Renewable Energy Credits As Tax Deductions: Tax Accounting for the Renewable Energy (Electricity) Act 2000

The subject of the presentation is Green Power Marketing for Waste To Energy Facilities. Many WTE projects signed long term energy contracts under the rules of PURPA. Several projects signed short term agreements. In other cases, power contacts were sold or assigned by the original purchaser or the project voluntarily agreed to a buy out. In any case, power markets have changed and are continuing to change. One of the most significant changes is the deregulation of the electricity market. WTE projects are no longer required to sell power to a captive utility. While electricity continues to flow through the same transmission lines, those lines may be owned by a different entity than the power purchaser, and will certainly end up as a transaction cleared by the regional power grid. In addition to “energy” and “capacity”, power can be sold as “green” or “renewable” for additional revenues. WTE power can be sold to wholesale purchasers for resale. Some WTE owners are becoming licensed to sell retail power, or arranging to wheel power to the local government which owns the WTE facility. WTE owners and operators depend on energy revenues to offset capital and operating costs. It is critical to understand how power marketing works. Most importantly, it is incumbent on each WTE owner/operator to make sure that Renewable Portfolio Standards established on the State and Federal level include WTE as a defined and eligible source of power. In the absence of Federal legislation, each State may set its own rules and requirements. Furthermore, States can set a renewable energy requirement for its purchases of energy. The panelists will present clear examples of the above from three points of view: Mr. Larry Plitch is an attorney who spent many years with Wheelabrator, and now markets power for Wheelabrator and other WTE owners. Ms. Robin Davidov is the Executive Director of the Northeast Maryland Waste Disposal Authority in Baltimore, Maryland. The Authority developed and financed three WTE facilities in Maryland, and owns two of the facilities. Ms. Davidov has been managing power sales for ten years, and most recently negotiated an electricity sales agreement with Mirant Americas Energy Marketing, L.P. Mr. Chris Pollatos is a Director with Mirant, and will speak about his experience in purchasing power from WTE and other renewable sources as well as wholesale power sales, including the sale of Renewable Energy Credits.

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