Opportunities for Smart Grid Technologies Under the American Recovery and Reinvestment Act (ARRA) The nation’s infrastructure for delivering electricity suffers in two major respects: it is overburdened to support existing demand, and it lacks the reach and digital “intelligence” needed to integrate variable energy inputs from distributed and new “green” sources such as wind and solar. The American Recovery and Reinvestment Act (ARRA) provides $4.5 billion to the Office of Electricity Delivery and Energy Reliability that can be used for grid modernization, demand-responsive equipment, and energy storage research, development, demonstration, and deployment. Most significant for smart grid businesses, it provides funding for a wide array of smart grid technologies under Title XIII of the Energy Independence and Security Act of 2007. Everyone seems to understand what the “smart grid” is -- until asked to explain it. The 2007 Act spells it out. Under that law, a “smart grid” may include: CONTACT If you would like more information, please contact any of the following McKenna Long & Aldridge LLP attorneys: Frederick R. Anderson 202.496.7370 fanderson@mckennalong.com Geraldeine E. Edens 202.496.7371 gedens@mckennalong.com increased use of digital information and control technology to manage and optimize the transmission and distribution infrastructure; deployment and integration of distributed generation, including renewable energy; development and incorporation of demand-response, demand-side, and energyefficiency resources; deployment and integration of “smart” technologies for metering, communications concerning grid operations and status, and automation of distribution; integration of “smart” appliances and consumer devices; deployment and integration of advanced electricity storage and peak-shaving technologies, including plug-in electric vehicles and thermal-storage air conditioning; provision to consumers of timely information and control options; development of standards for grid communication and inter-operability; and identifying and lowering barriers to adoption of smart grid technologies, practices, and services. John S. Harris 518.492.1800 john.harris@mckennalong.com The DOE has the discretion to spend most of the $4.5 billion by funding smart-grid programs such as the Smart Grid 1 Regional Demonstration Initiative and the Smart Grid Investment Matching Grant Program. The Smart Grid Regional Demonstration Initiative ARRA modifies the 2007 Act and provides funds for smart grid demonstration projects specifically focused on advanced technologies across the nation. It provides funds for public and privately owned transmission systems, as well as private project developers. This structure allows utilities and others to receive grants for up to half the cost of qualifying advanced grid technology investments made to support a demonstration project. Before ARRA, only utility companies were eligible for such grants. All participants in the program are required to provide data to a new smart grid information clearinghouse that will be open to the public. The Smart Grid Investment Matching Grant Program The 2007 energy law established the Smart Grid Investment Matching Grant Program to provide grants for qualifying smart grid investments. ARRA raises the federal matching fund requirement for smart grid investments from only 20 percent in 2007 to 50 percent. Businesses may now receive grants for up to one half of their qualified smart grid investments. Procedures for the Smart Grid Investment Matching Grant Program must be established by mid-April. Innovative Technology Loan Guarantee Program Companies whose smart grid technologies focus on modernization of the transmission infrastructure may also take advantage of the $6 billion that Congress appropriated for the DOE’s Innovative Loan Guarantee Program. The program is specifically targeted for transmission projects that promote system reliability and help meet state and regional environmental goals, such as addressing climate change. Energy Efficiency and Conservation Block Grants ARRA provides $3.3 billion for Energy Efficiency and Conservation Block Grants that include projects to improve energy efficiency in transportation, building, and other appropriate sectors. Smarter grids constitute such an “appropriate” sector. Smart grid projects related to electric vehicles or building automation may also qualify. Qualifying Advanced Energy Project Credit Smart grid project developers may be eligible for the new Qualifying Advanced Energy Project Credit. This credit provides a 30 percent tax credit for the costs of establishing, expanding, or re-equipping certain eligible manufacturing facilities. Eligible manufacturing facilities include those that support the transmission and storage of energy from intermittent renewable resources, as well as property designed to produce energy conservation technologies (including energyconserving lighting and smart grid technologies). 1 Of the $4.5 billion in funding, $100 million is for workforce training activities, $80 million to perform a resource assessment and determine future demand and transmission needs, and $10 million is for the Smart Grid Interoperability Framework. About Us McKenna Long & Aldridge LLP is an international law firm with more than 475 attorneys and public policy advisors. The firm provides business solutions in the areas of environmental regulation, international law, public policy and regulatory affairs, corporate law, government contracts, intellectual property and technology, complex litigation, real estate, energy, and finance. To learn more about the firm and its services, log on to http://www.mckennalong.com. 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