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On April 19, 2019, MassDEP issued proposed amendments to the Massachusetts Contingency Plan, 310 CMR 40.0000 (the “MCP”). The amendments address a number of provisions relating to the notification, assessment and cleanup of oil and/or hazardous material contamination, including the much anticipated draft standards for emerging contaminants of concern for exposure in drinking water known as per- and polyfluoroalkyl substances (PFAS).   /continue reading

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This is the first part of a Q&A series with members of the KLG team highlighting key areas in which renewable energy project developers encounter pitfalls that can end up delaying or derailing projects.   /continue reading

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On March 2, 2018, the Internal Revenue Service (“IRS”) issued Private Letter Ruling 201809003 (the “PLR”) advising a homeowner that an energy storage retrofit of a residential solar energy system was eligible for the residential solar tax credit under Section 25D of the Internal Revenue Code (the “Code”). Not only is the PLR promising for homeowners who want to reap the benefits of adding storage devices to their solar energy systems, but it also could point the way towards the IRS's reaching a similar conclusion regarding eligibility for the Investment Tax Credit (“ITC”) under Section 48 of the Code for an energy storage retrofit of commercial solar projects.   /continue reading

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On Wednesday, September 26, 2018, the Massachusetts Department of Public Utilities (“DPU”) issued its long anticipated Order DPU 17-140-A approving the SMART model tariff (the “SMART Order”).

Like everyone, we are still digesting the contents of the SMART Order but wanted to highlight some of the major issues:   /continue reading

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Mission-related investing – the practice of aligning a foundation’s endowment with its philanthropic goals – has the potential to substantially increase the amount of capital available to address social and environmental challenges.  That’s because only 5% of a foundation’s endowment must be paid out each year as grants or “program-related investments.”   /continue reading

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With a growing focus on aligning investment portfolios with mission and increasing options for investors wishing to do so, putting a process in place for analyzing and negotiating such investments is more important than ever.  Below is a summary of key terms that investors in any type of private fund should review, with a special emphasis on how to think about these terms in the context of an impact fund:   /continue reading

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In September 2017, the SEC’s Office of Compliance, Inspections and Examinations issued a Risk Alert making clear that the SEC is paying increased attention to the advertising practices of investment advisers.  The Alert summarizes the most frequent Advertising Rule violations that OCIE comes across in its examinations of investment advisers and evidences a growing concern by the SEC that investment advisers are regularly violating the rule.   /continue reading

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On October 31, 2017, the Boston Bar Association hosted a brown bag conversation – coordinated by KLG’s Courtney Feeley Karp – featuring Michael Judge, the Director of the Massachusetts Department of Energy Resources’ Renewable and Alternative Energy Division.  Mike gave an in-depth presentation on the new SMART program and answered questions from the crowd.  KLG also distributed a short quiz on SMART program mechanics.  Take the quiz and check out the answers to gauge your SMART intelligence!   /continue reading

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Eversource's rate case before the Massachusetts Department of Public Utilities is moving forward.  In a first track involving issues other than rate design, discovery closed as of August 4, 2017 and intervenors' reply briefs are due August 18, 2017.  Eversource is seeking approval of the merger of NSTAR Electric Company and WMECo, now referred to as Eversource East and Eversource West, as well as rate increases and a rate redesign that would impact both companies’ ratepayers.   /continue reading

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Last week's NECEC legislative round-up program -- attended by KLG's Courtney Feeley Karp and Jonathan Klavens -- confirmed that, despite a rocky legislative session in Maine and a disappointing failure to override Governor LePage’s vetoes, clean energy continues to make progress in legislatures throughout the Northeast.   /continue reading