- Carbon Harvest Energy
Posted November 10, 2009, 7:53 am by Christina Nielsen, Paralegal
Carbon Harvest Energy's proposal to turn old landfills into no-waste energy producers has been in the news lately, with stories both in the Burlington Free Press and on Vermont Public Radio. Carbon Harvest Energy will be taking a defunct landfill-based methane facility in Brattleboro and turning it into an active, zero-waste, energy-producing facility. According to the Free Press article, the electricity, heat and carbon dioxide produced by the methane-fueled generator will all be utilized. The...
- Standard Offer Docket No. 7533 - Update
Posted October 21, 2009, 1:25 am by Brian Dunkiel, Attorney
Several important updates are provided below on the Vermont Standard Offer program. On October 16th, the PSB issued an Order resolving numerous questions pertaining to how the Standard Offer program will be implemented. One of the key issues ruled upon covers how the SPEED Facilitator is to handle it if applications for projects exceed the limits by energy source provided in the PSB's September 30th Order. The PSB ruled that a lottery system would be used to select projects that submit a timely...
- Will Contests---How to challenge, and how to avoid
Posted October 13, 2009, 11:05 am by Deborah T. Bucknam, Esquire
Will contests are one of the most interesting cases for a lawyer, but one of the most painful for a family. If someone has died leaving a will, the law allows interested parties to contest the will. Interested parties are people who would have inherited if there was no will, such as children and grandchildren, and parties who were beneficiaries of a previous will. For example, if Grandma willed her bank accounts to her favorite charity, then changed her will to give the accounts to her favorite...
- PSB Standard Offer Docket Nos. 7523 & 7533 - Update
Posted October 5, 2009, 3:07 am by Brian Dunkiel, Attorney
On September 30th, the Vermont Public Service Board issued its Order establishing the Standard Offer Program. A copy of the Order can be found here. The copy of the Standard Offer contract can be found here. Here are some key issues resolved by the PSB in the Order: 1. There will be a queue. The details of it will be "worked out" between the PSB and Speed Facilitator. The Speed Facilitator will begin accepting applications at 9am on 10/19, unless the PSB sets a different date. 2. Speed...
- Vermont Public Service Board Establishes Interim Standard Offer Contract Prices; Proposes Schedule For Hearings to Determine Final Contract Prices
Posted September 24, 2009, 3:23 am by Geoff Hand, Attorney
On September 15, 2009, the Vermont Public Service Board ("the Board") issued an Order establishing interim standard offer contract prices for small-scale renewable generators under the SPEED program, as required by the Vermont Renewable Energy and Efficiency Act of 2009 ("the Act") (the subject of two prior posts). The Board adopted default interim prices stated in the statute for all resources except farm methane, for which it established a higher interim price.In addition, the Board...
- Does Adultery Matter?
Posted September 10, 2009, 1:05 pm by Deborah T. Bucknam, Esquire
The answer is no...and yes. In Vermont, one of the grounds for divorce is adultery. In 30 years of practice, I have never seen a judge rule that divorce was granted on the grounds of adultery. This is because in Vermont a divorce can be granted on the grounds that the parties "have lived separate and apart for six consecutive months, and the likelihood of resuming marital relations is not reasonably probable." This is simple to prove, and parties generally are not able to get into court for a...
- OPINION: Vermont Court reform required for Vermont’s neediest children
Posted August 19, 2009, 1:42 pm by Deborah T. Bucknam, Esquire
If a child is abused by his parents, there are two legal avenues to protect the child. One, outlined in Chapter 53 of Title 33 of Vermont Statutes Annotated, provides for the state to take custody and guardianship of the child, and provides a mechanism for reunification or termination of parental rights in an orderly, speedy and understandable process. The other legal process occurs when a family member or family friend, rather than the state, seeks to obtain custody and guardianship. That...
- PSB Standard Offer Docket Nos. 7523 & 7533 - Update
Posted August 19, 2009, 7:29 am by Brian Dunkiel, Attorney
The Vermont Public Service Board (PSB) issued an Order yesterday in the Standard Offer docket resolving certain threshold legal issues. The three threshold legal issues were: Issue 1 -Nature of Docket 7533. In response to concerns raised by a participant, the July 15 memorandum requested comments on whether: (a) the process established in the June 29 Order should be altered; (b) Docket 7533 must be a contested case as a matter of law; and (c) even if Docket 7533 does not need to be a contested...
- U.S. Treasury Department Accepting Applications for ITC Grants
Posted August 3, 2009, 12:40 am by Geoff Hand, Attorney
The Treasury Department and the Department of Energy announced on Friday that they are now accepting applications for grants for renewable energy facilities under section 1603 of the American Recovery and Reinvestment Act of 2009 (ARRA). Section 1603 established the grant in lieu of a tax credits program, which authorizes the Treasury Department to issue grants to renewable energy facilities that would otherwise qualify for the investment or production tax credit (ITC or PTC). The Treasury...
- $54 Million in ARRA Funds Awarded to Four States for Energy Efficiency and Renewable Energy Projects
Posted July 29, 2009, 3:17 am by Geoff Hand, Attorney
The U.S. Department of Energy (DOE) has announced allocations of more than $54 million in funding from the American Recovery and Reinvestment Act to support energy efficiency and renewable energy projects in Nevada, Rhode Island, Vermont, and Wisconsin. Under DOE's State Energy Program, states and territories have proposed statewide plans that prioritize energy savings, create or retain jobs, increase the use of renewable energy, and reduce greenhouse gas emissions. The DOE press release...
- Frequently asked questions about Fees and Costs in Family Law Cases
Posted July 26, 2009, 6:20 am by Deborah T. Bucknam, Esquire
Frequently Asked Questions about Fees and Costs in Family Law cases • How much will my case cost? It depends. In family cases, attorneys charge by the hour, or a portion thereof, for their time, and for paralegal time. The total amount of fees charged depends on the number of issues involved, the amount of discovery, the number of hearings, and the obstructionism of the opposing party. Many of these factors are out of the control of you and your attorney, so it can be difficult to control...
- New Study Suggests that Potential For Wind Power May Be Much Higher Than Expected
Posted July 17, 2009, 6:27 am by Geoff Hand, Attorney
The New York Times Green, Inc. Blog reports on a new study in the Proceedings of the National Academy of Sciences of the United States, which indicates that much more wind power may be available than previously estimated. Researchers at Harvard University reviewed meteorological wind speed data to evaluate the potential for wind energy production around the world and in the U.S. In summary: The analysis indicates that a network of land-based 2.5-megawatt (MW) turbines restricted to nonforested,...
- IRS guidance on claiming a payment in lieu of investment tax credits for renewable energy facilities: Update
Posted July 15, 2009, 10:52 pm by Brian Dunkiel, Attorney
This is an update on energy provisions in the American Recovery and Reinvestment Act of 2009 (ARRA). In this post, we cover the recently released guidance under Section 1603 of ARRA for converting the credit into a direct payment from the U.S. Treasury. Our previous post on the payment in lieu of the ITC is here. The U.S. Treasury recently published its guidance and draft application for claiming Section 1603 Payments. Here is a brief summary of some of the key points. Qualifications: Eligible...
- PSB Standard Offer Docket No. 7523 - Update
Posted July 8, 2009, 8:08 am by Brian Dunkiel, Attorney
As we explained last week, the Vermont Public Service Board (PSB) opened Docket No. 7523 to review the interim "standard offer" contract prices for small scale renewable generators established under the Vermont Renewable Energy and Efficiency Act of 2009 (which was the subject of one of our prior posts). The PSB must complete this review by September 15, 2009. In Docket 7253, the PSB is required to 1) assess whether interim prices stated in the statute constitute "a reasonable approximation" of...
- More Studies on Green Jobs
Posted June 25, 2009, 4:31 am by Brian Dunkiel, Attorney
Following on the heels of a study from the Pew Charitable Trusts we reported on last week at the Vermont Environmental and Land Use Law blog, two more reports from think tanks and environmental groups suggest that clean-energy investments have the potential to kick-start the economy, employ millions of workers nationwide, especially those at the lower end of the economic scale. The Political Economy Research Institute (PERI) and the Center for American Progress provide state-based information...
- Vermont Public Service Board Opens Docket 7523 to Review Vermont Renewable Energy and Efficiency Act of 2009 Interim Standard Offer Contract Prices
Posted June 24, 2009, 8:05 am by Karen Tyler
The Vermont Public Service Board (PSB) has opened Docket No. 7523 to review the interim "standard offer" contract prices for small scale renewable generators established under the Vermont Renewable Energy and Efficiency Act of 2009 (which was the subject of one of our prior posts). The PSB must complete this review by September 15, 2009. In Docket 7253, the PSB is required to 1) assess whether interim prices stated in the statute constitute "a reasonable approximation" of the final prices the...
- IRS guidance on claiming investment tax credits for wind, biomass, geothermal, and other PTC facilities
Posted June 9, 2009, 7:22 am
The 2009 Stimulus legislation (ARRA) permits owners of PTC facilities, such as wind, biomass, and others, to elect a 30-percent tax credit, based on the cost of the facility, at the time the project is placed in service, rather than the 10-year PTC, which is calculated based on sales of electricity. Last week, the IRS issued Notice 2009-52, which explains the process for making this election. The election to claim the ITC in lieu of the PTC applies to the following types of renewable energy...
-
Posted June 6, 2009, 7:10 am by Deborah T. Bucknam, Esquire
Finding a spouse's hidden income during divorce Obtaining an equitable award of spousal maintenance (alimony) or child support depends in large part on obtaining accurate information about your spouse's income. Many people believe that their spouses are hiding income. There are ways to determine income, or to make an educated guess about income that the court will consider in determining alimony or child support. The most common type of income concealment is when a spouse owns his or her own...
- Preparing for the financial side of divorce
Posted May 31, 2009, 4:58 am by Deborah T. Bucknam, Esquire
The emotional issues associated with divorce often overshadow realistic consideration of the financial implications of the breakup of a marriage. Unfortunately, this reality may put one or both parties at financial risk because markets are always changing and financial records can become stale or lost. It is therefore important to address the financial issues early in the divorce proceeding. First step: Preparing Financial affidavit--Form 813 In Vermont, one of the first forms a divorce client...
- Vermont Renewable Energy and Energy Efficiency Act of 2009 to become law
Posted May 28, 2009, 7:27 am
Governor Douglas did not veto the Renewable Energy and Energy Efficiency Act passed by the legislature and so it will become law. We tracked this bill as it worked its way through the House and Senate. According to Renewable Energy Vermont, the statute's components, include: a standard offer price for certain types of renewable energy; clarification that thermal energy fits within the purview of the Clean Energy Development Fund (CEDF); regulatory incentives ensuring utilities can recover...