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This blog post is courtesy of our friends at Vote Solar. All ownership and credit is provided to Vote Solar. The official brief can be found here. Background There are approximately 2.3 million current participants in net metering programs in the United States, spanning 49 states and including many investor-owned utilities, electric cooperatives, and municipal utilities. Net metering is a policy that has been voluntarily adopted by state legislatures, state utility commissions, municipal authorities, or electric cooperative boards. Federal law does not require states or other authorities to offer net metering. Traditional net metering is an electric utility billing practice where the utility determines a retail customer’s retail electric bill by allowing electric generation that is sent to the grid to offset or “net” the electricity imported from the grid on a unit for unit (or 1:1) basis. Net metering policies vary widely based on system and program size limits, the length of the billing period to calculate the “net” bill, and the treatment of “net excess generation,” among other elements. Legal Framework for State Net Metering Policy Under the United States Constitution and the Federal Power Act (“FPA”), the Federal Energy Regulatory Commission (“FERC”) holds exclusive jurisdiction over the transmission of electricity and the sale for resale of electricity in interstate commerce. Broadly speaking, any electric generator that is selling its electric output to a utility could be subject to FERC’s exclusive wholesale jurisdiction and rate regulation, preempting a state’s ability to set rates for that generator’s output. However, the Public Utilities Regulatory Policy Act (“PURPA”) gives states reasonable discretion to determine a regulated utility’s “avoided cost” of producing electricity, which sets the upward limit that a utility must pay a PURPA qualifying facility (“QF”) when it is forced to purchase its wholesale electric output. Net metering is a mechanism that determines how much a customer will be billed for retail electric service, which takes into account electricity generated and consumed on the retail customer’s side of the utility meter (a.k.a., “behind the meter”) and any exports to the grid. In a 2001 case, MidAmerican, FERC held that such energy exports did not trigger its exclusive wholesale jurisdiction if the customer-generator was participating in a program to net their retail consumption of electricity from the utility against the production from their onsite generation facility. It was only if there was net excess generation (e.g., generation exceeds the usage of the retail customer over a predetermined interval, such as a billing period) that FERC would exert its jurisdiction and consider the net excess generation to be a jurisdictional wholesale transaction governed by PURPA and the FPA. Since FERC determined that retail “netting” was a retail billing practice and did not constitute a jurisdictional wholesale sale, most states have adopted a net metering policy by statute or regulation and many electric coops and municipal utilities have created voluntary programs for members. Current Challenge to Legality of State Net Metering Policy On April 14, 2020, an organization filed a petition asking FERC to reverse its MidAmerican decision and to invalidate all net metering statutes and regulations across the continental United States. The petition does not call out any specific state implementation of net metering, but asserts that FERC must assert wholesale jurisdiction over all electricity exports from net metered facilities and cap the value of exports at the utility’s avoided cost. In effect, the organization is seeking to make electricity generation by individual customers—most commonly through rooftop solar panels—regulated as if they are large, commercial power plants. If FERC grants the petition… ● Approximately 2.2 million homes and 100,000 other customers, across 49 states, will see increased electric bills due to the loss of net metering ● Existing net metering customers may lose legacy rights granted by state regulators to continue net metering for some period of years into the future ● Individuals and small enterprises with net metering systems will be exposed to new tax liabilities, forcing them to pay taxes on the energy they generate for the grid’ Currently, netting of exports is not generally considered taxable (see, for example, the South Carolina Department of Revenue Ruling 10-10) ● State public utility commissions and a range of stakeholders across the country could be required to convene resource-intensive technical investigations to determine avoided costs—a major burden and distraction for state governments that are already facing an ongoing pandemic and economic crisis ● Status quo in the state-federal jurisdictional divide for energy policy and regulation would be disrupted. State legislatures and utility commissions would lose policy flexibility to design retail distributed generation and distributed energy resource programs, potentially hampering ongoing utility grid modernization efforts and many other programs administered by states. If FERC refuses to grant the petition… ● States will continue to have retail rate authority to evaluate the rate making impacts of net metering and to take all measures necessary to ensure just and reasonable rates for all ● Customers will continue to have an avenue to invest in onsite solar and to help support the building blocks of a modern, resilient, and affordable grid of the future. Next Steps On April 15, 2020, FERC issued a procedural notice in the docket (Docket No. EL20-42-000). FERC set a deadline of May 14, 2020 for all comments and interventions.

We sat down with our longtime business member and 2020 organizational sponsor, ecoCFO to learn more about the company and their unique experience and offerings! Location – Portsmouth, NH Length of time in business – since 2013 Number of employees - 5 employees Website: https://www.ecocfo.com/ What is ecoCFO's mission? What, how, and why? ecoCFO is the outsourced CFO and accounting department for our cleantech, renewable energy, and nonprofit clients. We take care of their financial needs, allowing them to focus on providing solutions to tackle climate change and the environmental crisis. Our core competency is building finance and accounting infrastructure with a balance of simplicity and sophistication to support our clients' core mission - whether it's tech development, project development/construction/operations, R&D, or advocacy - all within the Cleantech space. Why? We believe not only in the mission of the industry, but also that there are incredible economic opportunities to be unlocked by some of the smartest problem solvers on the planet. We are not engineers, scientists, electricians, or PhDs, but we believe we can make the greatest impact on the mission of cleantech by aiding them with strong financial planning, accounting operations, and infrastructure. We've identified this need in cleantech startups as it is often overlooked by founding leadership teams, and the economic viability of cleantech and renewable energy technology companies is vital. They need the back-office infrastructure and all the controls in place to be in compliance with the IRS, investors, and government agencies. They need this in order to do all the wonderful things that cleantech companies do. It's essential, especially during these uncertain times, for a cleantech business to have a solid financial base to continue to innovate and grow. Our team members have expertise with venture capital-funded startups, state and federal energy regulations, financial planning and analysis, cash flow forecasting, financial reporting, and business systems and controls. We understand that it can be cost-prohibitive for startups or SMBs to hire a full-time CFO and accounting department and that most of these companies do not have founding members on their teams with that skill set. To fill that need, we provide lower-cost, expert consulting to get these companies started, and build finance and accounting infrastructure that resembles companies further along in their life cycle so that it's not an inhibitor as they enter high growth mode. Describe what the company does for its clients: We provide outsourced CFO services, accounting, and strategic planning for our clients. We offer financial planning and analysis (FP&A), cash flow forecasting, budgeting and reporting, guidance during capital raising and M&A activities, implementing accounting systems and controls, board and investor reporting, as well as manage the audit and tax process with external CPA firms. We are the finance and accounting department for our clients. Our clients are creating incredible technologies that are moving us toward the clean energy, circular economy. That's half the challenge. They also need to run viable businesses. That's where we come in. We create from scratch and run their back-office systems, controls, and processes. We've been serving the needs of clean technology and renewable energy companies for years, bringing together the right team of financial and accounting experts with in-depth industry knowledge and technical skill. We help businesses take advantage of federal and state incentives and tax credits, wade through existing regulations, and plan out a strategy for the future. Moving from operational growth to liquidity requires strong financial management and accounting excellence. Companies need to demonstrate strong financial controls and acumen. ecoCFO puts these procedures and controls in place for our clients so that we can meet the expectations of the board members, investors, partners, and potential acquirers. What sets ecoCFO apart from other financial service companies? Not only do we have deep expertise and years of experience in financial services, accounting, and federal and state regulations, we also have real and practical experience with solar, wind, hydro, CHP, as well as energy storage development, financing, construction, and asset management. We have done work in water and wastewater treatment, waste management and recycling, EVs and batteries, sustainably produced materials, and with various cleantech nonprofits. Cleantech companies have specific requirements from a financial and regulatory perspective, and this has a significant impact on both short and long term financial and strategic planning. Because of that, we do much more than the accounting for these companies. We run large projects for some of our clients and have deep relationships with the key players in the industry. Our clients are funded by groups such as the Department of Energy, Clean Energy Venture Group, Breakthrough Energy Ventures, Saudi Aramco, Flagship Ventures, Volta, Intel, Applied Ventures, Hegemon, Braemar, Prelude, Blackrock, Credit Suisse, NYSERDA, MassCEC, and now more than ever, the SBA. We know what controls and systems they will need. We also know how to connect these companies with the vendors, lawyers, VCs, CPAs, and auditors that have cleantech expertise as we've worked with them for years. Are there any new/popular services or items you want to highlight? We are working very closely with our small business clients to make sure they apply for (if eligible) and receive all the federal and state loans and grants available to them during the COVID-19 pandemic. The CFO's role at a time like this is essential. We have run countless cash flow forecasts and scenarios in the last 2 months in an effort to plan and prepare for possible outcomes. Over the previous 6 months, 5 of our companies have executed A or B round financing events, so we have been busy building countless financial models and populating data rooms to support those negotiations. I'd say the last six months have been one of the busiest times, as we kicked off annual budgeting for the upcoming year, and then rolled right into audit and tax season. We have a couple of hundred reporting entities and project companies that are subject to audit requirements, so working through that is a significant undertaking for all involved. Challenges What are some challenges facing the clean energy/cleantech industry that you feel are most important to address? I think we all have our eyes on oil and gas prices, spark spreads, and COVID-19 right now. It's truly a unique and challenging time. When these massive federal bills are passed, it gives me pause as we are racing to digest all of this new information without clear guidance on the possible drawbacks. I feel a potential challenge or drawback to the SBA programs is that there will be tax breaks or other favorable laws afforded to us in the future that those who received PPP loans will be deemed ineligible. That may very well be fair, and we often make short term decisions at the expense of long term upside; however, in this situation, we probably don't know what those long-term sacrifices are yet. It's all moot, though, if someone is in a position where taking PPP is your last line of defense to ensure the business outlasts the pandemic. The economic slowdown caused by the fight against the coronavirus is taking a toll on parts of the cleantech and renewable energy industry the same way that it's affecting the rest of the economy. We all need to pull together to make sure that the cleantech and renewable energy businesses in New Hampshire make it through this period and come out the other side ready to grow and continue our mission. What do you want potential future clients to know about ecoCFO? We speak your language of acronyms and know the impacts they have on your businesses. Whether it's ITC, RECs, MACRS, NPDES, DPU, PUC, or any other number of them, we're right there with you. Secondly, it seems counterintuitive, but we look forward to the day you hire full-time finance and accounting staff. We will even help you do it because it means it's another success story for us where we supported you to the point that you've grown enough to justify it, and we helped you get there. In the meantime, outsourcing your finance department is an excellent way to both reduce the cost and time of handling it in-house. At the same time, you also gain specialized cleantech & renewable energy industry expertise from our experiences elsewhere. CENH involvement Why does ecoCFO support Clean Energy NH? Our mission aligns well with Clean Energy NH. We are committed to working with companies that are building an eco-friendly future for the state. We are devoted to making sure these companies succeed by providing our financial expertise in tandem with the advocacy work that CENH does on behalf of its membership. There are viable, lucrative economic opportunities for businesses in New Hampshire that are untapped. There's an opportunity to create jobs and wealth for the founders and social wealth for everyone in terms of a cleaner environment. Both Clean Energy NH and ecoCFO are looking for ways to support this goal. What would ecoCFO say to potential new members? It's never too late to make a difference. Clean Energy NH provides a valuable educational service to the state, making sure that these issues are front and center in the business community. Its track record of success and impact is unparalleled in the last five years, and its potential for more significant impact is not limited by skills or capabilities, but rather the financial means to take on additional dockets, initiatives, and policy interventions. New Hampshire Why does ecoCFO like being based in the Granite State? We have it all here. With the White Mountain National Forest, the Appalachian Trail, Lake Winnipesaukee, and of course, the Beaches. You can feel like you're on vacation with a 15-minute drive no matter where you live. It's an ideal state for anyone who loves the outdoors, and it's a great setting to raise a family and for this kind of business. Plus, the craft beer scene just keeps getting better. Are there things the state can do to be more encouraging or welcoming to the clean energy/cleantech industry? It is estimated that 21 percent of electricity in the United States will come from renewable sources this year, up from 10 percent in 2010. But as a state, NH is lagging far behind, providing only about 1 percent of energy from renewable sources. We don't want to miss out on the jobs and the economic boom that will eventually come from this section of the economy. We encourage our state government to reconsider net metering for the solar industry and for everyone to reach out to our senators and US Representatives to include the renewable energy industry in the next round of COVID-19 relief programs. Learn more and connect at www.ecocfo.com!

Over the last several years the New England region, along with the nation, has witnessed a maturing and evolving clean energy and clean technology, or cleantech, industry. Cleantech jobs have expanded greatly with new businesses opening their doors and hiring a full range of skilled employees around the state. New Hampshire is no exception and Clean Energy New Hampshire (CENH), the state’s leading clean energy and cleantech educator and advocate, is thrilled to release a key report highlighting positive growth in the industry and confirming a total of 17,000 employed in cleantech within the Granite State as of the end of 2018. CENH is proud to release the 2019 New Hampshire Clean Energy and Employment Report. “We’re excited to release this report to provide an update to our 2014 Cleantech Market Report and further showcase the significant strides this industry has made in our great state,” says Michael Behrmann, Director of Business Development at CENH. “This report is a step forward for the Granite State as we begin discussing impactful ways to respond to the current economic challenges and what industries may deliver enhanced results with focused support coming out of the pandemic. The cleantech industry has continued to show growth throughout different industry sectors and can serve the citizens and businesses in this state extremely well by expanded energy independence, use of clean fuels, and greater workforce and economic growth. Cleantech is a general term applied to innovative technologies, products, and services that enhance performance in the energy, construction, utility, transportation, and waste industries, usually focused on energy applications. Jobs in cleantech range from clean energy installers and energy efficiency contractors to those involved with financing and legal aspects as well as advanced manufacturing, consulting, and software development. The cleantech sector is a rapidly expanding global industry and provides desirable well-paying jobs for NH’s residents. CENH, working with numerous stakeholder organizations in the state, hopes greater attention and investment can be brought to this dynamic industry in the years to come. Greater understanding of the value of this industry to the state can inform policies and state action to encourage growth and foster a favorable business climate. As employers and employees who work in the state look to an unknown economic future, cleantech can help us successfully rebound from the pandemic more quickly, all while providing well-paying jobs and bringing about a successful transition to a local, clean economy. The complete report can be accessed via the Clean Energy NH Homepage!

Electric transmission infrastructure: you know, those large steel towers and cables you see crisscrossing I-93 on your way up to the mountains or down to Boston? Much like the smaller poles and wires distributing power to every home and business, these omnipresent scaffoldings tend to go unnoticed during our daily commutes. The average citizen gives scarcely a thought to transmission towers, neither recognizing them for the essential daily service they provide, nor thinking critically about the role they play in driving the cost of electricity for New Hampshire ratepayers. But if New Hampshire doesn’t start thinking critically about transmission infrastructure, and the associated costs, it is going to be left holding a bag with a multi-million dollar price tag while looking around at its neighboring states and wishing it had seen the writing on the wall. The Independent System Operator for New England’s electric grid, ISO New England, forecasts that each of the New England states, with the exception of New Hampshire, will experience declining annual peak load over the coming ten years. This is an important finding because our regional electric grid divvies up transmission costs among the six New England states based upon each state’s share of the total peak load. In other words, while Vermont, Maine, Massachusetts, Rhode Island, and Connecticut take steps to reduce their annual peak demand for energy, and thus reduce their share of the cost of the transmission system, transmission costs for New Hampshire are headed nowhere but up (see Figures 1 and 2). That is, unless policy makers start implementing solutions. The good news is that solutions are becoming more readily available. Figure 1 – NH is the only New England state forecasted to have peak load growth Figure 2 – NH is forecast to continue to increase its share of peak & capacity costs Energy efficiency and distributed energy resources including solar and energy storage lessen the need for energy coming across the transmission lines from centralized power plants. This is especially the case on days when the demand for energy is at its highest. Peak energy events in New England tend to occur in the mid- to late-afternoon during summer heat waves when air conditioners across the region are cranking away at full blast. Fortunately, these hot summer days also happen to be when distributed solar is generating the most, oftentimes right at the site where the energy is needed. Distributed solar can be a valuable tool to help reduce New Hampshire’s peak demand and lower the high cost of transmission infrastructure. When it comes to mitigating rising transmission costs, more distributed generation is a good start. But policymakers can do more to better guide the deployment of solar and other more versatile technologies like energy storage. The Liberty Utilities Residential Time-of-Use Energy Storage Pilot program, which was approved by the Public Utilities Commission on January 17, 2019, is one example of the policy and regulatory innovations that can be used to solve New Hampshire’s transmission problem. In short, the pilot will deploy up to 500 batteries in residential homes. Each recipient will enroll in a Time-of-Use rate under which they will charge their battery at approximately $0.07 per kilowatt-hour at times of low demand, which is less than half the typical price. The battery then supplies the energy needs of the customer at times of high demand, allowing the customer to avoid drawing power from the grid when the Time-of-Use rate is closer to $0.36 per kilowatt-hour. The customers save money on their electric bill, and all Liberty customers save money on transmission. Net metering, distributed generation, Time-of-Use rates, and energy storage – these policies and technologies present readily available solutions to the problem of growing transmission costs in New Hampshire. It’s time for New Hampshire to start thinking critically about how best to harness them. *Charts courtesy of Clifton Below*

Energy storage is coming to New Hampshire! Well, at least for a small subset of Liberty Utilities electric customers. In January 2019, Liberty Utilities received approval from the New Hampshire Public Utilities Commission to roll out a cutting-edge energy storage program for selected residential customers. Over the coming year, Liberty will install and own between 100 and 200 Tesla Powerwall battery packs in residential homes. What makes this storage program especially innovative is the accompanying time-of-use rate that each participating customer will enroll in. The time-of-use rates send a price signal to the batteries, directing them to shift energy consumption away from times of high cost to times of low cost. Under the new rates, customers will charge up their batteries overnight at about $0.07 per kilowatt-hour (kWh), less than half the typical price of electricity. Then, between 3pm and 8pm, prices jump up to approximately $0.36 per kWh, roughly double typical pricing. During these “critical peak periods” when demand for energy is high, the battery will power the customer’s home and the customer can avoid drawing expensive power from the grid. As a result of this kind of storage-enabled load shifting, customers can save money by buying cheaper, off-peak power, and Liberty Utilities can save money by reducing stress on the system when demand for energy is high. This saves money for all Liberty Utilities customers, not only those with home batteries! The program gets even more interesting for participating customers with solar-powered homes. Customers with solar arrays can use the sun to charge up their batteries. Then, when the 3pm-8pm critical peak comes around, excess solar can be exported to the grid when the grid needs energy the most. Think of it as a better way deploy solar as a grid resource. It’s called “dispatchable solar” because the battery allows for solar energy to be dispatched on command. While the Liberty Utilities Pilot is for residential customers only, New Hampshire’s other electric utilities have plans to achieve similar demand reduction goals. As part of their NHSaves energy efficiency program offerings, Eversource and Unitil will be committing $343,765 toward developing “demand reduction initiatives” for their commercial and industrial customers. These pilots will not necessarily involve energy storage and time-of-use pricing, but the goal is the same: reward energy users for shifting consumption to times of low cost. Efforts to reduce energy costs with energy storage, load shifting, and creative policy approaches are spreading across New England. Massachusetts recently became the first state to make energy storage an eligible technology to receive energy efficiency funding through Mass Saves, the counterpart to NHSaves energy efficiency programs in New Hampshire. The Liberty Storage Pilot may be small, but it is significant. If Liberty’s approach proves successful, the program will be expanded to allow for competitive market actors to provide energy storage solutions to customers who wish to take advantage time-of-use pricing. This essentially means you could “bring your own” energy storage system to participate in the program instead of Liberty owning your battery. The pilot gives us a glimpse into the future of the electric grid, and it is looking good for customers who want innovative solutions to their energy challenges.

The cornerstone of clean energy policy in New Hampshire is broken. But this legislative session, SB72 presents an opportunity to fix it. New Hampshire is one of twenty-nine U.S. states that have implemented a Renewable Portfolio Standard (RPS). These state-level policies have been responsible for roughly half of all growth in U.S. renewable electricity generation and capacity since 2000.[1] New Hampshire’s RPS is a policy that obligates electricity suppliers (e.g., distribution utilities like Eversource, Unitil, and Liberty Utilities) to acquire a certain percentage of their electricity mix from renewable energy sources every year. Renewable obligations are divided into four categories: · Class I – New Renewable Energy · Class II – New Solar · Class III – Existing Biomass / Methane · Class IV – Existing Small Hydro The table below depicts the annual obligations of electricity suppliers across these categories. RPS Compliance There are three ways electricity suppliers can comply with renewable energy obligations under the RPS: 1. Buy Renewable Energy Credits (RECs): Every megawatt-hour of electricity generated from a renewable energy system produces a REC: a certificate acknowledging its potential contribution to the RPS. Electricity suppliers can purchase RECs from homeowners, businesses, municipalities, or any other owners of renewable energy systems to comply with RPS obligations through the REC market. 2. Pay Alternative Compliance Payments (ACPs): Instead of purchasing RECs, electricity suppliers can pay into the state Renewable Energy Fund. The Public Utilities Commission uses money generated by ACPs to fund rebate programs for residential commercial, municipal, and low-income renewable energy projects. 3. Build renewables: due to hefty regulatory challenges, this option is scarcely utilized. The REC Sweeping Loophole – A Vicious Cycle Not all owners of renewable energy systems follow the necessary bureaucratic protocols to register and sell their RECs. “REC Sweeping” is a loophole in the RPS that allows electricity suppliers to “sweep up” unregistered RECs without paying the owners of the systems that generated them. This surplus of “free” RECs distorts the market by causing REC prices to collapse. REC prices in New Hampshire are incredible low right now (less than $10, if not less than $5). The low price of RECs is both a symptom of REC sweeping, and the cause of REC sweeping. Because prices are so low, many residential and small-scale systems do not bother to register and sell their RECs, which lead to an even greater surplus of free RECs and even lower REC prices. Figure 1 depicts the vicious cycle of REC sweeping. The Solution – SB72 SB72 closes the REC sweeping loophole that allows utilities to take unregistered RECs from renewable energy system owners at no cost. Contact your legislator and urge them to support SB72 in order to fulfill the original intent of the RPS and allow the market to function as designed! [1] Barbose, L. (2018). “U.S. Renewable Portfolio Standards: A 2018 Update.” Berkley Lab: Electricity Markets Policy Group. Retrieved from: https://emp.lbl.gov/publications/us-renewables-portfolio-standards-1

If someone were to quiz you on three energy buzz words, you might think you solved the test by proudly exclaiming “non-wires alternatives!” In this case, you’d be wrong. Our February Clean Energy NH member spotlight claims the top three energy buzzwords: Freedom Energy Logistics. Dissecting each word of the company’s name provides a solid overview of their work. “Freedom” can refer to the company’s consulting and procurement services that help its clients choose energy options that suit their cost preferences and renewable energy priorities. “Energy” can refer to the company’s unique methods of electricity and natural gas supply purchasing, as well as their renewable energy options. “Logistics” can refer to the way they advise their customers on ‘how and when’ to intelligently purchase electricity. Add these three buzzwords together and you have Freedom Energy Logistics, twice named to the INC 5000 list in 2017 and 2018. Founded in 2006, Freedom Energy Logistics has fourteen years of experience serving some of the region’s largest manufacturers, municipalities, and businesses. As an energy management firm, Freedom’s 25 employees help clients make the most cost-effective decisions on where to source power. Some of those 25 employees are young energy professionals, welcomed into the “Freedom Family” from partnerships with local colleges and universities. Freedom sees it as their corporate responsibility to help develop the future work force and leaders of New Hampshire by investing and empowering their employees to better themselves, refine their skills, and ultimately advance their careers. Freedom earned the “Coolest Company for Young Professionals” in 2018 by Stay, Work, Play. Headed by father-son team August (Gus) and Bart Fromuth, Freedom Energy Logistics joined Clean Energy NH in 2020 after serving as the Premier Sponsor of the 2019 Local Energy Solutions Conference, the state’s largest conference for clean energy. Freedom offers a range of “green energy” services for clients seeking to reach renewable energy goals. These include efficiency upgrades (through partners offering efficiency services), direct-to-green/virtual net metering, a unique power-purchasing agreement between clients and local renewable generators, and green energy contracts. Freedom also offers services relating to another three-term energy buzzword: Community Choice Aggregation (CCA). Under CCA, local governments can procure and provide electricity to their residents and businesses on a competitive basis. CCA programs can harness private sector innovation to lower costs for customers and provide other energy services. Clean Energy NH is proud to work alongside members like Freedom Energy Logistics to provide important education and technical assistance for the future of CCA. Learn more about Freedom Energy Logistics on their website, www.felpower.com.

New Hampshire is privileged to host the headquarters of several top law firms, and Clean Energy NH is even more privileged to have the very best of the best as members, including the law firm of Primmer, Piper, Eggleston, and Cramer (PPE&C). With offices in Manchester, Portsmouth, and Littleton as well as several offices in Vermont and Washington D.C., PPE&C’s team of attorneys is well-suited to serve clients in the renewable energy industry and beyond. PPE&C is a full-service law firm that can assist clients with virtually every business-related issue, including the oftentimes complex area of taxation. In fact, they been awarded “Best Tax Law Firm” for the past three years in a row in VT. Nicole Bodoh is a member of the taxation team, and she brings a wealth of knowledge and experience in both federal and state tax issues to assist her clients. “I enjoy working with a diverse group of clients, some of whom are local and some of whom aren’t based in the state,” says Nicole, who has been with the firm for six years and is licensed to practice in NH, VT, MA, and PA. “Our firm can assist businesses of all sizes with regulatory issues, corporate and governance issues, mergers and acquisitions…we do it all!” Nicole’s specialty is tax law. “There tends to be a lot of confusion regarding New Hampshire tax laws. It’s a unique state because there is no income tax, but the state does have complex businesses taxes with requirements that some may not be aware of. New Hampshire tax laws can be very different from the federal level or even those of other states.” It’s for these reasons that Clean Energy NH will be hosting an event sponsored by PPE&C on May 23 at the UNH School of Law in Concord on “Renewable Energy Taxation 101”. Featuring attorney Nicole Bodoh from PPE&C and several other topic experts, the event will provide an overview of various tax issues and attendees will leave with a better understanding of the complex world of taxation. Registration is available online here. For Nicole, the topic is one that never fails to spark her professional interest. “It’s like putting together pieces of a puzzle,” Nicole says of her work negotiating contracts and working with her business clients, a task helped by her previous experience working as an English-as-a-second-language teacher and helping students with interpretations. PPE&C also serves clients in the energy, utility, and environmental spheres. Clean Energy NH has worked with another of the firm’s top attorneys, Elijah Emerson of the Montpelier, VT office, in our regulatory initiatives at the Public Utilities Commission. Says Eli about working with Clean Energy NH: “I love working with CENH and its members because it invigorates me and reminds me why I became a lawyer – to help people make the world a cleaner, better place.” Learn more about Primmer, Piper, Eggleston, & Cramer and connect with their attorneys here!

Clean Energy NH (CENH) is closely monitoring the status of discussions for state and federal aid to various industries to alleviate impacts caused to our economy by the COVID-19 pandemic. At this time, oil prices are down dramatically. Fossil fuel interests are calling for a bailout in the form of a major purchase by the federal government, and likely more. Fossil fuel interests are well-positioned with funding and lobbyists to influence government spending. The clean energy industry, however, also deserves attention and aid from the federal government. As the pandemic has developed, we have witnessed solar energy projects being delayed or cancelled. Many projects are facing supply chain or workforce issues, coupled with the difficulty of receiving timely permitting and inspections. Energy efficiency contractors are unable to perform critical weatherization work or energy audits, forcing drastic layoffs and threatening the future of the energy efficiency workforce. Offshore wind efforts cannot host public meetings or continue coordination among stakeholders, dragging out already prolonged project timelines and threatening project viability. The list goes on and on. All told, the clean energy industry employs hundreds of thousands of Americans, larger than the fossil fuel industry, and contributes hundreds of millions of dollars to our nation’s economy. It is in our nation’s interest to support the clean energy industry as a smart investment in our energy future. Federal support for many renewable energy technologies is already in place in the form of the Investment Tax Credit (ITC). The ITC is in the process, however, of being permanently phased out. The continuation and expansion of this important program is something CENH sees an opportunity to support clean energy during this time of economic downturn.. As one example, by extending the ITC for the next 5 years and re-instituting the grant in lieu of tax credit, as well as expanding eligibility for energy storage, electric vehicles, advanced biomass heating technology and other technologies, the federal government can provide a simple and cost-effective stimulus. The federal government can also play a vital role in providing stimulus to energy efficiency efforts.. The energy efficiency sector added more new jobs in NH in 2019 than any other energy sector but is now facing some of the largest layoffs. While the short-term business loan program is helpful, the federal government can help this sector by expanding energy efficiency tax credits and instituting an efficiency and conservation block grant program, similar to that of the 2009 stimulus. This will ensure long-term support for the industry after the pandemic. What You Can Do Today! CENH is calling on our members and supporters to encourage our Federal delegation to prioritize these items as Congress considers further economic stimulus. Please contact Senators Hassan and Shaheen and your US House Representative. A phone call is best and only takes about one minute but can make a huge difference. Ask them to push for the inclusion of the policies described above in the next round of economic stimulus. It is critically important at this time to support renewable energy, clean transportation, and energy efficiency as we begin the long road ahead of economic recovery. You can find their contact information here; https://www.usa.gov/elected-officials. Thank you!

On December 12, the Bureau of Offshore Energy Management (BOEM) hosted the first Gulf of Maine Intergovernmental Renewable Energy Task Force Meeting at the University of New Hampshire. This meeting was the kick-off for the new Task Force, which includes members of state agencies, state and local officials, and tribal representatives from Massachusetts, New Hampshire, and Maine. Governor Sununu opened the meeting and expressed great interest and enthusiasm for the Task Force’s work and the future of the offshore wind industry in the Granite State. Furthermore, the meeting was standing-room only, demonstrating the deep interest of stakeholders and members of the public in offshore wind energy. Clean Energy NH was present at the Task Force Meeting and has compiled some highlights below. If you missed the meeting or want to learn more about any of the items described below, BOEM will be posting all of the day’s presentations online here: https://www.boem.gov/renewable-energy/state-activities/gulf-maine-intergovernmental-renewable-energy-task-force-meeting The Task Force provides a mechanism for coordination with stakeholders. The purpose is to provide a platform for information exchange, as the Task Force is neither a decision making nor approval body. A final charter will be finalized and released after January 3rd. The process for offshore wind energy development is as follows, with approximate length of time for each stage of the process: · Planning & Analysis (up to 2 years) · Leasing (1-2 years) · Site Assessment (approximately 5 years) · Construction & Operation (2 years) Activities involved during these phases include identifying lease areas, environmental review, sale notices, comments, and auctions, site characterization surveys and site assessment plans, and engineering reports. See BOEM’s presentation for a helpful chart describing each phase, the associated work to be completed during each phase, and sample time frames. This means New Hampshire could see offshore wind projects in approximately 10 years. However, the state has the ability to prepare and benefit from economic development in the very near future through offshore wind supply chain development. Representatives from New Hampshire, Maine, and Massachusetts presented on each state’s renewable energy goals and perspectives on offshore wind development. Agencies in New Hampshire that are very involved in offshore wind include the Office of Strategic Initiatives and the Department of Business and Economic Affairs, and representatives from many others are involved with the Task Force to ensure economic and environmental interests are well-represented. All meetings of the Task Force are open to the public, who were permitted to state comments during a portion of the meeting. Stakeholders representing Eversource, IBEW, commercial fisherman, and climate advocates expressed their views. Comments were overwhelmingly positive although a few stakeholders expressed concern and caution for how development could impact fishing interests and wildlife. An important resource for offshore wind environmental impact literature is called “Tethys” and can be accessed at https://tethys.pnnl.gov/institution/boem-office-renewable-energy-programs The meeting continued with presentations from Task Force members including the Navy, Coast Guard, National Oceanic & Atmospheric Administration, National Marine Fisheries Service, NOAA Coastal Zone Management, Northeast Regional Ocean Council, New England Fishery Management Council, and Responsible Offshore Development Alliance. Information was also presented by the U.S. Department of Energy. The next meeting of the BOEM Task Force has not yet been scheduled. Clean Energy NH will send an update when the next meeting is scheduled, and we encourage our members and supporters to attend meetings if they are interested in offshore wind!

“As I read the @NHPUC grid mod document, I find myself wondering if the whole paradigm isn’t too utility-centric – focused on ‘what can we encourage the utilities to put into rate base?’ rather than ‘how can we transform utilities into platform providers?’” –D. Maurice Kreis, The Consumer Advocate The new Public Utilities Commission report on electric grid modernization envisions a 21st century energy grid designed around distributed energy resources (e.g., solar, storage, electric vehicles, load management, smart meters, and synchronization of these and other technologies). The question remains: will the market or the monopoly be the path taken into the distributed energy future? While the report calls for broad stakeholder input from customers and energy service providers, much of the framework offered revolves around integrating elements of grid modernization into existing five- and ten-year distribution system plans which are utility focused, lead, and driven. The report gives less attention to the potential for market forces, enabled by smart rate design and time-based price signals, to stimulate competitive investment of private capital to achieve the goals of grid modernization. There are two schools of thought on the best approach to grid modernization: 1. Customer-Centric: the Competitive Market Approach 2. Utility-Centric: the Central Planning Approach In the end, both of these paths will have a role to play in modernizing our electric system. That being said, thus far in New Hampshire, the competitive market has been responsible for nearly all distributed energy resource deployment. Over the past decade, market forces have succeeded in establishing a robust and growing distributed solar industry, which is already delivering benefits to more than 12,000 homes, businesses, and municipalities. Customer-Centric Grid Mod: The Competitive Market Approach The success of the solar industry is a result of the simple but effective price signal established by net metering, the policy that allows owners of distributed generation to receive credit from their utility for electricity fed into the electric grid. Net metering has been invaluable in developing New Hampshire’s local energy economy, but the realization of a fully modern electric grid will require a more sophisticated form of net metering. Distributed energy generated during the late afternoon is more valuable than distributed energy produced mid-morning. This is because overall demand for electricity, and stress on the electric grid, is generally greater in the late afternoon. Despite these differing values, current net metering compensates distributed generation (e.g., rooftop solar) at the same rate regardless of the time of production. Innovative rate design is one critical component of leveraging competitive markets to modernize the electric grid. For example, net metering can be modernized to compensate distributed generation based on how valuable that electricity is given the time of production, a practice known as “time-variant” or “time-of-use” rate design. Offering customers time-based rates for both for consumption of electricity, and as compensation for distributed generation, will allow market forces to better deploy distributed energy resources to the benefit of the individual user and the ratepayer generally. For example, time-based rates can motivate customers to pair their solar with energy storage, which would enable them to strategically discharge stored solar energy when the grid needs it most. Beyond time-variant rates, peer-to-peer energy trading, Non-Wires Alternatives (utilizing distributed energy resources to avoid traditional utility investments in sub-stations and the like), and data access and transparency are all necessary components of a modern electric grid. Utility-Centric Grid Mod: The Central Planning Approach The new Public Utilities Commission Staff report on grid modernization acknowledges that competitive markets, guided by time-based price signals, have a role to play in bringing our electric grid into the 21st century. However, the lengthy report exhausts most of its focus exploring the central-planning approach to grid modernization. The report recommends utilities submit Integrated Distribution System plans that include 10-year roadmaps of how the utility plans to achieve grid modernization objectives and 5-year capital investment/operational expense plans. These Integrated Distribution Plans will be added to an existing planning process known as Least Cost Integrated Resource Plans. The plans will address a series of complex forecasts and analyses including distributed energy resource forecasting, load forecasting, hosting capacity analysis, and locational value analysis. The plans will address distributed energy resource interconnection and strategic electrification. The plans will include performance metrics, opportunities for utilities to earn revenue based upon their successful implementation of grid modernization objectives. Conclusion Markets tend to move faster than regulators, which is why for the most part, competitive businesses are deploying modern grid solutions at a faster rate than utilities. This is not to say utilities will not play a critical role in modernizing the grid. They most certainly will. The risk is that in the quagmire of the slow-moving regulatory arena, the opportunity of market approaches to grid modernization will be overshadowed by an approach that relies too heavily on utility-led initiatives. Clean Energy NH favors a balanced approach to grid modernization, one that empowers utilities to implement new technologies while also creating opportunities for businesses and residents to invest their private capital in innovative energy solutions.

If you’re on the hunt for a partner in government relations and public policy and the magic words “elite”, “experienced”, and “exceptional” are on your wish list, then look no further than member Preti Strategies. Featuring talented employees that love and know the Granite State inside and out, Preti Strategies can provide you with a diverse toolbox of government relations, advocacy, and communications services. Based in Concord, Preti Strategies works with a variety of clients, developing a strategic approach that best reflects their unique policy positions and priorities as they develop over the course of an engagement. In New Hampshire, the Preti Strategies team includes two former lawmakers from each side of the aisle and access to an extensive network of relationships developed over decades of legislative work. Whether you’re looking for a partner in state, federal, and local government affairs, strategic communications, public affairs, or grassroots and community relations, Preti Strategies can develop the strategic approach that meets your needs. The firm has extensive experience in energy-related government and public affairs and understands the complex and rapidly-evolving energy policy landscape. Clients can also benefit from Preti Strategies unique ability to, in partnership with their affiliated law firm Preti Flaherty, offer an integrated multi-state approach to government relations. As members of the former NH Clean Tech Council (NHCTC), now rebranded under the Clean Energy NH banner, Preti Strategies has been a valued, engaged member since 2017. The firm’s commitment to New Hampshire and to energy solutions was evident when members of the team joined NHCTC’s October 2018 international trade delegation to Denmark for offshore wind supply chain development. This event helped spur the Granite State’s forward movement in the offshore wind industry. “The team at Preti Strategies is fantastic to work with,” says Michael Behrmann, lead organizer of the Denmark trip and Director of Business Development at Clean Energy NH. “They truly bring an unparalleled level of experience and initiative to the table.” Learn more about the firm, the team, and their services online at www.pretistrategies.com.