On April 26, 2017, the U.S.-based solar manufacturer Suniva, Inc. filed a petition for global safeguards with the U.S. International Trade Commission (“ITC”). In particular, Suniva requests the imposition of tariffs on solar cells and the establishment of a minimum price for solar modules imported into the United States. The petition was filed under Section

A recently-published NAFTA arbitration award in Windstream Energy LLC v. Government of Canada illustrates the perils of investing in clean energy projects in jurisdictions with ever evolving regulatory and policy frameworks.  The case is also a good reminder of the importance of investing in foreign jurisdictions through vehicles incorporated in countries that have adequate investment-protection

Official publications of the Trump campaign and transition team propose significant changes in energy policies.   The principal focus of the proposed policy changes addresses energy independence and job creation through greater production of fossil fuel resources.  But apart from pronouncements to “scrap … the Clean Power Plan” there is little to glean from the official publications regarding the incoming administration’s plans to address the much needed transformation of the Nation’s electricity system.

Additional insights about potential Trump administration policies affecting the electric power sector can be gleaned from assorted comments by the President-elect and transition team officials. Since the election, they have signaled possible policy initiatives to scrutinize wind energy subsidies and bird kill impacts, promote nuclear energy and lift restrictions on “clean coal”.  But these hints at policy direction, coupled with an intention to move away from the Clean Power Plan, still leave the electric power industry awash in uncertainty regarding future federal policies to modernize and increase the efficiency, resiliency and security of the Nation’s power grid.

Meanwhile the corporate sector continues to demand federal policies to promote American prosperity through clean energy transformation and is focused on locating business operations in states that facilitate corporate procurement of clean energy.  Independent of clean energy and climate change considerations, the leading trade association of the electric utility industry is highly focused on grid modernization through efforts to redesign and transform the use and operation of the grid to integrate distributed energy resources, replace distribution lines and deploy new technologies and systems that will enhance reliability, resiliency and efficiency.    
Continue Reading Transforming the Nation’s Electricity System: Survivable Elements of Obama’s Policy Roadmap for the Trump Administration