Federal Energy Experts Release Paper Outlining Roadmap for Federal Agencies to Successfully Implement Climate, Resilience Goals

WASHINGTON, May 11, 2021 /PRNewswire/ -- Seth Kirshenberg of Kutak Rock LLP and Brian Oakley of JLL have released a paper entitled "Roadmap to Implementing Climate and Resilience Goals: Federal Agency Solutions." The paper is designed to assist the federal government to meet the goals of the Biden Administration's Executive Order 1408 (EO 1408) addressing the threat of global climate change.

"Federal procurement can be a powerful initiative to drive, among other activities, greater adoption of carbon-free energy sources by federal agencies," Kirshenberg and Oakley point out in their paper. "As the largest power purchaser in the country, the federal government affects the types and cost of power available for the entire United States and can potentially increase the market for carbon-free electricity."

The Biden Administration has indicated it will move forward with significant federal purchasing of carbon-free power. The key to implementing the policy will be whether individual federal agencies, especially those with large power requirements, will implement the policies quickly and on a large scale. 

The authors outline tools, processes and recommendations for federal agencies to facilitate energy projects as they move from concept through to procurement, including strategies for negotiation, development, finance, construction and implementation including:

Recommended improvements to legal authority

• Empower Agencies to authorize PPAs for up to 40 years
• Clarify legal authorities and the use of federal power marketing agencies
• Address needs of financial community
• Develop appropriate budget scoring
• Prioritize carbon-free energy
• Create accountability measures for meeting carbon-free energy goals
• Acknowledge that carbon-free energy may cost more than fossil fuels in the short run
• Utilize Agency offices that purchase the power and manage the real estate to implement the programs
• Accelerate currently planned projects
• Create teams and develop expertise to implement carbon-free energy projects
• Accelerate ESPC/UESC use

Seth Kirshenberg is a partner and co-leader of the energy practice at Kutak Rock LLP, where he has completed billions of dollars in renewable energy and energy efficiency projects. Brian Oakley is executive vice president of the energy and infrastructure advisory group at JLL.

About Kutak Rock LLP
With 500+ attorneys in 18 U.S. locations, Kutak Rock represents clients in business and corporate, public finance, litigation, and real estate law. For more information, see www.KutakRock.com.

SOURCE Kutak Rock LLP