March 22, 2023

Volume XIII, Number 81


March 22, 2023

Subscribe to Latest Legal News and Analysis

March 21, 2023

Subscribe to Latest Legal News and Analysis

March 20, 2023

Subscribe to Latest Legal News and Analysis

The Energizer - Volume 71


On 27 July, Florida Power & Light Company (FPL) proposed an innovative hydrogen pilot project in conjunction with the decision to close its coal-fired generation unit in June (discussed in The Energizer Vol. 69). The decision to open a hydrogen-powered generation facility is intended to help FPL reach its goal of producing zero emissions by 2030.

The $65 million pilot project will use a 20-megawatt electrolyzer to create a 100 percent yield of green hydrogen from solar power. “Green hydrogen”, which is distinct from “grey hydrogen” (derived from methane, coal, or oil) and “blue hydrogen” (derived from fossil fuels paired with carbon capture), will be produced by renewable energy technologies that electrolyze water to separate hydrogen atoms. The innovative use of green hydrogen may expand the use of the gas for future technologies. 

In addition to replacing the generation capacity of the shuttered coal facilities in Macon, Georgia, the new hydrogen plant will replace natural gas-fired electricity generated in Okeechobee, Florida. 


Recently, Electron announced a milestone of more than 1,300 trades executed on a blockchain-based platform as part of “Project TraDER” in the Orkney Islands of Scotland. The project is funded by the U.K. Department of Business, Energy, & Industrial Strategy (BEIS) in an effort to advanced energy technology and support the islands, which are home to many renewable generation resources that often exceed demand.  

Project TraDER allows for the real-time resolution of grid congestion by using local storage assets, such as batteries and electric vehicles, to capture the excess energy from renewable sources. This real-time trading aims for more efficient energy use, reducing curtailment and lowering costs for consumers.

Project TraDER is an eight-member consortium, which includes electric utilities (e.g., EDF and Scottish and Southern Electricity Networks), industry figures, research partners, and the non-governmental organization Community Energy Scotland. These participants assist communities with green energy development.


A team of scientists at Tulane University have developed a hybrid solar energy converter that can efficiently transform sunlight into both electric and thermal energy. Using high efficiency multi-junction solar cells, the hybrid converter is capable of more fully capturing the whole spectrum of sunlight. The converter both generates electricity from solar cells and redirects infrared rays of sunlight to a thermal receiver that converts those rays to thermal energy. The thermal energy can then be stored until needed and could be used to provide heat for a wide variety of commercial and industrial processes.

Thermal energy plays a large role in the global economy as it is used to generate a wide range of commercial and industrial products. Generating thermal energy using renewable sources, such as sunlight, could significantly reduce greenhouse gas emissions associated with commercial and industrial processes. The hybrid converter developed at Tulane demonstrated a 85.1 percent efficiency, delivered steam at up to 248 degrees Celsius, and is projected to have system levelized cost of 3 cents per kilowatt hour. The researchers are now moving towards commercial development of the new technology.


The California Public Utilities Commission (CPUC) recently agreed to modify the methodology used in its “Avoided Cost Calculator” (ACC) that values the cost-effectiveness of distributed energy resources (DER), like solar or batteries, against traditional energy resources provided through the grid network. In April 2020, CPUC agreed to include certain avoid future transmission costs in its valuation of DER in the ACC for PG&E, one of California’s three investor-owned utilities. Following strong opposition and public comments, CPUC revised its approach in its final decision to apply the methodology that incorporates the avoided future transmission costs into its ACC to all three investor-owned utilities in the state. 

Because DERs are locally sited and produce (and sometimes consume) energy within the local distribution grid, the need to use the transmission grid is low or non-existent. Historically, applying transmission access charges to DERs artificially inflated the DER cost and made them less competitive. It was for this reason that a push was made to limit the application of transmission access charges to only remote generated energy that requires using a transmission grid to get energy from its generation point to its distribution point where it is used.

As a result of the CPUC’s decision, California’s community choice aggregators and IOUs can now get a better sense of the true costs and benefits of employing DERs relative to getting energy from remote areas that require high costs in transmission infrastructure to reach such ratepayers.  

Copyright 2023 K & L GatesNational Law Review, Volume X, Number 212

About this Author

Buck B. Endemann, KL Gates, energy infrastructure lawyer, remediation projects attorney

Buck Endemann is a partner in the firm’s San Francisco office, where he is a member of the energy practice group. He provides comprehensive counseling on energy, infrastructure and remediation projects, including advice on air, water and waste compliance issues, and represents clients in related litigation. 

Mr. Endemann has extensive experience on the commercial, land use, and regulatory aspects of renewable energy and infrastructure projects throughout the Western United States, with an emphasis on California. He has a particular expertise...

Daniel Cohen, KL Gates Law Firm, Washington DC, Finance Law Attorney

Dan Nuñez Cohen is an associate in the firm's Washington, D.C. office. Dan advises and advocates for clients at the intersection of federal legislative and regulatory policy and compliance, focusing on financial services issues affecting depository institutions, trust companies, money services businesses including digital asset exchanges, wallet providers, and token issuers; and the cannabis industry. He has experience assisting with bank charters and money transmitter licenses; counseling clients on compliance with federal banking and trust laws; and advocating for...

Molly K. Barker Environment, Land and Natural Resources K&L Gates Seattle, WA

Molly Barker is an associate at the firm’s Seattle office. She is a member of the environment, land and natural resources practice group.

Professional Background

Prior to joining the firm, Ms. Barker served as an associate at an environmental and energy law firm where she focused her practice on environmental, real estate, energy, natural resources and land use law. She worked with public and private clients to conduct due diligence for permitting energy projects, obtain regulatory closure for contaminated sites, bring business operations into environmental regulatory...

Olivia B. Mora Environmental & Energy Lawyer K&L Gates Law Firm


Olivia Mora is an associate at the firm’s Houston office. She is a member of the oil, gas & resources practice group.


Ms. Mora served as a summer associate at the firm where she gained experience supporting associates and partners.

Abraham Johns, KL Gates Law Firm, Washington DC, Environmental and Energy Law Attorney

Abraham Johns is an associate at the firm’s Washington, D.C. office. He is a member of the oil & gas practice group.

*Admission is pending in Washington, D.C. / Supervised by David Wochner