Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: Safe Harbor

FERC Rejects FirstEnergy’s Application To Transfer Generating Facility to an Affiliated Utility

Posted in FERC
In an order issued on January 12, 2018, the Federal Energy Regulatory Commission (“FERC” or “Commission”) rejected an application by Monongahela Power Company (“Mon Power”), a franchised public utility subsidiary of FirstEnergy Corp. (“FE”) engaged in providing electric service in West Virginia, to acquire needed generation capacity from an affiliate. Mon Power had concluded through… Continue Reading

Additional IRS Guidance on Physical Work Test and Facility Transfers for Energy Tax Credits

Posted in Federal, Renewables
The IRS has released additional guidance (Notice 2014-46) on the “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax credit under Code Section 48 (ITC).  The notice clarifies the application of the Physical Work Test and the effect that certain transfers of a facility… Continue Reading

Additional IRS Guidance on “Beginning of Construction” for ATRA 2012 Tax Credit Extensions

Posted in Federal, Uncategorized
By Pamela Charles The IRS has released additional guidance (IRS Notice 2013-60) on satisfying the new “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax credit under Code Section 48 (ITC).  These credits are available to qualifying projects if construction of the facility begins… Continue Reading