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Italian Government Stops Incentives for Ground-Mounted PV plants on Agricultural Lands

by Carsten Steinhauer

As part of the liberalisation package adopted on 20 January 2012, the Italian Government has decided to stop incentives for ground-mounted photovoltaic (PV) plants on agricultural land.

The previous Government had already introduced limitations to photovoltaic plants located on agricultural land by limiting the incentives to only those not exceeding 1 MWp and on the condition that they did not cover more than 10 per cent of the available land. An exception was made where the land had been abandoned for at least five years. These limitations were set out in paragraphs four, five and six of Article 10 of legislative decree no. 28 of 3 March 2011 (the Renewables Decree), which have now been abolished.

The current Government has now decided to eliminate incentives for all ground-mounted photovoltaic plants on agricultural land. Article 65 of the Liberalisation-Decree (the Decree) provides that the new rules will apply to all new installations, except those for which the request for authorisation was filed before the entry into force of the Decree and provided that operations start within one year from the entry into force of the Decree. The PV plants that do not fall under the application of Article 65 shall, in any case, comply with the limitations under paragraphs four, five and six of Article 10 of legislative decree no. 28 of 3 March 2011.

In turn, the Government has increased incentives for photovoltaic plants installed in greenhouses, by providing that they will receive the full tariff for rooftop PV plants instead of the currently applicable rate, an amount between the tariffs awarded for rooftop and the tariffs for ground-mounted facilities.

The Decree has now entered into force following its publication in the Official Gazette. Parliament has 60 days, as of the publication, to approve and convert the Decree into law. During such period, Parliament may introduce further amendments. It remains to be seen whether Parliament will approve the increase of the incentives for greenhouse PV plants.
 




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Italian Register for Large PV Plants Closed for 2012

by Carsten Steinhauer

On January 20, 2012, Gestore dei Servizi Energetici (GSE), the publicly-owned company that promotes renewable energy sources in Italy, announced that the budget for the second half of 2012 for large solar photovoltaic (PV) plants has already been used up by excessive demand in 2011. Consequently, there will be no registration procedure for the second half of 2012, and large PV solar plants that have not been registered previously with the GSE will only be eligible for the 2013 feed-in tariff.

The Fourth Italian Feed-In Tariffs system (the so called “Fourth Conto Energia”) established the following budgets for large solar PV plants between June 2011 and December 2012:

  1/06/2011 – 31/12/2011 1st Half 2012 2nd Half 2012

TOTAL

Feed-in Premium Budget 300M 150M 130M 580M Indicative Cumulative Nominal Power 1.200MW 770MW 720MW 2.690MW

In order to ensure the fair distribution of the budgets for 2011–2012, the Fourth Conto Energia introduced a procedure of registration, and subsequent ranking by the GSE of the registered plants for each of the three periods, based on certain priority criteria.

The Fourth Conto Energia affirmed that the budget for the second half of 2012 will be reduced by the excess amount awarded to large PV plants that began operating between June 1 and August, 31, 2011, or registered with the GSE between September 2011 and December 2011. Accordingly, the budget for the second half of 2012 has been reduced to zero, and the GSE will not start the procedure for new registrations.

As a consequence of this development, PV projects that are defined as “large PV plants” that have not obtained a favorable ranking in one of the GSE registers in 2011, or in the first half of 2012, will now only be eligible for the 2013 feed-in tariff. In fact, the GSE has clarified that those PV plants that started operations in 2012 without being ranked in a GSE register will be deemed to have started operations on January 1, 2013, and will therefore obtain the 2013 feed-in tariff for the 20 years starting January 1, 2013.

Unlike the 2012 feed-in premium, the 2013 feed-in tariff will already include the price for the sale of electricity. For, instance, the all-inclusive feed-in tariff for PV plants with nominal peak power above 1 MW will be as follows:

 

PV Plants Installed on Buildings

Other PV Plants

1000<P<5000 kWp

0.227 /kWh

0.205 /kWh

P>5000 kWp

0.218 /kWh

0.199 /kWh

“Small PV plants” (i.e. <1000 kWp on rooftops / ground mounted <200 kWp using net-metering system / placed on buildings or areas owned by the public sector) are not subject to the budget restrictions and will be eligible for the incentive.




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Welcome to McDermott’s Energy Business Law Blog

Welcome to McDermott’s Energy Business Law Blog.  Our objective in this forum is to provide our readers with insights into the evolving regulatory, business, tax and legal issues affecting the U.S. and international energy and commodities markets.  Contributions to this blog will be a collective effort of lawyers and professional staff that are part of McDermott’s broad-based energy practice, with ten U.S. and seven European offices, and a strategic alliance in China.  We will bring to bear our experience across the global energy sector, which spans exploration and production, oil, gas and refined products pipelines, storage and processing facilities, liquefied natural gas, refining and petrochemicals, electric power generation and transmission, renewable and alternative energy (including wind, solar, biofuels and others), trading and regulatory, carbon and emissions, metals and agriculture. 

We hope you find our energy blog to be an informative resource.  Please feel free to provide us any feedback on how we might improve our offerings.

Blake H. Winburne
Global Head, Energy Advisory Practice




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Rebooted California Self-Generation Incentive Program Opens Opportunities for Distributed Generation

by Thomas L. Hefty

Established in 2001, California’s Self-Generation Incentive Program (SGIP) provides public utility customer-funded incentives to businesses and individuals who invest in non-solar distributed generation-—i.e., generation that is installed on the customer’s side of the meter and provides electricity for a portion or all of a customer’s electric load. According to the California Public Utilities Commission (CPUC), as of January 2009, the SGIP is one of the largest and longest-running distributed generation incentive programs in the country, with over 1,270 projects on-line and over 337 MW of rebated capacity.

In response to California Senate Bill 412, which changed the primary purpose of SGIP from peak load reduction to greenhouse gas (GHG) reduction, the CPUC directed sweeping changes to the program. The following are highlights of changes mandated in decision 11-09-015:

  • Adds eligibility requirements based upon greenhouse gas reductions. Establishes an on-site emission rate of 379 kg CO2/MWh that projects must beat to be eligible for SGIP participation. Eligibility is determined based on a cumulative 10 years performance;
  • Adds waste heat to power, pressure reduction turbine, internal combustion engine – combined heat and power (CHP), microturbine – CHP, gas turbine – CHP, and stand-alone advanced energy storage technologies to the list of eligible technologies;
  • Revises the incentive levels for all technologies and adds a $2.00/watt biogas adder;
  • Eliminates maximum size restrictions for projects that meet on-site load and sets a 30 kW minimum for wind and renewable fuel cell projects;
  • Adopts a hybrid payment structure with 50 percent upfront, 50 percent performance-based incentive (PBI) based on kWh generation of on-site load for projects larger than 30 kW; projects under 30 kW will receive the entire incentive upfront;
  • Sets incentives to decline 10 percent per year for emerging technologies and 5 percent per year for all other technologies, beginning January 1, 2013;
  • Caps the allocation to any single manufacturer’s technology in a given year at 40 percent of the annual statewide budget available for the program;
  • Establishes a maximum project incentive of $5 million and a minimum customer investment of 40 percent of eligible project costs;
  • Establishes an SGIP incentive budget allocation of 75 percent for renewable and emerging technologies, and 25 percent for non-renewable technologies;
  • Allows projects exporting to the grid to receive SGIP incentives as long as they do not export more than 25 percent on an annual net basis;
  • Makes an energy efficiency audit mandatory for participation in SGIP unless an extensive audit has been conducted within five years of the date of the reservation request; and
  • Limits all projects to one six month extension. Request for a second extension can be made to the Working Group.

SGIP reservation applications received prior to January 1, 2011, are subject to the prior SGIP regime. All SGIP reservation applications received on and after January 1, 2011, are subject to these modifications. The new program handbook is available on CPUC’s website.

Beginning November 15, 2011, SGIP was reopened (after a ten month SGIP application moratorium). The Senate bill extended the SGIP through January [...]

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