- [Texas is in line to get clean energy tax credits](https://sbaustinlaw.com/texas-is-in-line-to-get-clean-energy-tax-credits/) - On Friday, President Barack Obama announced $2.3 billion in tax credits for 183 ventures to build advanced batteries, wind turbines and other clean energy technology products nationwide. Eight projects in Texas were selected to receive a portion of the tax credits. Among them are, Roller Bearing Co. of America, which can claim $4.2 million for a facility in Houston to produce wind turbine blades and bearings. Ringdale which is based in Georgetown claim $450,000 for its plans to purchase equipment to expand production of more efficient commercial LED lighting and advanced lighting control technology. Also qualifying was Cooper Power Systems, which may receive $495,510 to defray costs of building a facility in Nacogdoches to produce electrical transformers with more efficient amorphous steel cores.
- [LCRA picks E.ON Climate and Renewables for major renewable expansion - Texas Wind Energy Project](https://sbaustinlaw.com/lcra-picks-e-on-climate-and-renewables-for-major-renewable-expansion-texas-wind-energy-project/) - E.ON Climate & Renewables (EC&R) North America and the Lower Colorado River Authority (LCRA) announced the signing of an 18-year power purchase agreement. Under the agreement, LCRA will purchase the entire output from phase II of EC&R’s Papalote Creek wind farm – approximately 200 megawatts (MW) of power. “We are pleased to have the Lower
- [TRES AMIGAS FILES WITH FERC FOR AMERICA’S FIRST RENEWABLE ENERGY TRANSMISSION HUB](https://sbaustinlaw.com/tres-amigas-files-with-ferc-for-americas-first-renewable-energy-transmission-hub/) - SANTA FE, N.M. – December 9, 2009 – Tres Amigas, LLC today announced that it has submitted filings with the Federal Energy Regulatory Commission (FERC) requesting regulatory approvals needed to move forward with the Tres Amigas SuperStation, America’s first renewable energy transmission hub. The SuperStation will be located in Clovis, New Mexico and will for
- [EPA Major Announcement on Greenhouse Gases (GHGs)](https://sbaustinlaw.com/epa-major-announcement-on-greenhouse-gases-ghgs/) - The Environmental Protection Agency announced today, "After a thorough examination of the scientific evidence and careful consideration of public comments, the U.S. Environmental Protection Agency (EPA) announced today that greenhouse gases (GHGs) threaten the public health and welfare of the American people. EPA also finds that GHG emissions from on-road vehicles contribute to that threat.
- [Transmission line key to wind farms: With it, Oklahoma could be leader in renewable energy.](https://sbaustinlaw.com/transmission-line-key-to-wind-farms-with-it-oklahoma-could-be-leader-in-renewable-energy/) - A decision is pending to build a new electricity transmission line in Oklahoma connecting Woodward to other portions of the State. The line could lead to more than 3,000 megawatts of additional wind energy generation projects. The new line is sixth in priority for projects under consideration with the Southwest Power Pool. Another transmission line up
- [Energy secretary says U.S. losing edge, but can recover](https://sbaustinlaw.com/energy-secretary-says-u-s-losing-edge-but-can-recover/) - During a visit to Clemson University, U.S. Energy Secretary Steven Chu said the type of innovation found at the University is part of what is needed to help the United States solve its energy problems. Presently the U.S. is losing its superiority in the clean energy race as China and other countries are moving ahead
- [Texas Railroad Commission to Intervene in CREZ Transmission Dockets](https://sbaustinlaw.com/texas-railroad-commission-to-intervene-in-crez-transmission-dockets/) - At an Open Meeting held on November 24, 2009 Texas Railroad Commissioners voted to intervene in each Texas Public Utility Commission docket related to the issuance of Certificates of Convenience and Necessity to the transmission service providers who will build the transmission lines to serve the Texas Competitive Renewable Energy Zones (“CREZ”). In a report submitted to the Texas RRC in October 2009 Professional Right of Way Services, Inc. expressed concern that the proposed transmission line routes cross oil and gas fields without consideration to the location of existing active and inactive wells, and that the Texas RRC needs to evaluate any potential impact of the proposed routes on oil and gas operations.
- [E.ON completes US wind farm on former coal mine ](https://sbaustinlaw.com/e-on-completes-us-wind-farm-on-former-coal-mine/) - E.ON is further expanding its wind energy portfolio in the United States by opening its new Stony Creek wind farm in Western Pennsylvania. The wind farm is the fifth such project successfully completed this year. Stony Creek is the first wind farm of E.ON Climate & Renewables located in Western Pennsylvania. It has been set up on the site of a former surface mine, which has now been put to new use. The project comprises 35 General Electric wind turbines with an installed capacity of approximately 53 MW. The wind farm can supply about 16,000 homes with electricity
- [After outcry, 2 companies shift their turbine plans](https://sbaustinlaw.com/after-outcry-2-companies-shift-their-turbine-plans/) - The U.S. Renewable Energy Group, an investment firm, and A-Power Energy Generation Systems, a Chinese turbine maker, the two companies that encountered political anger for their plans to use Chinese-built turbines on a wind farm in West Texas have announced plans to build a new turbine factory in the United States. The companies said in
- [New Record Set in Spain for Wind Energy Generation](https://sbaustinlaw.com/new-record-set-in-spain-for-wind-energy-generation/) - On November 8, 2010, Spain's wind energy generation set a new record by providing 53% of electricity demand for several hours. During a few days the previous week, wind energy generation accounted for more than 40% of Spain's electricity needs. In 2008, wind power projects were responsible for a 11.5% of Spain's total electricity. Wind Energy Generation Record in Spain
- [Survey: 2010 Will Be Buyers' Market for Commercial Real Estate ](https://sbaustinlaw.com/survey-2010-will-be-buyers-market-for-commercial-real-estate/) - 2010 looks to be a good juncture to purchase commercial real estate. As commercial vacancies increase, rents continue to fall which in turn is leading to lower prices. Several studies suggest commercial real estate prices will eventually fall as much as 50% from 2007 peak levels; but such analysts believe the fall in prices will bottom out next year. And many investors will see good buying opportunities
- [Senate panel approves Democratic climate bill](https://sbaustinlaw.com/senate-panel-approves-democratic-climate-bill/) - The U.S. Senate Environment and Public Works Committee recently voted to approve a bill mandating cuts in carbon dioxide emissions and greenhouse gases; the bill calls for reductions of 20% between now and the year 2020. Climate Change Article
- [Commercial Real Estate "Bloodletting" Began Long Ago](https://sbaustinlaw.com/commercial-real-estate-bloodletting-began-long-ago/) - Interesting insights from The Business Insider:http://www.businessinsider.com/soros-the-commercial-real-estate-bloodletting-began-a-long-time-ago-2009-11
- [Department of Energy Awards $338 Million to Accelerate Domestic Geothermal Energy](https://sbaustinlaw.com/department-of-energy-awards-338-million-to-accelerate-domestic-geothermal-energy/) - Innovative geothermal projects are funded in support of project deployment, technology development, and data collection over 39 states. U.S. Department of Energy Secretary Steven Chu announced October 29, 2009 up to $338 million in Recovery Act funding for the exploration and development of new geothermal fields and research into advanced geothermal technologies. These grants will support
- [FERC Ruling Shifts Transmission Cost Burden To Wind Developers](https://sbaustinlaw.com/ferc-ruling-shifts-transmission-cost-burden-to-wind-developers/) - A recent FERC ruling requires wind developers to bear a much larger share of transmission upgrade costs for new projects in the territory of the Midwest Independent Transmission System Operator. This ruling affects wind energy projects in several upper midwest states: Illinois, Indiana, Iowa, Ohio, Michigan, Minnesota, Missouri, Montana, North Dakota, South Dakota, and Wisconsin. Read More about Wind Energy Transmission
- [West Texas Town Recasts Itself as Wind-Power Hub](https://sbaustinlaw.com/west-texas-town-recasts-itself-as-wind-power-hub/) - n Roscoe, Texas home of the world's largest wind farm wind-energy-service companies sit on the same street as the old grocery store, and so does the headquarters warehouse of E.On Climate & Renewables, a unit of Germany-based E.On AG that owns the Roscoe wind farm. The project has 627 turbines -- one for every two inhabitants of Roscoe -- and employs about 70 technicians, including contractors and staffers. It has enough capacity to power 230,000 homes, most of them in the more populated eastern parts of the state. Roscoe is in Nolan County, which has approximately 17,000 people and nearly 10% of U.S. wind-power-generating capacity -- built in just the past decade. The financial crisis and bottlenecks in transmission capacity have slowed the proliferation of wind turbines, but the area has become a powerhouse for an emerging technology that advocates say would help reduce U.S. emissions of greenhouse gases
- [Report Examines Hidden Health and Environmental Costs Of Energy Production and Consumption In U.S.](https://sbaustinlaw.com/report-examines-hidden-health-and-environmental-costs-of-energy-production-and-consumption-in-u-s/) - A new report from the National Research Council examines and, when possible, estimates "hidden" costs of energy production and use -- such as the damage air pollution imposes on human health -- that are not reflected in market prices of coal, oil, other energy sources, or the electricity and gasoline produced from them. The report
- [Kansas Power Line is Priority Again](https://sbaustinlaw.com/kansas-power-line-is-priority-again/) - On Tuesday October 28, 2009, the Southwest Power Pool (SPP) reversed its decision to downgrade a high-voltage power line Kansas deems crucial for its wind industry. The power line located in southwest Kansas had been on the list of priority projects for SPP until recently when one of SPP's committees recently removed it from the
- [Potential Setback for Kansas Wind Energy](https://sbaustinlaw.com/potential-setback-for-kansas-wind-energy/) - Kansas wind energy may suffer a severe blow if the Southwest Power Pool approves a recommendation to to a drop a high-voltage transmission line in the state from its list of priority projects.
- [Nodal Program Preps for Market Connectivity](https://sbaustinlaw.com/nodal-program-preps-for-market-connectivity/) - ERCOT Chief Technology Officer Mike Cleary briefed the board on the nodal program’s preparations for market connectivity tests – the program’s next major milestone – and a market readiness effort which is rapidly gaining speed.
- [U.S. WIND ENERGY INDUSTRY INSTALLS OVER 1,600 MW IN THIRD QUARTER](https://sbaustinlaw.com/u-s-wind-energy-industry-installs-over-1600-mw-in-third-quarter/) - Washington D.C. — The American Wind Energy Association (AWEA) reported today in its third quarter (Q3) market report that the U.S. wind energy industry installed 1,649 megawatts (MW) of new power generating capacity in the third quarter—an amount higher than either the 2nd quarter of 2009 or the 3rd quarter of 2008—bringing the total capacity
- [Wind industry reveals plan for radar-friendly stealth turbines](https://sbaustinlaw.com/wind-industry-reveals-plan-for-radar-friendly-stealth-turbines/) - A project unveiled today by Energy and Climate Change Secretary Ed Miliband would coat wind turbines with material similar to that used to make Stealth Bombers invisible to radar to address long-standing concerns that wind farms disrupt air traffic control systems. In his address to the British Wind Energy Association (BWEA) conference in Liverpool, Ed Miliband
- [Governor Bill Richardson Announces Major Energy Project -- Clovis-Area Superstation To Send NM-Produced Renewable Energy to Customers](https://sbaustinlaw.com/governor-bill-richardson-announces-major-energy-project-clovis-area-superstation-to-send-nm-produced-renewable-energy-to-customers/) - October 13, 2009. Governor Bill Richardson today announced that New Mexico will be home to the Tres Amigas Super Station, which will connect America’s three main power grids – opening the door to more efficient delivery of renewable energy through the nation’s power transmission infrastructure. “New Mexico leads the way in green and renewable energy
- [E.ON opens the world's largest wind farm](https://sbaustinlaw.com/eon-opens-the-worlds-largest-wind-farm/) - E.ON has put the world’s largest wind farm into operation in the United States. After a construction period of just over two years, 627 wind turbines with an installed capacity of approx. 780 MW are now operating in Roscoe, Texas. They can generate electricity for more than 230,000 homes. The wind farm consists of four
- [Comptroller Policy on Cost of Goods Sold for Lending Institutions](https://sbaustinlaw.com/comptroller-policy-on-cost-of-goods-sold-for-lending-institutions/) - The Comptroller issued a letter ruling stating that lending institutions that offer loans to the public may subtract as a cost of goods sold an amount equal to the interest expense on its loans. The letter also concludes that a motor vehicle financing company qualifies as a lending institution for this policy. You can review
- [The Comptroller’s August 2009 Tax Policy News Discusses Sales Tax Policy Concerning Places of Business](https://sbaustinlaw.com/the-comptrollers-august-2009-tax-policy-news-discusses-sales-tax-policy-concerning-places-of-business/) - In her August newsletter, the Comptroller discusses what type of location qualifies as a place of business, with an emphasis on procurement companies and purchasing offices. The determination of a place of business has a significant impact on local sales tax collection. The Comptroller concludes that a third-party procurement company or purchasing office that operates
- [The Comptroller’s July 2009 Tax Policy News Provides Legislative Update](https://sbaustinlaw.com/the-comptrollers-july-2009-tax-policy-news-provides-legislative-update/) - The Comptroller’s July 2009 Tax Policy News contains a helpful update on the 2009 legislative changes to Texas tax laws. You can read the newsletter on the Comptroller’s website. http://www.cpa.state.tx.us/taxinfo/taxpnw/tpn2009/tpn907.html
- [Third Court of Appeals Denies Taxpayer’s Motion for Rehearing in Reynolds Metals Co. v. Combs](https://sbaustinlaw.com/third-court-of-appeals-denies-taxpayers-motion-for-rehearing-in-reynolds-metals-co-v-combs/) - In Reynolds Metals Co. v. Combs (Third Court of Appeals, No. 03-07-00709-CV, Apr. 8, 2009), the Third Court denied the taxpayer’s motion for rehearing. In this case, the taxpayer argued that its purchase of ship unloaders, which operated on rails, qualified as a purchase of exempt rolling stock. The court held that the rolling stock
- [Texas’ Tax on Other Tobacco Products Converted to a Weight-Based System](https://sbaustinlaw.com/texas-tax-on-other-tobacco-products-converted-to-a-weight-based-system/) - Governor Perry signed HB 2154 which increased other tobacco products taxes and converted the tax from an ad valorem system to a weight-based system. The law became effective September 1, 2009. You can review the text of the bill on the Texas Legislature’s website at http://www.capitol.state.tx.us/tlodocs/81R/billtext/pdf/HB02154F.pdf.
- [Arbitration Ruling Finds in Favor of Contractor in Dispute with Its Customer; Gilbert Bernal Testified as an Expert Witness in the Case](https://sbaustinlaw.com/arbitration-ruling-finds-in-favor-of-contractor-in-dispute-with-its-customer-gilbert-bernal-testified-as-an-expert-witness-in-the-case/) - An arbitrator recently ruled in favor of a construction contractor in a sales tax dispute against a business owner for whom the contractor performed remodeling work. Gilbert Bernal of Stahl, Bernal & Davies, L.L.P. testified as the expert witness for the contractor on the sales tax issues concerning whether the contract was a "tax included"
- [Midwest ISO Leads Discussion on Wind Integration Challenges in the Midwest](https://sbaustinlaw.com/midwest-iso-leads-discussion-on-wind-integration-challenges-in-the-midwest/) - The Midwest ISO wrapped up its Advisory Committee and Board meetings in St. Paul,MN, today after FERC Commissioner Marc Spitzer addressed Midwest ISO stakeholders, expressing optimism and thanking them for their commitment to wind integration. The meetings gave Midwest ISO stakeholders the opportunity to engage the independent, nonprofit organization’s Board of Directors on specific issues,
- [Texas Wind Projects Sensitive to Prairie Chicken ](https://sbaustinlaw.com/texas-wind-projects-sensitive-to-prairie-chicken/) - Federal protection for the prairie chickens which are found in the Texas Panhandle could hamper Texas's plan to add 5,500 megawatts of wind power in the region by 2013, a 60 percent increase for the state. The Fish & Wildlife Service recommends a five-mile buffer between turbine towers and prairie chicken mating grounds or leks. The American Wind Energy Association, an industry lobby group in Washington, said the buffer was calculated based on the impact of oil and natural gas projects on the chickens, and that more study on the direct effect of wind turbines is needed. Read more about the Prairie Chicken and Wind Project Siting
- [Twisting in the Wind](https://sbaustinlaw.com/twisting-in-the-wind/) - Soon after news broke about Austin Energy's troubles selling a batch of GreenChoice wind power, the utility announced plans to significantly lower the price. According to the U.S. Department of Energy, AE's highly esteemed GreenChoice program is ranked No. 1 in the nation for total kilowatt sales, and since the program has maintained that standing
- [Austin Energy Steps Up Climate Protection Plan](https://sbaustinlaw.com/austin-energy-steps-up-climate-protection-plan/) - According to a new report issued by Austin Energy on August 18, 2009, Austin Energy is recommending a reved up Climate Protection Plan which would add more renewable energy, more quickly to the City's portfolio. The recommendation would result in the City obtaining 36.7% of its energy from renewable sources by 2020 - an effort that
- [FERC Approves Reformed Interconnection Procedures of Southwest Power Pool](https://sbaustinlaw.com/ferc-approves-reformed-interconnection-procedures-of-southwest-power-pool/) - The Federal Energy Regulatory Commission (FERC) recently provided preliminary approval of a new interconnection process for the Southwest Power Pool (SPP). The new process is intended to help alleviate a backlog of interconnection requests and allow SPP to more efficiently handle pending requests. Among the new requirements for wind energy generators are proof of site control and
- [Texas wind farms reap N.C. dollars; Utilities look out of state to meet green-energy targets](https://sbaustinlaw.com/texas-wind-farms-reap-nc-dollars-utilities-look-out-of-state-to-meet-green-energy-targets/) - Utilities in North Carolina can satisfy up to 25 percent of their clean energy mandates by buying certificates from out of state. With the first deadlines fast approaching for North Carolina's renewable energy targets, power companies in North Carolina are snapping up green certificates from out-of-state wind farms including from farms located in Texas. Although the certificates don't
- [Commercial Real Estate: Record Declines May Be Good News ](https://sbaustinlaw.com/commercial-real-estate-record-declines-may-be-good-news/) - MIT's commercial real estate price index fell 18.1 percent in the second quarter. With lower property values and financing difficult, many commentators expect more commercial properties to end up in foreclosure when loans come due and cannot be refinanced. But some see the dramatic recent fall in values as a sign that prices may be approaching a level sufficient to generate buyer interest. Time
- [House Will Get Another Shot at Feed-In Tariffs ](https://sbaustinlaw.com/house-will-get-another-shot-at-feed-in-tariffs/) - The U.S. House of Representatives may consider a bill requiring feed-in tariffs for electricity generated from renewable sources. The idea of a feed-in tariff is that utility companies are required to purchase a specified quantity of renewable energy at its costs plus a legislated premium. Read about Required Purchase of Renewable Energy
- [DOE Makes $30B Available to Jumpstart Renewable Energy,' Smart Grid' Projects](https://sbaustinlaw.com/doe-makes-30b-available-to-jumpstart-renewable-energy-smart-grid-projects/) - The U.S. Department of Energy (DOE) announced $30 billion in loan guarantees for renewable energy projects and smart-grid projects. Applicants now have 45 days to apply for the loan guarantees. Read More about Renewable Energy Loan Guarantees Press Release DOE Loan Guarantee Program
- [Property Bond Sales May Resume With $3 Billion in TALF Deals ](https://sbaustinlaw.com/property-bond-sales-may-resume-with-3-billion-in-talf-deals/) - Commercial real estate firms hope to sell three billion dollars of mortgage-backed bonds this fall. The bond sales would be facilitated by the Federal Reserve’s Term Asset-Backed Securities Loan Facility; the TALF is aimed at thawing the commercial mortgage backed securities lending markets for hotels, retail shopping centers, and office buildings. Read more about mortgage-backed bond sales
- [FIGHTING AGAINST IMPACT OF ECONOMIC CRISIS, U.S. WIND ENERGY INDUSTRY INSTALLS 1,200 MW IN SECOND QUARTER ](https://sbaustinlaw.com/fighting-against-impact-of-economic-crisis-us-wind-energy-industry-installs-1200-mw-in-second-quarter/) - The U.S. wind energy industry installed 1,210 megawatts (MW) of new power generating capacity in the second quarter, bringing the total added this year to just over 4,000 MW – an amount larger than the 2,900 MW added in the first six months of 2008, the American Wind Energy Association (AWEA) said today in its
- [Report Shows Wind Becoming a Significant Part of US Energy Mix](https://sbaustinlaw.com/report-shows-wind-becoming-a-significant-part-of-us-energy-mix/) - According to the Wind Technologies Market Report issued by the US Department of Energy (DOE) written by Lawrence Berkeley National Laboratory (LBNL)the US is continuing to lead the world as the fastest-growing wind power market. Since 2005 the US has led the world in new wind capacity installations, overtaking Germany in cumulative wind capacity installations. The
- [China Builds High Wall to Guard Energy Industry ](https://sbaustinlaw.com/china-builds-high-wall-to-guard-energy-industry/) - China now considers renewable energy a strategic industry segment and is exerting tremendous effort to become the global leader in wind and solar energy. It has made a big push in solar panel manufacturing. And it has dramatically increased its production of wind turbines. Some foreign turbine manufacturers have complained that China is favoring its local manufacturers with protectionist measures when selecting manufacturers for
- [Austin commercial foreclosure postings skyrocket](https://sbaustinlaw.com/austin-commercial-foreclosure-postings-skyrocket/) - Foreclosures on commercial real estate in Austin, Texas increased 139 % during the first half of 2009 as compared to a similar period last year. Commercial Real Estate Foreclosures
- [Black’s Apollo to Raise $600 Million for Commercial REIT Fund](https://sbaustinlaw.com/blacks-apollo-to-raise-600-million-for-commercial-reit-fund/) - Leon Black of Appollow Global Management LLC has announced plans to raise $600 million for its commercial real estate fund -- Apollo Commercial Real Estate Finance Inc. REIT Fund
- [Second wave of real estate crisis to hit commercial propery market](https://sbaustinlaw.com/second-wave-of-real-estate-crisis-to-hit-commercial-propery-market/) - Difficulties with declining occupancy, falling prices, and financing is leading some commentators to predict another real estate crisis in Washington, D.C. Commerical Real Estate Article
- [Fed's Legacy Bond Program Under Way But Commercial Real Estate Traders Remain Cautious](https://sbaustinlaw.com/feds-legacy-bond-program-under-way-but-commercial-real-estate-traders-remain-cautious/) - The U.S. Treasury Department will seek to begin setting values for certain commercial mortgage backed securities (CMBS) via a trading program emanating from the TALF program. Commercial Real Estate Blog
- [Treasury, DOE Release Guidelines For Renewable Energy Cash Grant Program ](https://sbaustinlaw.com/treasury-doe-release-guidelines-for-renewable-energy-cash-grant-program/) - Applicants interested in receiving payments under Section 1603 of the American Recovery and Reinvestment Tax Act of 2009 may submit an application on-line by going to www.treasury.gov/recovery. Applications may only be submitted after the property to which the application relates is placed in service, or is under construction. A completed application will include the signed and
- [Upgraded power grid is vital for alternative energy in Kansas](https://sbaustinlaw.com/upgraded-power-grid-is-vital-for-alternative-energy-in-kansas/) - Before a wind farm can deliver its electricity to customers high-voltage lines to transport that electiricty must be installed. Experts say, without a more robust electrical grid, greater use of wind generated electricity in America will not come to fruition. Recently Prairie Wind Transmission and ITC Great Plains agreed to split a project to build a 200-mile-long
- [Possible $3.26 Billion in additional lending for Ohio/Great Lakes Renewable Energy Projects](https://sbaustinlaw.com/possible-326-billion-in-additional-lending-for-ohiogreat-lakes-renewable-energy-projects/) - The Great Lakes states would benefit from creation of a new regional power marketing authority thanks to a key amendment that Congresswoman Marcy Kaptur succeeded in placing in the climate change legislation that the House of Representative passed on Friday evening. The Kaptur amendment, included in the manager’s amendment to H.R. 2484, authorizes the Secretary
- [Secretary Salazar, Senator Reid Announce ‘Fast-Track’ Initiatives for Solar Energy Development on Western Lands](https://sbaustinlaw.com/fed-works-to-speed-solar-development-in-southwest/) - LAS VEGAS, Nevada – Under initiatives announced today by Secretary of the Interior Ken Salazar and U.S. Senator Harry Reid (D-NV), federal agencies will work with western leaders to designate tracts of U.S. public lands in the West as prime zones for utility-scale solar energy development, fund environmental studies, open new solar energy permitting offices
- [FERC Accepts SPP Funding Proposal to Integrate Wind Resources](https://sbaustinlaw.com/ferc-accepts-spp-funding-proposal-to-integrate-wind-resources/) - The Federal Energy Regulatory Commission (FERC) took action today to expand the availability of wind resources in the Southwest Power Pool, Inc. (SPP) region by approving a wind transmission cost allocation proposal designed to reduce barriers to integrating wind power into the region. Today’s action updates SPP’s open access transmission tariff by making more of
- [American Clean Energy and Security Act](https://sbaustinlaw.com/american-clean-energy-and-security-act/) - The American Clean Energy and Security Act of 2009 (H.R. 2454) includes a cap-and-trade system requiring companies to buy carbon emissions permits from the federal government, and it sets targets to reduce greenhouse gas emissions by 17 percent in 2020, by 42 percent in 2030, and by 83 percent in 2050. The bill is designed to
- [Legislature Adopts E-911 Fee for Prepaid Wireless Service](https://sbaustinlaw.com/legislature-adopts-e-911-fee-for-prepaid-wireless-service/) - The legislature passed H. B. 1831 which adopts a 2% E-911 fee, collected by the retailer, on the retail purchase price of prepaid wireless telecommunications services. "Prepaid wireless telecommunications services" include prepaid cell phones sold at retail stores. The Comptroller is currently in litigation with multiple providers of prepaid wireless telecommunications services; in the litigation
- [New Law Would Alter the Taxation of Smokeless Tobacco Products](https://sbaustinlaw.com/new-law-would-alter-the-taxation-of-smokeless-tobacco-products/) - H. B. 2154 was passed during the final week of the 2009 legislative session and is currently awaiting the Governor's signature. The Governor is expected to sign the bill. The primary purpose of the bill relates to the physician education loan repayment program, but a portion of the bill alters the way smokeless tobacco products
- [New Law Would Expand Franchise Tax Exemption](https://sbaustinlaw.com/new-law-would-expand-franchise-tax-exemption/) - H. B. 4765 was passed during the final week of the 2009 legislative session and is currently awaiting the Governor's signature. The Governor is expected to sign the bill. If signed, the bill would expand the full exemption currently granted to all taxable entities with less than $300,000 in Total Revenue during the report period
- [Texas Legislature Clarifies Tax Abatement Statute for Wind Energy Projects](https://sbaustinlaw.com/texas-legislature-clarifies-tax-abatement-statute-for-wind-energy-projects/) - The Texas legslature passed H.B. 3676 toward the very end of the 2009 legislative session. The bill amends provisions in the Texas Tax Code regarding tax abatements for certain types of equipment used in renewable energy projects. Uncertainty regarding the prior version of the statute arose under Texas Attorney General's Opinion GA-0600 published on January 29,
- [Competitive Renewable Energy Zones Update: Oncor Contracts with Snyder-based Weaver Construction to Perform Substation Site Preparation](https://sbaustinlaw.com/competitive-renewable-energy-zones-update-oncor-contracts-with-snyder-based-weaver-construction-to-perform-substation-site-preparation/) - June 2, 2009 Press Release -- Oncor will finalize a multi-million dollar contract this month with Snyder, Texas-based Weaver Construction to perform substation site grading services for Oncor’s Competitive Renewable Energy Zones (CREZ) projects. These substations will help energy generated locally from clean, renewable wind travel over 850 miles of new Oncor wires to reach Texas
- [Nevada Extends Tax Credits for Renewables and Increases RPS](https://sbaustinlaw.com/nevada-extends-tax-credits-for-renewables-and-increases-rps/) - The Nevada legislature passed two new bills that benefit solar energy. These bills have now been signed into law by the Nevada Governor. SB 358 adds to renewable eneregy goals for the state; more specifically, SB 358 mandates that Nevada's investor-owned utility source at least 25% of its energy from renewable energy projects by the year 2025; the prior requirement was 20% by the year 2015. SB
- [Texas Legislative Session Ends; Special Session Expected](https://sbaustinlaw.com/texas-legislative-session-ends-special-session-expected/) - The 2009 Texas legislative session ended yesterday without passing key legislation to keep five Texas agencies in place long term -- including the Texas Department of Insurance and the Texas Department of Transportation. The Texas Senate failed to vote on pending house bills that would have kept these agencies alive, but the Senate blamed the Texas
- [Texas remains energy resource giant even in new era](https://sbaustinlaw.com/texas-remains-energy-resource-giant-even-in-new-era/) - Texas was built on competition and innovative industry. Nowhere is that more evident than in the energy industry, according to industry officials. “We have as many natural resources as any state and in addition we are much more advanced in planning for transmission upgrades as opposed to other states,” said Stephen Wiley, president of GreenHunter
- [County expedites Gamesa wind farm proposal](https://sbaustinlaw.com/county-expedites-gamesa-wind-farm-proposal/) - Gamesa Energy asked Young County to expedite its proposal to put a wind farm in the county, with a representative saying getting a tax abatement in place quickly could greatly benefit the school districts. Colin Kelly with Gamesa told commissioners the Texas Legislature was considering a bill that would cap the amount of revenue school
- [Kansas Governor signs legislation with Renewable Energy Standard](https://sbaustinlaw.com/kansas-governor-signs-legislation-imposing-renewable-energy-standard/) - The Kansas Governor signed signed legislation last week codifying the goal of major Kansas utilities generating 10% of their power from renewable energy sources by 2011, 15% by 2016, and 20% by 2020. The new legislation also enacts new net metering rules to help encourage small wind projects. Press Release from Kansas Governor. Copy of Statute.
- [Clarification of Deductibility of Sales Commissions for Franchise Tax](https://sbaustinlaw.com/clarification-of-deductibility-of-sales-commissions-for-franchise-tax/) - In the March Tax Policy News, the Comptroller clarified that under Tax Code section 171.1011(l)(A) any sales commission paid to nonemployees, including to corporations, may be excluded from revenue if the payment was a sales commission related to work for which a real estate brokerage license is required under the Occupations Code. Sales commissions other
- [Analysis of Potential Impacts of CO2 Emissions Limits on Electric Power Costs in the ERCOT Region](https://sbaustinlaw.com/analysis-of-potential-impacts-of-co2-emissions-limits-on-electric-power-costs-in-the-ercot-region/) - The Electric Reliability Council of Texas (ERCOT) was requested by Public Utility Commission of Texas (PUCT) leadership to conduct an “analysis of the likely effects of proposed climate change legislation on electricity prices in the ERCOT market.” Consistent with a similar study conducted by the PJM Interconnection, ERCOT focused on the near-term impacts of this
- [DOE Selects 53 New Projects Focused on Wind Energy for up to $8.5 Million ](https://sbaustinlaw.com/doe-selects-53-new-projects-focused-on-wind-energy-for-up-to-85-million/) - U.S. Department of Energy (DOE) Secretary Steven Chu today announced selection of 53 new wind energy projects for up to $8.5 million in total DOE funding. These projects will help begin to address market and deployment challenges identified in DOE’s 2008 report: “20% Wind Energy by 2030.” Increasing wind energy generation will be a critical
- [Kansas legislature passes renewable, coal power bill](https://sbaustinlaw.com/kansas-legislature-passes-renewable-coal-power-bill/) - Kansas passed a bill on Friday, May 8, 2009 which contains provisions allowing construction of a new coal fired power plant and promoting renewable energy. The bill was the result of a compromise to meet renewable energy goals and, at the same time, allow the new coal plant. With a new governor in place, the bill is expected to be signed into law
- [Holmes Murphy Opens Warranty Program](https://sbaustinlaw.com/holmes-murphy-opens-warranty-program/) - Holmes Murphy's renewable energy division has developed an insurance-backed extended warranty solution that gives financial institutions, equity partners and purchasers new opportunities for their grey market wind turbines. The new initiative gives those who have invested in a wind farm the opportunity to sell the wind turbines at a fair price or refinance them to
- [Texas maintains strong lead in wind energy](https://sbaustinlaw.com/texas-maintains-strong-lead-in-wind-energy/) - Two more states have joined the “gigawatt club,” according to the first-quarter report from the American Wind Energy Association — but Texas remains firmly in the lead. The list is comprised of states with more than a gigawatt of wind-power generating capacity. Kansas and New York are the newest members of the gigawatt club, at
- [Senator Calls For Streamlining Approval Of Wind Projects In S.D. ](https://sbaustinlaw.com/senator-calls-for-streamlining-approval-of-wind-projects-in-sd/) - Sen. John Thune, R-S.D., sent a letter to Western Area Power Administration (WAPA) Administrator Timothy Meeks urging the development of a wind power permitting process that does not unduly burden wind developers and landowners, while at the same time, accounting for wildlife habitat preservation issues. "South Dakota has the potential to provide much of the
- [GOVERNOR CULVER TO SIGN TWO BILLS PROMOTING WIND ENERGY  ](https://sbaustinlaw.com/governor-culver-to-sign-two-bills-promoting-wind-energy/) - Coming just after President Obama’s visit to Iowa where he touted Iowa’s leadership in wind energy production, Governor Chet Culver will sign two bills to expand Iowa’s wind energy industry. Senate File 456 utilizes unused tax credits to promote small wind energy projects across the state. House File 817 provides economic incentives for wind component
- [Gone With The Wind](https://sbaustinlaw.com/gone-with-the-wind/) - The Gillespie County Commissioners have decided not to pursue local wind farm regulation and will not hold a public meeting on the matter, according to County Judge Mark Stroeher. State Senator Troy Fraser filed legislation last month to allow the county commissioners to restrict wind farm construction and said his office immediately began receiving complaints
- [General Growth files historic real estate bankruptcy](https://sbaustinlaw.com/general-growth-files-historic-real-estate-bankruptcy/) - General Growth Properties Inc filed bankruptcy today; the filing is seen as the biggest real estate failure in U.S. history. General Growth is the second largest U.S. mall owner. Read More Here
- [FERC Approves Green Power Express Incentives For Transmission](https://sbaustinlaw.com/ferc-approves-green-power-express-incentives-for-transmission/) - The Federal Energy Regulatory Commission (FERC) approved Green Power Express' request for favorable transmission investment incentives. The FERC decision is expected to facilitate construction of additional transmission lines from the U.S. Midwest wind energy production areas to the East Cost load region; and the lines may provide capacity for as much as 12,000 new megawatts of wind energy production. WSJ Link or Read More Here.
- [ERCOT REC Program Most Active In U.S. ](https://sbaustinlaw.com/ercot-rec-program-most-active-in-us/) - The Electric Reliability Council of Texas (ERCOT), the grid operator for most of the state, issued more than 13 million renewable energy certificates (RECs) in 2008, including a record increase in voluntary participation to support environmental initiatives. The state's 135 competitive retail electricity providers retired 6.74 million RECs in order to satisfy the annual mandate
- [E.ON Climate & Renewables Surpasses 1,000 MW Threshold ](https://sbaustinlaw.com/eon-climate-renewables-surpasses-1000-mw-threshold/) - E.ON Climate & Renewables (EC&R) has crossed the 1,000 MW threshold for owning and operating wind farms in the U.S. "Despite these economic times, EC&R remains on schedule to deliver some of the industry's most efficient wind energy projects," says Declan Flanagan, CEO of EC&R North America. "Surpassing the 1,000 MW threshold is proof that
- [Federal agencies sign agreement to accelerate renewable energy projects offshore](https://sbaustinlaw.com/federal-agencies-sign-agreement-to-accelerate-renewable-energy-projects-offshore/) - U.S. Secretary of the Interior Ken Salazar and FERC Chairman Jon Wellinghoff recently clarified their agencies' respective roles for renewable energy development on the U.S. Outer Continental Shelf. They hope to create a more efficient procedure for the development of wind, solar, and hydrokinetic energy projects. Hydrokinetic energy involves using the movement of waves, tides, and ocean currents to generate electricity. Read More Here
- [Capacity Market in ERCOT Needed for New Baseload Growth](https://sbaustinlaw.com/capacity-market-in-ercot-needed-for-new-baseload-growth/) - Perhaps the biggest mistake Texas power players are making during the current financial crisis is not implementing a capacity market to spur investment in new baseload projects, a group of panelists told a Gulf Coast Power Association conference Thursday in Houston. A substantial growth in wind generation in Texas has left a need for new
- [Comptroller Announces Policies Affecting Franchise Tax Reporting by Federal Disregarded Entities](https://sbaustinlaw.com/comptroller-announces-policies-affecting-franchise-tax-reporting-by-federal-disregarded-entities/) - In her February Tax Policy News, the Comptroller clarified that when an entity that is disregarded for federal income tax purposes is part of a franchise tax combined group, the repoting entity may to treat the entity as disregarded and not unwind its operations from its parent entity. If the entity is treated as disregarded,
- [Helicopter Used for Predator Control Not Exempt from Sales Tax as Agricultural Equipment](https://sbaustinlaw.com/helicopter-used-for-predator-control-not-exempt-from-sales-tax-as-agricultural-equipment/) - In Hearing No. 48,076, the ALJ ruled that a helicopter purchased by a ranching operation for cattle gathering, aerial depredating animals, and predator control was not an exempt agricultural purchase. Under the agricultural exemption, the equipment purchased must be used exclusively on a farm or ranch in the production of food or agricultiral products. Under
- [Cathy Zoi Appointed Assistant Secretary for Energy Efficiency and Renewable Energy at DOE ](https://sbaustinlaw.com/cathy-zoi-appointed-assistant-secretary-for-energy-efficiency-and-renewable-energy-at-doe/) - President Barack Obama is nominating Cathy Zoi for the position of Assistant Secretary for Energy Efficiency and Renewable Energy at the Department of Energy (DOE). Read More Here
- [Kansas Legislature Passes Bill on Renewable Energy](https://sbaustinlaw.com/kansas-legislature-passes-bill-on-renewable-energy/) - The Kansas legislature passed a bill giving the State the ability to issue as much $5 million in bonds to attract manufacturers of solar and wind energy equipment. Read More Here
- [Wind Energy Advocates To Meet At Texas Capitol](https://sbaustinlaw.com/wind-energy-advocates-to-meet-at-texas-capitol/) - Members of The Wind Coalition, a 35-member organization of wind producers, wind manufacturers and environmental advocates, will visit with lawmakers at the Texas State Capitol on March 25, which has been declared Wind Energy Day by Gov. Rick Perry, R-Texas. "The wind industry is vital to producing paychecks and jobs, and its expansion in Texas
- [Property Rights Concerns Raised](https://sbaustinlaw.com/property-rights-concerns-raised/) - Concerned about the possible effects of proposed wind power legislation on their property rights, some Fredericksburg area landowners have voiced opposition to a bill by State Senator Troy Fraser that would allow the Gillespie County Commissioners’ Court to restrict wind farm construction. “Once the bill was filed, the phones started lighting up.” Fraser said. “We
- [Texas Comptroller Addresses Stimulus Funds](https://sbaustinlaw.com/texas-comptroller-addresses-stimulus-funds/) - The Texas Comptroller added a page to her website tracking Texas' use of federal stimulus funds. The page can be found at: http://window.state.tx.us/recovery.
- [ITC Great Plains Receives Rate, Incentive Approvals](https://sbaustinlaw.com/itc-great-plains-receives-rate-incentive-approvals/) - The Federal Energy Regulatory Commission (FERC) has approved a rate for ITC Great Plains transmission facilities in Kansas and elsewhere in the Southwest Power Pool Inc. (SPP) region. FERC acknowledged the benefits of independent transmission companies like ITC Great Plains and approved rate incentives to help expedite investment in Kansas' high-voltage electricity grid. Read More
- [Interior, FERC end feud on offshore renewable projects ](https://sbaustinlaw.com/interior-ferc-end-feud-on-offshore-renewable-projects/) - The Interior Department and the Federal Energy Regulatory Commission agreed to work together to settle a longstanding conflict over which agency oversees offshore alternative energy, the Interior Department announced today. I'm proud to let you know this morning that late last night we signed a memorandum of understanding between the Department of Interior and FERC
- [Idaho PUC Will Reconsider REC Issue](https://sbaustinlaw.com/idaho-puc-will-reconsider-rec-issue/) - The Idaho Public Utilities Commission (PUC) will reconsider a Jan. 26 order that granted Idaho Power Co.'s request to hold onto its renewable energy certificates (RECs) rather than sell them on the open market or to other utilities. It will take written comments from the parties in the case through March 30 and will conduct
- [Texas Oilmen Turn to Renewable Energy](https://sbaustinlaw.com/texas-oilmen-turn-to-renewable-energy/) - With mounting national interest in renewable energy, oil companies are starting to think in renewable terms. President Obama's $800 billion economic stimulus, which contains incentives for renewable projects, has helped push the swing. The most visible example of the shift has been T. Boone Pickens, the iconic Texas oil tycoon who has been promoting his
- [Salazar pushes for wind energy](https://sbaustinlaw.com/salazar-pushes-for-wind-energy/) - Interior Secretary Ken Salazar said Monday that the waters off the Atlantic coast hold some of the country's greatest wind energy potential, and he promised to move aggressively to develop plans to exploit the resource. In an interview with The Associated Press, Salazar called for the creation of "renewable energy zones" to smooth development of
- [Dallas Fed's Beige Book - Modest Improvements in Texas Real Estate](https://sbaustinlaw.com/dallas-feds-beige-book-modest-improvements-in-texas-real-estate/) - The Dallas Fed released its Beige Book on March 4, 2009. Exerpts on Housing and Commercial Real Estate show some modest improvement since the last report. "Housing conditions in the Eleventh District remain weak, but there were scattered signs of improvement since the last survey. After a "horrible" fourth quarter wrought with cancellations and a lack of sales, homebuilders reported buyer
- [Oklahoma Legislation Pending for Wind Energy](https://sbaustinlaw.com/oklahoma-legislation-pending-for-wind-energy/) - The Oklahoma House of Represenatives recently advanced a bill that would provide incentives to attact wind energy industry participants to the State. House Bill 1953, by House Speaker Chris Benge, would make companies that support, repair and maintain service activities for wind industry energy companies eligible for the state’s Quality Jobs Act. This legislation would seek to attract companies
- [Wind farm proposed for Texas City ](https://sbaustinlaw.com/wind-farm-proposed-for-texas-city/) - City commissioners on Wednesday approved a resolution supporting a study by Duke Energy of the feasibility of building a windmill farm at the site of the county water reservoir at state Highway 146 near Attwater Road in north Texas City. The cost of the project is estimated at more than $200 million, with royalties from
- [Bill filed in Texas Senate Would Exclude Tenant Pass-Through Payments from a Landlord's Total Revenue](https://sbaustinlaw.com/bill-filed-in-texas-senate-would-exclude-tenant-pass-through-payments-from-a-landlords-total-revenue/) - Under current franchise tax law, 100% of the payments that a landlord receives from a tenant, including so-called "pass-through expenses" or "triple-net expenses," which are tenants' reimbursements of the landlord's operating expenses, are included in the landlord's Total Revenue for calculating Texas franchise tax owed. Tenant pass-through expenses typically include real property taxes, insurance costs,
- [Texas Comptroller Postpones Implementation of Passive Entity Policy](https://sbaustinlaw.com/texas-comptroller-postpones-implementation-of-passive-entity-policy/) - In her January 2009 Tax Policy News, the Texas Comptroller announced that she will delay implementing a policy that would have prevented rental income that flowed from one taxable entity (the landlord) to an investor in the landlord entity to be treated as passive revenue by the investor. The policy would have made it more
- [COST Releases 2009 Business Tax Burden Study](https://sbaustinlaw.com/cost-releases-2009-business-tax-burden-study/) - The Council on State Taxation (COST) released its annual study on the effect of state and local business taxes in all fifty states. You can find a link to the study on COST's website: http://www.cost.org.
- [Texas Comptroller January 2009 Tax Policy News Posted](https://sbaustinlaw.com/texas-comptroller-january-2009-tax-policy-news-posted/) - The Texas Comptroller's January 2009 Tax Policy News was posted last month. The newsletter announced that amendments to eight of the fifteen franchise tax rules for the margin calculation were amended. You can read the entire newsletter at this website: http://www.cpa.state.tx.us/taxinfo/taxpnw/tpn2009/tpn901.html#issue7.
- [Wind Turbines, Batteries Included](https://sbaustinlaw.com/wind-turbines-batteries-included/) - Wind power is the world’s most developed renewable energy source after hydroelectric dams, but it has one big problem — wind doesn’t blow at the same speed all the time, making variable output from wind turbines hard to integrate into the electricity grid. Japan Steel Works is aiming to ease that problem by building wind
- [Southwest Power Pool Transmission Expansion Plan Approved ](https://sbaustinlaw.com/southwest-power-pool-transmission-expansion-plan-approved/) - The board of directors for the Southwest Power Pool Inc. (SPP) has approved the 2008 SPP Transmission Expansion Plan (STEP), which includes recommendations for improving the electric grid of an eight-state region. The 2008 STEP evaluates what changes are needed to keep the power system reliable and efficient over a 10-year period. It identifies approximately
- [Board Approves Nodal Budget](https://sbaustinlaw.com/board-approves-nodal-budget/) - The board of directors of the Electric Reliability Council of Texas (ERCOT), grid operator for most of the state, approved a budget that is not to exceed $658.7 million for the nodal market redesign and expanded the schedule with a go-live date of December 2010. CEO Bob Kahn expressed his confidence in the new schedule
- [EPA May Regulate Carbon Dioxide](https://sbaustinlaw.com/epa-may-regulate-carbon-dioxide/) - The U.S. Environmental Protection Agency may soon begin regulating the production/release of carbon dioxide. Such a move has been anticipated since the 2007 U.S. Supreme Court decision in Massachusetts v. EPA. If the EPA elects to promulgate rules regarding the emission of carbon dioxide, such a development could have a significant impact on how utility companies go about generating electricity. Read More Here Text of Massachusetts vs.
- [Renewable Energy Report on U.S. Power Grid](https://sbaustinlaw.com/renewable-energy-report-on-us-power-grid/) - On February 18, 2009 the American Wind Energy Association (AWEA) and Solar Energy Industries Association (SEIA) released a report regarding the U.S. electric transmission infrastructure; the paper details current inadequacies in the U.S. electric grid system and offers policy solutions. Text of White Paper.
- [Stimulus Bill - Specific Provisions for Renewable Energy](https://sbaustinlaw.com/stimulus-bill-specific-provisions-for-renewable-energy/) - The 2009 Stimulus Bill just passed by Congress provides important benefits to the Renewable Energy Industry. The bill includes an extension of the current Production Tax Credit (PTC) to December 31, 2012 for wind energy projects and to December 31, 2013 for geothermal, biomass, hyrdopower and certain other renewable energy projects. The stimulus package also allows certain renewable energy projects to take a 30%
- [Wind Energy PTC and ITC Trade-Offs](https://sbaustinlaw.com/advantage-for-analystsr-analyzes-wind-energy-ptc-and-itc-trade-offs/) - New laws will soon offer the wind energy industry the option to choose an Investment Tax Credit (ITC) instead of a Production Tax Credit (PTC). Understanding the economic impact of these options involves complex modeling and analysis of tax code effects. Advantage for Analysts® ("Advantage"), the leading provider of financial modeling solutions for tax equity
- [ITC plans world's largest transmission system](https://sbaustinlaw.com/itc-plans-worlds-largest-transmission-system/) - ITC Holdings Corp. said it wants to build the world’s largest renewable-energy transmission system, a $12 billion project to bring electricity from wind farms in the Dakotas to Chicago. The Michigan power transmission company’s proposal, known as the Green Power Express, calls for about 3,000 miles of new lines that could move 12,000 megawatts of
- [Bingaman Pushes Grant Plan for Renewable Energy](https://sbaustinlaw.com/bingaman-pushes-grant-plan-for-renewable-energy/) - Chairman of the Senate Committee on Energy and Natural Resources Jeff Bingaman (D-N.M) is urging Congress to include a new incentive program for renewable energy in the economic recovery package. The plan would stimulate renewable energy production by offering an alternative to tax equity financing, while ensuring protection for taxpayers. Read More
- [Martifer To Build Wind Tower Factory In Texas ](https://sbaustinlaw.com/martifer-to-build-wind-tower-factory-in-texas/) - Martifer Energy Systems, a subsidiary of Martifer Group - a Portuguese company involved with metal construction, energy systems, agriculture and biofuel - will construct a wind tower factory in San Angelo, Texas. This is the second wind tower factory that Martifer has constructed in four years, and it represents a total investment of approximately $40
- [Current Renewable Energy Provisions in Stimulus Bill](https://sbaustinlaw.com/current-renewable-energy-provisions-in-stimulus-bill/) - The Senate is continuing its work on the stimulus package recently passed by the House of Representatives. Both the Senate and the House agree on many of the renewable energy components of the proposed legislation, but several differences remain. For more details on the specific provisions in the pending bill, Click Here.
- [President Obama Reiterates Goal to Double Alternative Energy](https://sbaustinlaw.com/president-obama-reiterates-goal-to-double-alternative-energy/) - In the Op-Ed section of today's Washington Post, President Obama repeated his goal of doubling the United States' alternative energy capacity within three years. The President penned the article himself in a plea to Congress that it pass the pending stimulus bill quickly. Read More
- [SPP Board Endorses Transmission Planning Process ](https://sbaustinlaw.com/spp-board-endorses-transmission-planning-process/) - A synergistic planning project was recently endorsed by the Southwest Power Pool Inc. (SPP) board of directors. The project is designed to address gaps and conflicts between SPP's transmission planning processes and help position the organization to respond to the Obama administration's focus on improving the electric infrastructure of the U.S. "Historically, system planning and
- [Comptroller Withdraws FAQ Concerning Passive Entities](https://sbaustinlaw.com/comptroller-withdraws-faq-concerning-passive-entities/) - Franchise Tax FAQ number 12 under "Passive Entities" on the Comptroller's website would have required that taxpayers treat rental income distributed from one taxpayer to a second taxpayer as rental income of the second taxpayer for purposes of determining whether the second taxpayer qualified as a passive entity. The Comptroller has removed FAQ number 12
- [Obama faces choice on Cape Cod wind farm](https://sbaustinlaw.com/obama-faces-choice-on-cape-cod-wind-farm/) - WASHINGTON - President Barack Obama's enthusiasm for alternative energy is being buffeted by two political forces on opposite sides of plans to build the nation's first offshore wind farm off Cape Cod. A leading foe of the $1 billion project is Sen. Edward Kennedy, D-Mass., an early and influential backer of Obama's presidential bid. A
- [House Panel Passes Renewable Tax Fix, But Senate Balks](https://sbaustinlaw.com/house-panel-passes-renewable-tax-fix-but-senate-balks/) - Economic stimulus legislation approved by the House Ways and Means Committee last week includes language that would allow renewable energy developers to convert tax credits into cash via a proposed new Energy Department grant program. However, the legislation, which the ailing wind and solar industries say is vital to their ability to attract investment, faces
- [Wind Energy Obstacles and Potential](https://sbaustinlaw.com/wind-energy-obstacles-and-potential/) - Implications: In order to meet the U.S. Department of Energy (DOE) target, projecting that wind power could provide 20% of U.S. electricity by 2030, wind turbine installations would have to increase to 7,000 per year by 2017. (To put that in perspective, just 3,100 wind turbines were installed in all of 2007.) With the downturn
- [Kansas Governor Kathleen Sebelius Proposes Comprehensive Energy Plan](https://sbaustinlaw.com/kansas-governor-kathleen-sebelius-proposes-comprehensive-energy-plan/) - Kansas Governor Kathleen Sebelius recently proposed a comprehenstive energy plan for the State of Kansas. Her plan focuses on three priorities: promoting the generation of clean, renewable energy; energy efficiency efforts in state buildings; and creating jobs and attracting businesses in the new green economy. The plan includes a goal of expanding Kansas' wind energy from 1,000 megawatts to 10,000 megawatts. Governor's Column
- [Cabinet pick says wind energy hinges on power line issue](https://sbaustinlaw.com/cabinet-pick-says-wind-energy-hinges-on-power-line-issue/) - Washington, D.C. — Steven Chu, the Nobel laureate selected to be the next energy secretary, says the lack of high-voltage transmission lines is "by far and away the biggest obstacle" to expanding the use of wind power. But he disagrees with taking authority away from states to decide where lines should go. Some advocates of
- [RWE to partner with Essent in $12.4 Billion Deal -- Renewable Energy Synergies Expected ](https://sbaustinlaw.com/rwe-to-partner-with-essent-in-124-billion-deal-renewable-energy-synergies-expected/) - German utility RWE AG announced today it will enter into a partnership with Dutch utility Essent N.V. in a deal valued at 9.3 billion euros (12.4 billion dollars). The transaction is expected to complement RWE's efforts to grow it's renewable energy capacity to 4,500 MW by 2012. RWE Press Release; Bloomberg Article
- [Wind Energy Market at Forefront of Renewable Energy Initiatives](https://sbaustinlaw.com/wind-energy-market-at-forefront-of-renewable-energy-initiatives/) - Harnessing America's renewable energy sources is a priority on President-elect Barack Obama's political agenda, and American businesses and consumers are poised to follow his lead to make the U.S. a greener, more energy responsible nation. During a campaign speech, Obama declared his intentions to wean American off its dependence on Middle Eastern oil by investing
- [FPL Energy to be renamed NextEra Energy Resources](https://sbaustinlaw.com/fpl-energy-to-be-renamed-nextera-energy-resources/) - JUNO BEACH, Fla. - Power-plant operator FPL Group says it will rename its subsidiary FPL Energy as NextEra Energy Resources to reflect its market focus. The company says the name change also is meant to evoke NextEra's clean energy mission. NextEra will remain a unit of FPL Group. It has power generation facilities in 25
- [Texas Comptroller’s November 2008 Tax Policy News Available On-Line](https://sbaustinlaw.com/texas-comptrollers-november-2008-tax-policy-news-available-on-line/) - The Comptroller has posted her October Tax Policy News e-newsletter on her website. The link to the Tax Policy News is http://www.cpa.state.tx.us/taxinfo/taxpnw/tpn2008/tpn811.html. In the newsletter, the Comptroller notifies taxpayers that the instructions for 2009 Franchise Tax Reports have been released and are available on-line. The Comptroller has also released a new publication to assist ready-mix
- [Real Estate Developers Seek Federal Bailout Funds](https://sbaustinlaw.com/real-estate-developers-seek-federal-bailout-funds/) - As commerical real estate and development loans come due, more and more commerical propety owners are worried about their ability to refinance these loans in the current lending environment. Commercial real estate borrowers and lobbyists have begun to approach Treasury Secretary Paulson and the Bush Administration about being included in some of the recent federal loan programs. Without federal help
- [Obama Furthers Renewable Energy Focus with Browner Appointment](https://sbaustinlaw.com/obama-furthers-renewable-energy-focus-with-browner-appointment/) - President-elect Obama has appointed Carol Browner as his assistant on energy and climate change. Browner previously served as Environmental Protection Agency Director. The creation of this new position for Browner further confirms Obama's commitment to a focus on alternative energy goals. Read Phoenix Business Journal Story Here
- [Leading Real Estate Indicator Hits Record Low -- Opportunity for Developers?](https://sbaustinlaw.com/leading-real-estate-indicator-hits-record-low/) - The Architecture Billing Index has now dropped in each of the last 10 months, indicating that construction and development of new real estate projects will remain at reduced levels in 2009. The most recent figures set a new record low. While this data confirms that real estate construction remains constrained, the lack of work for contractors may allow developers to obtain more competitive
- [New U.S. Energy Secretary to Favor Renewable Energy Goals](https://sbaustinlaw.com/new-us-energy-secretary-will-advance-renewable-energy/) - President-elect Barack Obama recently appointed Steven Chu as the new Secretary of Energy. Chu, consistent with Obama's prior positions, is expected to help further renewable energy development efforts. Read Reuters Story Here
- [Texas Wind Farms Bring Free Energy and Cash Bonuses ](https://sbaustinlaw.com/texas-wind-farms-bring-free-energy-and-cash-bonuses/) - A power producer typically gets paid for the power it generates. In Texas, some wind energy generators are paying to have someone take power off their hands. Because of intense competition, the way wind tax credits work, the location of the wind farms and the fact that the wind often blows at night, wind farms
- [European Union Increases Binding Renewable Energy Targets](https://sbaustinlaw.com/european-union-increases-binding-renewable-energy-targets/) - “Today tomorrow changed. The European Parliament and the Council have agreed the world’s most important energy law” said Christian Kjaer, EWEA Chief Executive. The European Parliament and its 27 EU Member States reached an agreement this morning requiring more than one-third of the EU’s electricity to come from renewable energy sources by 2020; this is an increase from from 15% in
- [AEP eyeing ‘transmission superhighway’ for wind energy](https://sbaustinlaw.com/aep-eyeing-transmission-superhighway-for-wind-energy/) - American Electric Power Company Inc. said Tuesday it is considering a multibillion-dollar project aimed at harnessing wind energy through a “transmission superhighway.” The Columbus-based utility said it is in the conceptual phase of the proposal, which would require construction of more than 1,000 new miles of transmission lines and cost between $5 billion and $10
- [Obama Will Seek Aggressive Early Cap On Climate Pollution](https://sbaustinlaw.com/obama-will-seek-aggressive-early-cap-on-climate-pollution/) - From The Energy Daily (Free Access) Staking out an aggressive position on a key issue in the global warming debate, President-elect Barack Obama called Tuesday for returning U.S. greenhouse gas emissions to 1990 levels by 2020—a reduction of 20 to 30 percent, according to federal estimates of likely emissions growth over the next dozen years—and
- [Inverse Condemnation Claim Rejected](https://sbaustinlaw.com/inverse-condemnation-claim-rejected/) - The Northern District of Texas ruled that the trial court did not have subject matter jurisdiction over an inverse condemnation claim where the developer did not obtain a final determination from the City as to the kind of drainage system that would be required as a condition of approval of its planned development. City of Dallas v.
- [Spain Sets New Record - 43% of Electricity Demand Met by Wind Energy](https://sbaustinlaw.com/spain-sets-new-record-43-of-electricity-demand-met-by-wind-energy/) - On November 24, Spain reached a new record for the portion of its electricity needs that was generated by wind energy -- 43%. Spain has become a leading example worldwide of how a country can provide large portions of its electricity from wind power. Read La Asociacion Empresarial Eolica Article Here. The University of
- [Commercial Real Estate Rents Decline in Major Urban Centers](https://sbaustinlaw.com/commercial-real-estate-rents-decline-in-major-urban-centers/) - The rents for commercial real estate office properties in major urban centers have declined recently. Cities like Tokyo, New York and London have begun to experience a fall in such rents for the first time since 2002. Read Bloomberg Story Here
- [Washington State Supreme Ct. Decision on Wind Power Turbine Permits](https://sbaustinlaw.com/washington-state-supreme-ct-decision-on-wind-power-turbine-permits/) - The Washington State Supreme Court issued a decision on November 20 supporting statewide laws on wind energy turbine siting. The Court held that state laws on turbine site permits preempted local/county land use and zoning rules regarding turbine siting. Residents Opposed to Kittitas Turbines v. State Energy Facility Site Evaluation Council, No. 81332-9 and No. 81427-9 (Nov. 20, 2008). Case
- [Tight credit woes hit commercial real estate](https://sbaustinlaw.com/tight-credit-woes-hit-commercial-real-estate/) - The value of commercial mortgage-backed securities has tumbled. Commercial property prices will drop. Read Article Here.
- [Texas Comptroller's October 2008 Tax Policy News Available On-Line](https://sbaustinlaw.com/texas-comptrollers-october-2008-tax-policy-news-available-on-line/) - The Comptroller has posted her October Tax Policy News e-newsletter on her website. The link to the Tax Policy News is http://www.cpa.state.tx.us/taxinfo/taxpnw/tpn2008/tpn810.html. In the newsletter, among other things, the Comptroller notes that the administrative rule concerning the temporary margin tax credit (Rule 3.595) will be amended to require the credit to be applied for a
- [Commercial Real Estate Loan Problems Increasing](https://sbaustinlaw.com/commercial-real-estate-loan-problems-increasing/) - Nonperforming commercial real estate loans are increasing. Some lenders are starting to become more concerned about these types of loans. Read Article Here.
- [Buyers' Dilemma -- Whether to Buy Now or Wait](https://sbaustinlaw.com/buyers-dilemma-whether-to-buy-now-or-wait/) - Prospective home buyers have seen prices fall dramatically in the last year. With possible deflation on the horizon, some buyers wonder whether it makes sense to put off home purchases until prices fall further. See article by Marty Kramer at http://www.texasrealestate.com/web/2/21/index.cfm
- [Wal-Mart to buy Wind Power in Texas.](https://sbaustinlaw.com/wal-mart-to-buy-wind-power-in-texas/) - Wal-Mart and Duke Energy have struck a deal for Wal-Mart to buy the renewable energy generated by Duke's Texas wind farm. The wind energy will help meet the electricity needs of Wal-Mart's Texas stores. Read the Business Journal story here. Read the Statesman Story here.
- [Lack of DIP Financing makes Bankruptcy Reorganization Difficult](https://sbaustinlaw.com/lack-of-dip-financing-makes-bankruptcy-reorganization-difficult/) - Troubled companies are encountering difficulty reorganizing in Chapter 11 business bankruptcies because of the scarcity of Debtor-In-Possession (DIP) Financing. Without DIP Financing, many companies filing bankruptcy in the current down-cycle are being forced to liquidate rather than reorganize. http://www.cnbc.com/id/27800248
- [American Wind Energy Association Appoints New CEO](https://sbaustinlaw.com/american-wind-energy-association-appoints-new-ceo/) - The American Wind Energy Association (AWEA) has announced the appointment of its new CEO, Denise Bode. Bode succeeds Randall Swisher who recently retired after working with AWEA for 19 years. http://www.awea.org/newsroom/releases/AWEA_CEO_14Nov08.html
- [XCEL Uses Bus Size Batteries to Store Wind Power](https://sbaustinlaw.com/xcel-uses-bus-size-batteries/) - Xcel Energy is experimenting with gigantic batteries as a way to solve one of wind power's most vexing problems. Read article here.
- [Homes/Other Assets Easier to Keep in Texas Bankruptcy](https://sbaustinlaw.com/homesother-assets-easier-to-keep-in-texas-bankruptcy/) - Texas is beginning to see an increasing number of homeowners take advantage of favorable Texas homestead and bankruptcy laws. http://www.bloomberg.com/apps/news?pid=20601109&sid=aI99ZTfd5KEo&refer=home
- [Babcock & Brown Sale of Wind Assets](https://sbaustinlaw.com/babcock-brown-sale-of-wind-assets/) - Babcock & Brown announced the sale of windfarm assets to Magnum Capital for $1.46 billion. http://www.redherring.com/Home/25505
- [Vattenfall and ScottishPower Renewables to Jointly Develop Offshore Wind](https://sbaustinlaw.com/vattefall-and-scottishpower-renewables-to-jointly-develop-offshore-wind/) - Vattenfall and ScottishPower Renewables have announced plans to jointly develop offshore wind energy facilities in the United Kingdom. http://greentech.co.uk/vattenfall-and-scottishpower-renewables-join-forces-267

## Pages

- [Home](https://sbaustinlaw.com/) - Renewable energy attorneys licensed in Texas, New Mexico, Nebraska, and Louisiana, representing developers, landowners, and lenders on wind, solar, and storage.
- [Energy Storage (BESS & CAES)](https://sbaustinlaw.com/areas-of-practice/energy-storage/) - We get it, and have for years. Since 2000, our renewable energy lawyers have efficiently and thoroughly assisted clients in reaching their energy goals.
- [Renewable Energy Law](https://sbaustinlaw.com/areas-of-practice/wind-renewable-energy-law/) - We get it, and have for years. Since 2000, our renewable energy lawyers have efficiently and thoroughly assisted clients in reaching their energy goals – 41 GW to be exact.
- [Attorneys](https://sbaustinlaw.com/attorneys/) - Meet Our AttorneysJenna BurnsJenna Burns joined Stahl, Sewell, Chavarria, Friend & Cohen, LLP in 2023. She has experience in commercial real estate transactions, and in the real estate and….Read more »Lisa ChavarriaLisa Chavarria has been a partner in the firm’s Renewable Energy, Natural Resources and the Environment and Commercial Real Estate practice groups since 2009
- [Lauren Sepulveda](https://sbaustinlaw.com/attorneys/lauren-sepulveda/) - Lauren SepulvedaLauren Sepulveda is a partner at Stahl, Sewell, Chavarria, Friend & Cohen, LLP. She advises developers, investors, and lenders on the real estate, permitting, and regulatory aspects of the development, financing, sale, and acquisition of energy and infrastructure projects. She has advised numerous developers throughout the full life cycle of utility-scale battery energy storage,
- [Areas of Practice](https://sbaustinlaw.com/areas-of-practice/) - Stahl, Sewell, Chavarria, Friend & Cohen, LLP assists clients in the areas of Renewable Energy, Texas Tax, Commercial Real Estate, Natural Resources and the Environment and Corporate Law.
- [Data Centers](https://sbaustinlaw.com/areas-of-practice/data-centers/) - Stahl, Sewell, Chavarria, Friend & Cohen, LLP counsels businesses and individuals with data center development.
- [Lisa Chavarria](https://sbaustinlaw.com/attorneys/lisa-chavarria/) - Lisa Chavarria has been a partner in the firm’s Renewable Energy, Natural Resources and the Environment and Commercial Real Estate practice groups since 2009 and a name partner since 2014.
- [Brent Stahl](https://sbaustinlaw.com/attorneys/brent-stahl/) - Brent Stahl is a partner at the law firm of Stahl, Sewell, Chavarria, Friend & Cohen, LLP where he works on Wind, Solar & Renewable Energy Law, Commercial Real Estate Law, Property Tax Abatement Law, and Corporate Law matters.
- [Texas Property Tax Incentives](https://sbaustinlaw.com/areas-of-practice/texas-property-tax-incentives/) - We represent clients in negotiating property tax incentive agreements for new projects being constructed in Texas. Because Texas is considered a high property tax state, successfully negotiating and obtaining property tax incentive agreements can have a significant impact on a project’s viability and profitability.
- [Texas Tax Litigation and Consulting](https://sbaustinlaw.com/areas-of-practice/texas-tax-litigation/) - Stahl, Sewell, Chavarria, Friend & Cohen, LLP represents clients in tax disputes involving all Texas taxes, including Texas sales tax, Texas franchise tax, insurance gross receipts tax, inheritance tax, cigarette tax, tobacco products tax, mixed beverage tax, hotel occupancy tax, crude oil tax, natural gas tax, telecommunications tax, motor fuel tax, and motor vehicle taxes.
- [Real Estate Law](https://sbaustinlaw.com/areas-of-practice/real-estate-law/) - Stahl, Sewell, Chavarria, Friend & Cohen’s real estate practice is broad in scope. Our Real Estate Law group is recognized for its representation of clients involved in complex purchase and sale transactions, financings, energy projects, leasing and subleasing matters.
- [Corporate Law](https://sbaustinlaw.com/areas-of-practice/corporate-law/) - Stahl, Sewell, Chavarria, Friend & Cohen, LLP counsels businesses and individuals across a range of business areas.
- [Jenna Burns](https://sbaustinlaw.com/attorneys/jenna-burns/) - Jenna joined Stahl, Sewell, Chavarria, Friend & Cohen, LLP in 2023. She has experience in commercial real estate transactions, and in the real estate and regulatory aspects of battery energy storage projects.
- [Kate Dewan Davy](https://sbaustinlaw.com/attorneys/kate-dewan-davy/) - Kate joined the team in 2024. Her practice focuses on commercial real estate transactions and on the real estate aspects of utility-scale solar, wind and battery energy storage projects.
- [Directions](https://sbaustinlaw.com/contact-us/directions/) - Stahl, Sewell, Chavarria, Friend & Cohen, LLP 7320 N. MoPac, Suite 211 Austin, Texas 78731 Phone: 512-346-5558 Fax: 512-346-2712
- [Luis Gomez](https://sbaustinlaw.com/attorneys/luis-gomez/) - David J. Sewell joined Stahl, Sewell, Chavarria, Friend & Cohen, LLP in 1999, became a partner in the firm in 2008, and became a name partner in 2014.
- [Byron Kentor](https://sbaustinlaw.com/attorneys/byron-kentor/) - Byron KentorByron Kentor joined Stahl, Sewell, Chavarria, Friend & Cohen, LLP as Senior Attorney in 2018. He practices in the firm’s Commercial Real Estate, Renewable Energy, and Natural Resources and Environment practice groups. Prior to joining the firm, Byron was Associate General Counsel at SunPower Corporation, a publicly traded global solar company. At SunPower, Byron
- [David Sewell](https://sbaustinlaw.com/attorneys/david-sewell/) - David J. Sewell joined Stahl, Sewell, Chavarria, Friend & Cohen, LLP in 1999, became a partner in the firm in 2008, and became a name partner in 2014.
- [Greg Friend](https://sbaustinlaw.com/attorneys/greg-friend/) - Greg Friend is a partner at Stahl, Sewell, Chavarria, Friend & Cohen, LLP, and participates in the firm’s Renewable Energy, Natural Resources and the Environment, Commercial Real Estate, and Texas Tax matters.
- [Brittany Dadon](https://sbaustinlaw.com/attorneys/brittany-dadon/) - Brittany DadonBrittany May Dadon joined Stahl, Sewell, Chavarria, Friend & Cohen, LLP in 2017. She practices in the firm’s Commercial Real Estate, Energy Storage, Renewable Energy, and Natural Resources and the Environment practice groups. Brittany specializes in the real estate, regulatory and permitting aspects of utility scale wind, solar, and battery storage projects in Texas.
- [Alan Cohen](https://sbaustinlaw.com/attorneys/alan-cohen/) - Alan Cohen is a partner at Stahl, Sewell, Chavarria, Friend & Cohen, LLP. He practices in the firm’s Commercial Real Estate, Renewable Energy, Construction and Texas Tax practice groups.
- [Company Terms & Disclaimer](https://sbaustinlaw.com/terms-and-disclaimer/) - DisclaimerThe lawyers of Stahl, Sewell, Chavarria, Friend & Cohen, LLP, unless otherwise indicated in an individual lawyer’s biography, are not certified by the Texas Board of Legal Specialization. Unless you are a client, please carefully consider the content of your electronic mail to us. Unless you are a client of the firm, your electronic mail
- [Natural Gas-Fired Power Plants](https://sbaustinlaw.com/areas-of-practice/natural-gas-fired-power-plants/) - Stahl, Sewell, Chavarria, Friend & Cohen, LLP provides counsel to clients in the development and financing of some types of traditional electric generation facilities, including natural gas-fired power plants.
- [Construction](https://sbaustinlaw.com/areas-of-practice/construction/) - Stahl, Sewell, Chavarria, Friend & Cohen LLP counsels developers, property owners, designers and builders in all phases of project development including design and construction.
- [Library](https://sbaustinlaw.com/library/) - LibraryBecause of our knowledge and experience our attorneys regularly write and speak on topics related to our areas of practice. Below is a list of some of our recent publications along with links to download the paper. Publications & Presentations by Area: Wind & Renewable Energy Alan Cohen, Brittany Dadon, Byron Kentor and Greg Friend
- [Gilbert Bernal](https://sbaustinlaw.com/attorneys/gilbert-bernal-jr/) - Gilbert Bernal is a tax attorney and partner in the law firm of Stahl, Bernal, Davies, Sewell, & Chavarria, LLP, where he practices in the firm’s Texas Tax Litigation Section.
- [Contact Us](https://sbaustinlaw.com/contact-us/) - Stahl, Bernal, Davies, Sewell, & Chavarria, LLP 7320 N. MoPac, Suite 211 Austin, Texas 78731 Phone: 512-346-5558 Fax: 512-346-2712 (Click here for directions to our office) Email Addresses: Gilbert Bernal: gbernal@sbaustinlaw.com Lisa Chavarria: lisa@sbaustinlaw.com Alan Cohen: acohen@sbaustinlaw.com Tom Davies: tdavies@sbaustinlaw.com Greg Friend: gfriend@sbaustinlaw.com Jennifer Goodwillie: jgoodwillie@sbaustinlaw.com David Sewell: dsewell@sbaustinlaw.com Brent Stahl: bstahl@sbaustinlaw.com Unless you
- [Links](https://sbaustinlaw.com/library/links/) - Links & ReferencesState Taxation Links Streamlined Sales Tax System Project Texas Government Links Texas State Government Homepage Texas Comptroller of Public Accounts Texas Office of the Attorney General Public Utility Commission of Texas Renewable Energy Related Links American Wind Energy Association SEIA | Solar Energy Industries Association Texas Renewable Energy Industries Association The Wind
- [Natural Resources and the Environment](https://sbaustinlaw.com/areas-of-practice/energy-environment/) - We provide perspective and assistance on regulatory and transactional issues related to our finite natural resources.
- [Slider - Construction Law](https://sbaustinlaw.com/slider-construction-law/) - CONSTRUCTION LAW - We counsel developers, property owners, designers and builders in all phases of project development including design and construction. We represent clients involved in large scale commercial, residential, and industrial projects and we develop transactional solutions to assist clients in managing risks associated with large construction projects. Read more »

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- [Environment & Natural Resources](https://sbaustinlaw.com/category/environment-natural-resources/) - Find news and information related to environmental law, environmental considerations and aspects of renewable energy and real estate matters, and natural resources topics.
- [Real Estate](https://sbaustinlaw.com/category/real-estate/)
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- [Energy Storage](https://sbaustinlaw.com/category/energy-storage/)

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