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Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities Panel” Legislative Update Public Act No. 11-80 Paul R. Michaud, Counsel 860.240.6131 | [email protected] October 27, 2011

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Page 1: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Fall WorkshopConnecticut Association of

Water Pollution Control Authorities“Renewable Opportunities Panel”

Legislative Update Public Act No. 11-80

Paul R. Michaud, Counsel860.240.6131 | [email protected] October 27, 2011

Page 2: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

• Preliminary Topics:

Renewable Energy Certificates

Net Metering Distributed Generation Incentive

Power Purchase Agreement

• State Legislatively Mandated Incentive Programs Under P.A. 11-80:

ZREC DG Program

LREC DG Program

Grid-Side Project Program

CEFIA Solar and Fuel Cell “Bridge” RFPs

• Federal Tax Incentive

Topics to be covered

Page 3: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Acronyms

• CEFIA = Clean Energy Finance and Investment Authority

• DEEP = Department of Energy and Environmental Protection

• DG = Distributed Generation (customer side of meter)

• EDC = Electric Distribution Company (i.e. The Connecticut Light & Power Company and The United Illuminating Company)

• LREC = Low Emission Renewable Energy Credit

• PPA = Power Purchase Agreement

• PURA = Public Utilities Regulatory Authority

• REC = Renewable Energy Certificate or Credit

• RPS = Renewable Portfolio Standard

• ZREC = Zero Emission Renewable Energy Credit

Page 4: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Renewable Energy Certificates or Credits (“RECs”)

Energy

RECs

=All of the environmental attributes associated with one megawatt hour of energy produced by an eligible renewable energy generating facility in a specified vintage year or quarter.

Solar System Fuel Cell

RPS = Each year a certain percentage of total retail energy sales of the EDCs must be purchased from Class I, II, and III renewable and energy efficient sources with the goal of 27% by 2020.

REC

Page 5: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Net Metering• Definition:

When a behind-the-meter renewable electric system is generating more power than is used by the facility, the surplus electricity is sent to the utility, spinning your meter backwards and accumulating a credit. The credit will be reduced as electricity is taken from the grid. If at the end of a billing year, the renewable energy system has produced more electricity than was used, then the utility will pay for the surplus amount.

• Eligible Renewable DG Technologies (Behind-the-Meter):

Solar, Landfill Gas, Wind, Biomass, Small Hydro, Fuel Cells, Municipal Solid Waste, Tidal Energy, Ocean Thermal

• Applicable Sectors:

Commercial, Industrial, Residential, Nonprofit, Schools, Government, Agricultural, Institutional

• Applicable Utilities:

The Connecticut Light & Power Company and The United Illuminating Company

Page 6: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Net Metering - continued

• System Capacity Limit:

2 MW

• Aggregate Capacity Limit:

None

• Net Excess Generation (Surplus Amount):

Credited to customer’s next bill at retail rate, excess reconciled annually at eitherthe avoided-cost rate or time-of-use generation rate (Solar PV only)

• REC Ownership:

Customer owns the RECs

• Meter Aggregation:

Virtual Net Metering for Municipal Customers

Page 7: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Overview of the PPA Structure

• Power Purchase Agreement (PPA) provides an attractive financial structure

• Key Features:

No capital outlay by the customer

Utilizes all tax incentives

No REC or commodity risk for the customer

Immediate break even (of better) for the customer

Provides hedge again future price increases for the customer

Long-term (15 years)

Page 8: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

PPA Operating Structure

Project

Sponsor

General Partner

Tax Investor

Limited Partner

Lender

Host

Transmission Company

Federal Tax ZRECs/LRECs

O&M Supplier

PV Supplier

Inverter Supplier

PV Installer

PPA

Land Lease

Interconnection Agreement

ITC

Financing Agreement

Installation Agreement

Inverter Supply Agreement

PV SupplyAgreement

O&M Agreement

PartnershipAgreement

100% 100%

Page 9: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

PPA Customer View

Solar, Fuel Cell, or Wind System/Company

Customer Net Metering

Cents per kWh kWh

ZRECs/LRECs

Page 10: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

• Contract: January 2012 - EDCs are required to competitively procure long-term contracts for ZRECs with owners or developers of “zero” emission generating systems or be subject to a penalty

• “Zero” Emission Generation Systems: Class I energy generating systems that emit no pollutants (i.e. solar, wind, small hydro)

• System Size: 1 kW to 999 kW

• System Location: Customer side of the revenue meter (on-site)

• ZREC Program Funding: Subject to periodic review by PURA and possible reductions, the procurement of ZRECs by the EDCs is $8 million in Year 1, increase by an additional $8 million per year in Years 2 through 6, plateau at $48 million in Years 7 through 15, and decline by $8 million per year in Years 16 through 20

ZREC Program

Page 11: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

• Plan Approval: PURA must approve an EDC’s Solicitation Plan before the EDC can start its competitive procurement of ZRECs

• Competitive Bid Procurement: 15-year ZREC Strips 2012 contracts capped at $350 per ZREC

ZREC price cap may decline by 3% to 7% in contract years 2013 – 2017

• Bid Ranking: Bids received by the EDCs from developers or owners will be ranked in order from lowest NPV to highest NPV on the proposed ZREC price

• Bid Selection: Bids selected by an EDC will be eligible to receive long-term ZREC contracts under the EDC’s Procurement Plan

• Contract Approval: PURA must approve all proposed ZREC contracts in a regulatory proceeding under an EDC’s Procurement Plan

ZREC Program - continued

Page 12: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

0

10

20

30

40

50

Yr1

Yr3

Yr5

Yr7

Yr9

Yr11

Yr13

Yr15

Yr17

Yr19

Dollars - millions

ZREC Bid Price From System Owner or

Developer

AggregateProgram Funding

• 1 kW to 100 kW• 101 kW to 249 kW• 250 kW to 999 kW

Electric Distribution CompanyCompetitive Procurement

Zero Emission Solar System

ZREC = 1 MW hr$350 per ZREC Cap

ZREC Cap reduced annually

ZREC

ZREC Program Summary

=Bankable

PURA Approval

Page 13: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

• Contract: January 2012 – EDCs are required to procure long-term contracts for LRECs with owners or developers of “low” emission generating systems

• Low Emission Generation Systems: Class I energy generating systems (fuel cells, biomass, etc.) that emit pollutants no more than: 0.07 lbs. per MW hr of nitrogen oxides

0.10 lbs. per MW hr of carbon monoxide

0.02 lbs. per MW hr of volatile organic compounds

1 grain per 100 standard cubic feet

• System Size: Less than 2 MW (1,999 kW)

• System Location: Customer-side of meter plus net metering (on-site generation) and tying into the electric grid

LREC Program

Page 14: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

LREC Program continued

• LREC Program Funding: Subject to periodic review by PURA and possible reductions, the EDCs must spend up to $4 million per year in Year 1 through Year 5, plateau at $20 million per year in Years 6 through 15, and decline by $4 million per year in years 16 - 20

• Competitive Procurements: 15-year LREC Strips Contracts capped at $200 per LREC

• Bid Ranking: Bids received by the EDCs from developers or owners will be ranked in order from lowest NPV to highest NPV on the proposed LREC price

• Bid Selection: Bids selected by an EDC will be eligible to receive long-term LREC contracts under the EDC’s Procurement Plan

• Contract Approval: PURA must approve all proposed LREC contracts in a regulatory proceeding under an EDC’s Procurement Plan

Page 15: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

LREC Bid Price From System Owner or

Developer

AggregateProgram Funding

Electric Distribution CompanyCompetitive Procurement

Low Emission Fuel Cell System

Procurements at least annually

0

5

10

15

20

Yr1

Yr3

Yr5

Yr7

Yr9

Yr11

Yr13

Yr15

Yr17

Yr19

Dollars - millions

LREC = 1 MW hr$200 per LREC Cap

LREC

LREC Program Summary

=Bankable

PURA Approval

Page 16: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Proposed ZREC and LREC Program Schedule• October 3, 2011

EDCs Issue Request for Information (RFI)

• October 17, 2011

RFI Responses Due

• November 18, 2011

EDCs File Solicitation Plan with PURA

• February 2012

PURA Issues Decision on Solicitation Plan

• March/April 2012

EDCs issue 1st ZREC RFP and 1st LREC RFP

• June/July 2012

ZREC and LREC Contracts Submitted to PURA

Page 17: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

• Facility Type: Zero emission grid-side facilities

• Facility Size: 1 MW to 5 MW (30 MW total for program)

• Project Proposal Selection: Project proposals must be submitted to DEEP/PURA for review:

Must serve the long-term interests of the ratepayers

Should make efficient use of existing site and electric supply infrastructure

Reverse Auction Process

• Project Approval: DEEP expected to release a RFP sometime in November 2011

Wind and Solar Projects

• Window: July 1, 2011 to July 1, 2013

• Partnership: EDCs can partner with projects

• Private Ownership: 10 MW

Grid-Side Project Program

Page 18: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

CEFIA “Bridge” RFP – Solar

• Solar Photovoltaic Systems

$4.5 million

Competitive “Best in Class” RFP

Applications Due By December 30, 2011

The intent of the funding is to enable the ultimate owners of the solar energy systems to “break even” on their investment over the life of the equipment and earn a fair and reasonable return on investment compared to purchasing the equivalent amount of power from an electric utility company.

Eligible applicants include for-profit companies, not-for-profit companies, municipalities, state and federal government agencies, religious organizations, school districts, condominium associations and affordable housing companies.

There will be a strong emphasis on evaluating the financial feasibility of proposed projects as well as the ability of applicants to complete construction of projects in a timely manner.

Page 19: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

CEFIA “Bridge” RFP – Fuel Cells

• Fuel Cell Systems

$2.5 million

Rolling Submission RFP

Applications Due By March 30, 2012

The intent of the funding is to enable the ultimate owners of the Fuel Cell energy systems to “break even” on their investment over the life of the equipment and earn a fair and reasonable return on investment compared to purchasing the equivalent amount of power from an electric utility company.

Eligible applicants include for-profit companies, not-for-profit companies, municipalities, state and federal government agencies, religious organizations, school districts, condominium associations and affordable housing not-for-profit companies.

There will be a strong emphasis on evaluating the financial feasibility of proposed projects as well as the ability of applicants to complete construction of projects in a timely manner.

Page 20: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Federal Tax Incentive

• Incentive Type:

Corporate Tax Credit (Investment Tax Credit or ITC)

• Eligible Technologies:

Solar, Wind, Biomass, Fuel Cells, CHP/Cogeneration, Geothermal

• Applicable Sectors:

Commercial, Industrial, Utility, Agricultural

• Amount:

30% for solar, fuel cells, and small wind

10% for geothermal, micro-turbines and CHP

Page 21: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

Federal Tax Incentive - continued• Maximum Incentive:

Fuel Cells: $3,000 per 1 kW

Micro-turbines: $200 per 1 kW

Small Wind: No Limit

Solar: No Limit

• Eligible System Size:

Small Wind: 100 kW or less

Fuel Cells: 0.5 kW or greater

Micro-turbines: 2 MW or less

CHP: 50 MW or less

• Service Date:

In general, credits are available for eligible systems placed in service on or before December 31, 2016

Page 22: Fall Workshop Connecticut Association of Water Pollution Control … · 2011-11-01 · Fall Workshop Connecticut Association of Water Pollution Control Authorities “Renewable Opportunities

THANK YOU!

Paul R. MichaudCounsel

Phone: 860-240-6131E-Mail: [email protected]