Governor visits wind farm near Fairfield
Gov. Steve Bullock visited a wind farm near Fairfield on Thursday as part of a series of energy roundtables he’s conducting around the state.
Previously, Bullock conducted a solar energy roundtable in Bozeman at Simms Fishing Products and toured the building’s new solar panel array. He also toured a weatherization project at a home in Missoula and held a roundtable about energy efficiency efforts.
Bullock said he’ll use input from the roundtables to develop an energy plan he is expected to release late this month.
The state has an opportunity to expand the state’s energy portfolio, he said.
“We can help design what that energy future will look like,” Bullock said.
Bullock was scheduled to conduct another roundtable in Colstrip, home to a coal-fired power plant and a coal mine, on Tuesday.
The state’s future energy options will include coal but also wind, solar and hydro, Bullock said.
Recently, Pennsylvania-based Talen Energy, which owns a share of the Colstrip plant and operates the facility, said its role as operator is not economically viable and the plant’s five owners will need a new manager by May 2018.
“The wind is shifting under our feet when it comes to energy,” said Bullock, who conducted an energy roundtable on wind at the Montana Farmers Union in Great Falls following his visit to the wind farm near Fairfield.
The 13-turbine, 25-megawatt Greenfield project is located next to the six-turbine, 10-megawatt Fairfield Wind farm, which was completed in 2014.
Developer Martin Wilde of WINData LLC, said both wind farms are examples of smaller, community scale wind projects that involve local contractors and land owners.
“There’s great expertise in Montana for Montanans to build them,” he said.
Dick Anderson Construction of Great Falls is the general contractor. The power is being sold to NorthWestern Energy.
Allan Frankl of Dick Anderson Construction said 60 to 70 people will be working on the Greenfield project during the height of construction. Turbine components are expected to arrive later this month and be up by mid-September. The wind farm is expected to be producing power after Sept. 30.
Land owner Marvin Klinker said he’ll receive a percentage of revenue from the electricity produced at the wind farm.
Follow Karl Puckett on Twitter @GFTrib_KPuckett.
Wind energy engineering since 1991
Choteau Acantha Article – Industrial wind farm has broken ground in county–pub 3-30-16–
Choteau, Montana March, 30, 2016
By Nancy Thornton, Choteau Acantha reporter
A second industrial wind farm has broken ground southeast of Choteau, even as a wind farm half the size located on the new project’s western boundary was sold to a New York-based renewable energy investment company.
Teton County Commissioner Jim Hodgskiss said a Greenfield Wind LLC official, Matt Wilson, notified him that contractors would break ground during the week of March 20 for a 15-turbine wind farm next to the six-turbine Fairfield Wind project that was completed in May 2014.
The Teton County commissioners last summer approved a 10-year tax abatement for the proposed $47 million Greenfield Wind project while denying an abatement for the $19 million Fairfield Wind project.
Subsequently, Fairfield Wind appealed the state Department of Revenue’s determination that Fairfield Wind had a $19,118,781 market value. The matter is now before the Montana Board of Tax Appeals with all “discovery” documents due by April 25 and the hearing set for July 19.
Fairfield Wind’s 2015 tax bill was $323,569.83, an amount, with some later adjustments, that was paid under protest.
The Fairfield Wind farm is located in the Choteau elementary and high school districts and the proposed Greenfield Wind farm is in the Power High School and the Greenfield Elementary School districts.
Revenue officials estimated that Greenfield Wind would generate an estimated annual tax bill in the neighborhood of $863,000 under the cost approach, although with the tax abatement set for 50 percent during the first five years, local governments would receive only half of that.
Wilson works for Foundation Windpower LLC that owns a majority-member equity interest in Greenfield Wind LLC. The minority member of Greenfield Wind is Fairfield resident Martin Wilde who developed both wind farm projects under his company, WINData LLC.
Wilson and Wilde did not respond to invitations for telephone interviews.WINData has filed two lawsuits against Foundation Windpower in Teton County District Court that Judge Robert Olson recently dismissed. However, WINData has appealed the two cases to the Montana Supreme Court.
In December 2015 Foundation Windpower sold its interest in the Fairfield Wind project (the legal entity at that point was called Fairfield Wind Master Tenant LLC) to Greenbacker Wind LLC, which is a business created by Greenbacker Renewable Energy Corp. and Greenbacker Renewable Energy Co. LLC of New York, New York.
Greenbacker, in a December press release, said it acquired the Fairfield Wind project for $6,615,000 in cash and the assumption of $12,412,000 in debt for a total of $19,027,000 on Dec. 8, 2015. It is a “publicly registered, non-traded limited liability company that expects to acquire a diversified portfolio of income-producing renewable energy power plants, energy efficient projects and other sustainable investments,” according to its website.
The wind farm has two 1.6-megawatt and four 1.7-megawatt turbines. The generated electricity is sold to NorthWestern Energy under a long-term power purchase agreement that has 18.5 years remaining on the contract.
Greenbacker, citing the project as a “fund portfolio” for its investors, forecasts a 10.7 percent initial yield on the investment, but cautioned in its literature that that yield is not a measure of the fund’s performance and it is not necessarily indicative of distributions that the fund may provide to investors.
Wilde has had disputes with Foundation Windpower since mid-2015 and in court documents said he filed a notice of dissociation with the Fairfield Wind entity over Foundation Windpower’s refusal to supply him with accounting information, among other things. He refused to sign off on Foundation Windpower’s proposed monetary value of WINData’s 10- percent equity interest in Fairfield Wind and he declined to agree to the sale.
However, Foundation Windpower’s attorney Stephen Brown of Missoula successfully argued in Olson’s court in February that the operating agreement the pair of companies signed required that the dispute be brought in a California forum, not one in Montana.
Brown successfully argued a similar point when in July 2014, the Montana Supreme Court found in favor of San Diego Gas & Electric Co., (against Naturener USA that owns wind farms in Glacier and Toole counties) determining that the “consent to conduct all” provision of the first contract between the two parties required the parties to litigate all disputes Industrial wind farm has broken ground in county–pub 3-30-16– 2 pertaining to that contract in California. Brown represented San Diego Gas.
In a similar way, Olson dismissed Wilde’s lawsuit against Foundation Windpower, first in the dispute over Fairfield Wind, and second, over the Greenfield Wind
March 30, 2016
Construction of a 25-megawatt, 13-turbine wind farm seven miles north of Fairfield is back on track, according to the developer.
Martin Wilde, principal engineer at WINData LLC, said Wednesday that foundations are being poured at Greenfield wind farm.
“We’re moving ahead,” Wilde said.
Wilde is partnering with Foundation Wind Power of San Francisco in developing the project.
Dick Anderson Construction of Great Falls is the general contractor.
Towers and turbines will be erected this summer, Wilde said. The goal is to have construction completed by September.
“Our goal has been to keep money in Montana to help Montana communities leverage the wind power opportunities to the full extent,” Wilde said.
Greenfield wind farm is located next to the six-turbine, 10-megawatt Fairfield wind farm, which was completed in 2014.
Construction was halted at Greenfield last summer over property taxes.
At the time, Foundation Windpower said the first property tax bill for the existing Fairfield wind farm came in higher than expected.
Foundation Windpower then applied for tax abatements seeking tax breaks for both the operating Fairfield wind farm and the proposed Glacier wind farm.
An abatement means that the developer will receive a 50 percent tax cut over the first five years with taxes gradually increasing to 100 percent at the end of the 10th year.
Jim Hodgskiss, Teton County commissioner, said commissioners granted a tax abatement for the Glacier project because it still hadn’t been constructed, but denied the abatement for the Fairfield project because it already was completed.
About half of the total tax reduction for the Fairfield wind farm, or about $2 million, would have been shifted onto the rest of the tax rolls if commissioners would have approved the abatement after the wind farm already had been constructed, Hodgskiss said.
“We didn’t feel it was right to shift it back to the rest of the taxpayers after it was built,” Hodgskiss said.
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Wind farm is planned near existing wind farm north of Fairfield.
Construction back on track at Greenfield wind farm after delay over taxes Karl Puckett, firstname.lastname@example.org 3:15 p.m. MDT March 30, 2016
(Photo: Tribune file photo/Karl Puckett)
Construction of a 25-megawatt, 13-turbine wind farm seven miles north of Fairfield is back on track, according to the developer.Martin Wilde, principal engineer at WINData LLC, said Wednesday that foundations are being poured at Greenfield wind farm.“We’re moving ahead,” Wilde said.Wilde is partnering with Foundation Wind Power of San Francisco in developing the project.
Dick Anderson Construction of Great Falls is the general contractor.Towers and turbines will be erected this summer, Wilde said. The goal is to have construction completed by September.“Our goal has been to keep money in Montana to help Montana communities leverage the wind power opportunities to the full extent,” Wilde said.
Greenfield wind farm is located next to the six-turbine, 10-megawatt Fairfield wind farm, which was completed in 2014.Construction was halted at Greenfield last summer over property taxes.At the time, Foundation Windpower said the first property tax bill for the existing Fairfield wind farm came in higher than expected.Foundation Windpower then applied for tax abatements seeking tax breaks for both the operating Fairfield wind farm and the proposed Glacier wind farm.
An abatement means that the developer will receive a 50 percent tax cut over the first five years with taxes gradually increasing to 100 percent at the end of the 10th year.Jim Hodgskiss, Teton County commissioner, said commissioners granted a tax abatement for the Glacier project because it still hadn’t been constructed, but denied the abatement for the Fairfield project because it already was completed.
About half of the total tax reduction for the Fairfield wind farm, or about $2 million, would have been shifted onto the rest of the tax rolls if commissioners would have approved the abatement after the wind farm already had been constructed, Hodgskiss said.“We didn’t feel it was right to shift it back to the rest of the taxpayers after it was built,” Hodgskiss said.
Follow Karl Puckett on Twitter @GFTrib_KPuckett.
U.S. presidential candidate Sen. Bernie Sanders, I-Vt., has introduced legislation that he says would permanently extend the production tax credit (PTC) for renewables and drive over $500 billion in clean energy investments between now and 2030.The American Clean Energy Investment Act of 2015 and The Clean Energy Worker Just Transition Act – both co-sponsored by Sens. Jeff Merkley, D-Ore., and Edward J. Markey, D-Mass. – would significantly reduce carbon pollution and help put the U.S. on a path to more than double the size of its clean energy workforce to 10 million by 2030, says Sanders.The bills would allocate $41 billion to helping oil, gas and coal workers as they transition out of the fossil fuel industry. According to Sanders, the costs for these proposals are completely offset by repealing all subsidies for fossil fuels and ending the tax breaks that encourage corporate inversions.Sanders says The American Clean Energy Investment Act of 2015 would stimulate a strong, sustainable economy by spurring massive new investments in renewable energy and energy efficiency.Specifically, the act would permanently extend the PTC for renewable electricity generation from sources including wind and solar. It would also permanently extend the investment tax credit for advanced clean energy property and expand the 30% credit for offshore wind facilities.The Clean Energy Worker Just Transition Act would help coal miners and other fossil fuel workers and their families by connecting displaced workers with new job opportunities through vocational education and job skills programs. The bills would also provide support so that transitioning workers and their families could maintain family-level wages, health care and pensions until they are able to start new jobs, the senator explains.”The American Wind Energy Association [AWEA] deeply appreciates Sen. Sanders’ leadership in seeking long-term policy support to enable the growth of our nation’s wind energy sector,” AWEA says in a release from the senator. “This legislation is the latest example of his attention to wind energy and his leadership in promoting policies that will generate affordable, reliable and clean energy and provide a future for wind energy workers and American factories. We look forward to continuing to work with Sen. Sanders and his colleagues with the shared goal of delivering the benefits of wind energy to even more American families.”
Gov. Cuomo Calls For 50% Renewables In N.Y. By 2030in News Departments > New & Noteworthyby NA Windpower on Wednesday 02 December 2015 Email article Print Reprints & PermissionsGov. Andrew M. Cuomo, D-N.Y., has directed the New York State Department of Public Service to design and enact a new clean energy standard mandating that 50% of all electricity consumed in New York by 2030 come from clean and renewable energy sources.Under Cuomo, New York has taken bold action to modernize its energy system through the Reforming the Energy Vision (REV) plan, which laid the groundwork for the state and private sector to aggressively add renewables. Now, the governor says, the clean energy standard provides a cost-effective, efficient and enforceable mandate to meet the goal of ensuring clean, resilient and affordable energy for all New Yorkers. It will result in lower costs for renewable energy and create new opportunities to scale large renewable energy projects, according to Cuomo. The regulatory process to develop the clean energy standard will include the opportunity for full and complete public and stakeholder participation. State law requires that the Public Service Commission take all reasonable steps to meet New York’s goals set forth in the state’s energy plan.The governor’s directive sets forth a time frame by which the commission should act. The new standard, which will be developed by the Department of Public Service to complement Cuomo’s REV plan, is expected to be presented to the Public Service Commission by June 2016.“Climate change is one of the defining issues of our time, and we must act now,” the governor states. “As discussions continue in Paris, we are taking real, enforceable actions in New York to lay the foundation for a thriving clean energy economy. With one of the most aggressive renewable energy goals of any state in the nation, we are leading by example to ensure the possibility of a bright future for generations to come.”Additionally, the governor has directed the Department of Public Service to develop a process to prevent the premature retirement of safe, upstate nuclear power plants during this transition. As New York state continues to aggressively add new renewable resources, it cannot lose ground in the fight to reduce carbon pollution through the unnecessary retirement of safely operating nuclear power plants in Upstate New York, says the governor. According to Cuomo, the early closure of those plants would result in increased carbon pollution from fossil fuel generators, reduced fuel diversity and unstable electric prices, as well as job losses and economic distress in upstate communities. Support for nuclear plants is separate and distinct from the 50% renewable energy mandate.Richard Kauffman, chair of energy and finance for New York state and a participant in the COP 21 talks in Paris, says, “Today’s announcement codifies New York’s commitment to powering statewide economic development with clean, affordable energy. The creation of a clean energy standard is good public policy for the environment and our economy.”The governor’s full letter to the department can be found here.
Wind production during the second quarter was below normal across most of the western U.S. and Mexico, according to Albany, N.Y.-based AWS Truepower’s quarterly wind bulletin.According to AWS, winds were below normal across most of the western U.S., Mexico, India and the Philippines but above normal across most of Central and South America, Europe, and the Pacific Ocean and vicinity.Overall wind speeds across much of the U.S. rounded out the quarter well below normal – continuing the pattern from the previous winter, according to AWS, which notes that the Northeast through Midwestern and Appalachian states experienced higher-than-normal wind speeds through the quarter.As for Mexico, AWS notes that most of northern Mexico experienced winds less than 10% to 20% below the norm. Strongly above-normal wind speeds persisted to the south from the Yucatan Peninsula down through South America and into northern Brazil as well as the extreme south of the continent.
The Teton County Commissioners on Thursday will decide whether to grant the Fairfield Wind and Greenfield Wind farms’ requests for property-tax abatements under state law that allows tax breaks for certain new and expanding industries.
We would encourage the commissioners to grant the abatements so they send a loud and clear message that they are pro-business and that they want to encourage economic development in Teton County. This county has an aging, declining population. School districts are seeing their student numbers drop, resulting in the loss of jobs and educational opportunities. The lack of high-paying, manufacturing or industrial jobs or even white-collar positions such as in engineering, architecture, finance and health discourage high school graduates from returning here after they complete their college degrees.
Second wind farm going up near Fairfield
Karl Puckett, email@example.com 7:41 p.m. MDT May 1, 2015
(Photo: Tribune photo/Karl Puckett)
FAIRFIELD – Construction of a 25-megawatt, 15-tower wind farm is expected to begin Monday seven miles north of here, following difficult negotiations between the developer and NorthWestern Energy, which will purchase the power.
It’s called Greenfield Wind LLC.
The Montana Public Service Commission, which had rejected a settlement agreement on the power purchase price between NorthWestern and WINData LLC on Dec. 16, reconsidered and approved the 25-year contract March 4.
Now construction can proceed.
“Getting the power contract has been the biggest challenge here,” WINData CEO Martin Wilde said at the Greenfield site.
On Thursday, stakes marked the locations where towers will begin rising in August and September. A strong breeze was blowing 18 mph, which is typical.
“This is perfect wind,” Wilde said.
The Greenfield wind farm is 1.5 miles to the east of the 10-megawatt Fairfield wind farm, which Wilde completed a year ago.
Wilde, an early pioneer of wind development in Montana, would like to see more projects like the Fairfield and Greenfield wind farms constructed by Montana-based, independent power producers, but it isn’t easy, he says.
“In this case, they kind of had it out with us, and we sort of held our own and settled,” Wilde said of negotiations with NorthWestern.
WINData has a 20-year contract to sell power generated at the 10-megawatt, six turbine Fairfield wind farm to regulated utility NorthWestern Energy.
It negotiated a 25-year deal with NorthWestern for the Greenfield energy.
NorthWestern argued that the price of the electricity, $50.49-per-megawatt hour, was too high, Wilde said, and “we fought back.”
NorthWestern always gives prime consideration to how a price will be reflected on the bills of NorthWestern’s 342,000 electricity customers in Montana, NorthWestern spokesman Butch Larcombe said.
“And a lot of times the developers have a different price in mind than we do,” Larcombe said.
The U.S. Public Utility Regulatory Policies Act of 1978 created a new class of generating facilities called “non-utility generators” or “qualifying facilities” that would receive special rate and regulatory treatment.
One of the goals was to encourage development of renewable energy.
Greenfield is a qualifying facility.
In Montana, the Public Service Commission has established two categories of qualifying facilities, Wilde said.
One is the standard size, which is a maximum of 3 megawatts. Those projects come with “standard offer” contracts, and negotiations are not required.
Qualifying facilities that are larger than the standard size require negotiations, and the Greenfield wind farm is the first large QF wind project negotiated and approved in Montana, Wilde said.
Instead of NorthWestern producing the power, Wilde said, it is purchasing green energy from an independent power producer, bringing diversity to its power mix, Wilde said. WINData carries the risk for generation, not NorthWestern’s ratepayers, he added.
When NorthWestern needs power the most is at times of peak demand, when it’s very cold or hot, Larcombe said.
“And unfortunately, a lot of times, that’s when the wind isn’t blowing,” Larcombe said. “We have concerns about the wind’s ability to meet the needs of our portfolio at this point.”
Wilde started out in the wind business in Montana in 1991. He’s owned his own companies and also worked for the U.S. Department of Energy.
He’s investigated many sites for wind potential in state. That leg work has attracted large wind developers, he said.
“We were trying to get commercial wind energy in Montana,” he said.
Today, Wilde owns WINData LLC based in Fairfield.
While Montana has seen some successes in wind development, Wilde says the development climate is poor compared to other states such as Texas.
“It’s like learning how to box in prison,” Wilde said. “It’s a difficult environment to do wind, period.”
The export of wind-generated electricity from Montana could be robust, but Wilde says the NorthWestern seems intent to stick with hydro and coal generation.
Larcombe, NorthWestern Energy’s spokesman, defended the utility’s efforts to own and purchase renewable power.
NorthWestern owns or has contracts with 17 different wind projects in Montana with a capacity of 282 megawatts, he said.
“To say we’re not interested or haven’t been involved in wind production really isn’t an accurate statement,” he said.
When NorthWestern purchased PPL Montana’s hydroelectric facilities in November, it changed the look of the utility’s energy portfolio, he said.
The dams are helping NorthWestern meet the typical needs for electricity in Montana, he said.
Wind in the Fairfield area doesn’t blow trains off the tracks, as it’s been known to do in locations such as Browning, Wilde said.
However, there is always a breeze.
General Electric turbines that produce 1.7 megawatts each will be erected at the Greenfield wind farm.
The distance from the ground to the tip of the blades will be 422 feet, or about 42 stories.
They are the largest wind turbines in the state, Wilde said.
“They lend themselves to calm but constant winds, which is the kind of wind we have here,” Wilde said.
The wind farm should be connected to the grid by November, Wilde said.
WINData is partnering with Wind Power of San Francisco, which will help to arrange financing through large investment banks, Wilde said.
It usually costs about $2 million per megawatt to build a wind farm, which would put the project in the $45 million to $50 million range.
Dick Anderson Construction out of Great Falls has been hired for the job. GE will assist in installing the turbines.
The 15 wind towers will stand on a ridge in two rows on a ridge overlooking wheat and hay fields.
The land is being leased from four property owners who will receive royalties based on production.
“So this is an additional crop for farmers,” Wilde said.
Reach Tribune Staff Writer Karl Puckett at 406-791-1471, 1-800-438-6600 or firstname.lastname@example.org.
North American Windpower: The Year Of The Yieldco: How Last Year’s Top Finance Trend Impacts The U.S. Wind Market
The Year Of The Yieldco: How Last Year’s Top Finance Trend Impacts The U.S. Wind Market
by Edward Zaelke Tuesday February 10 2015
The calendar year 2014 saw a number of important developments in the U.S. wind industry – possibly some of the most important developments the industry has seen in a number of years. Below, we have focused on what we see as the most significant developments in capital raising, merger and acquisition activity, and the political arena.
Although the first publicly traded vehicles – commonly known as yieldcos in the renewable energy space – came to market in 2013, it was not until 2014 that the wind industry and other renewable energy industries came to appreciate the changes that yieldcos would offer in terms of reducing the cost of capital for projects.
There are a number of factors that go into determining the cost of producing a kilowatt-hour of wind energy: the cost, efficiency and reliability of equipment; the wind resource; transmission availability; development costs; and, of course, the cost of capital. Some could argue that, unlike power generated by burning fossil fuels, for wind power, where the “fuel” is free, the cost of capital is the most important of the cost factors.
Most projects will need capital from a number of sources: developer equity, which refers to the risk capital invested by the project owner (either from its own funds or through an arrangement with a private-equity source); debt (which can be bank or bond financing at either the project or the project company level); and tax equity.
The yieldcos offer the opportunity to replace some or all of the developer equity and debt with funds that require a relatively low return.
In a typical yieldco structure, a sponsor holding several completed wind projects or other power generating assets forms a separate company to hold these assets and then sells a minority ownership interest in the separate company to investors. The assets are typically selling power under long-term power purchase agreements and, therefore, offer a reasonably predictable annual production of income.
Yieldcos also offer growth potential. In a typical yieldco, only a portion of the revenues from the projects is distributed to the investors as a dividend. Most of the income is re-invested in other renewable energy projects so that the investment can grow. How much of the income from the projects is to be distributed, and how much can be devoted to growth, varies from yieldco to yieldco but is currently between 2% and 4% annually.
If the wind and other projects in the company are successful, this low-dividend requirement should leave quite a bit of money with which to acquire other projects.
To date, there are about five companies that might call themselves public yieldcos in the traditional sense of providing income and growth, although there are also several companies structured as real estate investment trusts that are similar in structure, but offer a slightly different balance between dividends and growth.
There are also a number of other companies that are rumored to be forming yieldcos or have publicly announced the intention to do so.
It may be going too far to say that the yieldco as a vehicle for raising capital for wind projects is transformative, but it is fair to suggest that it has been impactful: The industry saw the values of projects rise in 2014, even though there was very little change in interest rates or the underlying market in comparison to the prior year. Instead, we saw yieldcos competing for good projects, which, in turn, drove up values.
The “yieldco effect” on project values comes from a number of factors. The most obvious factor may be that yieldcos are able to raise capital at lower rates and, therefore, can be more competitive in purchasing wind farms when bidding against other buyers with a higher cost of capital. Just as important, however, is the fact that, in order to continue to grow, yieldcos must purchase additional projects.
As more and more yieldcos come to market and must find new high-quality projects, the demand for projects – even between and among yieldcos – will increase. This should result in driving returns down and prices up. In 2014, while this effect was felt, it did not predominate the market.
However, as more yieldcos enter the market, it would logically seem that competition for projects would continue to increase. A third, possibly less important factor is that yieldcos have the ability to purchase projects with stock rather than cash. Again, this should give yieldcos an edge when competing for some wind assets and further drive up values.
The so-called yieldco effect was prominent in the megadeal that saw TerraForm/SunEdison acquire First Wind. TerraForm is a SunEdison-sponsored yieldco that had its initial public offering in July 2014. TerraForm was used to acquire the operating assets of First Wind, assets that will offer the TerraForm shareholders an ongoing return. SunEdison simultaneously acquired the development business, which allows First Wind to continue its successful development platform and may provide TerraForm with additional projects in the future to help grow the TerraForm yieldco.
Politics as usual
The end of 2014 in Washington, D.C., saw two significant events for the wind industry: the Republican Party’s gaining the majority of both houses of Congress and what may possibly be the shortest extension ever of the federal production tax credit (PTC) for wind energy. It is still too early to know the impact on the industry of the Republican-controlled Congress.
The PTC extension, on the other hand, was an important event for a number of reasons. The most obvious, of course, was the extension of the period in which to “commence construction” until the end of 2014. This caused a number of companies that had hoped for a one-year extension to scramble to start construction over the last three weeks of the year. While the industry awaits guidance from the Internal Revenue Service (IRS), the industry is hopeful that this extension, in effect, extended the safe harbor completion date for all of the projects started in 2013 and 2014 until Dec. 31, 2016. Currently, the industry is waiting on the IRS as to whether that will happen.
Equally important is the manner in which the “commencement of construction” extension until the end of 2014 occurred.
As the Republicans and Democrats negotiated over the “extenders bill” toward the end of 2014, the wind industry’s proponents appeared to have struck a deal with the PTC opponents for a longer-term extension in exchange for an agreement not to seek a further extension when the longer term reached completion.
Unfortunately, the White House indicated that for unrelated reasons, it would not accept the bill that included that compromise. In the end, the wind industry ended up with the short-term PTC extension. However, the fact that a deal was tentatively reached may be an indication of things to come, so stay tuned in 2015.
Author’s note: Edward Zaelke is partner at law firm Akin Gump Strauss Hauer & Feld. He can be reached at (213) 254-1234 or ezaelke©akingump.com.