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Government Financing Update
Loan Guarantee Solicitation Announcement

Cooley Government Financing Resource Center

Recovery Act Cooley Alert
Solicitation
Final Regulations
Press Release

KEY ATTORNEY CONTACTS

Tom Amis 202/843-7879

Tom Coll 858/550-6013

Alison Freeman-Gleason
206/452-8755

Jim Fulton 650/843-5103

Gordon Ho 650/843-5190

Craig Jacoby 415/693-2147

James Linfield 720/566-4010

Andrew Lustig 703/456-8134

Patrick Mitchell 617/937-2315

Kevin Mullen 202/842-7882

Ryan Naftulin 202/842-7822

Nik Patel 202/843-7856

John Robertson 206/452-8763

Joseph Scherer 415/693-2017

U.S. Department of Energy
Loan Guarantee Program

Federal Loan Guarantees for Projects
that Employ Innovative Energy Efficiency, Renewable Energy, and Advanced Transmission and Distribution Technologies

Application Deadline
Deadlines for each of the seven scheduled rounds of rolling submissions are included below. Please note: Important information regarding registration and other pre-submission requirements are included in the loan guarantee solicitation announcement (the “Solicitation”). Please refer to the Solicitation for details.

Round Part I Submission Part II Submission
1 Sept 14, 2009 Nov 13, 2009
2 Oct 22, 2009 Jan 15, 2010
3 Dec 23, 2009 Mar 12, 2010
4 Feb 18, 2010 May 14, 2010
5 Apr 22, 2010 July 19, 2010
6 June 24, 2010 Sept 17, 2010
7 Aug 24, 2010 Dec 31, 2010

Award Instrument: Loan or loan guarantee agreement

Total Funding Available
$8,500,000,000 is made available to guarantee an estimated $30,000,000,000 in loans. Further, $2,500,000,000 is made available to pay for credit subsidy costs of loan guarantees made for Section 1705 Eligible Projects (described below) as authorized by the American Recovery and Reinvestment Act of 2009 (“Recovery Act”).

Program Description
The Solicitation invites the submission of applications for loan guarantees under the Energy Policy Act of 2005 ( “Energy Policy Act”) from the Department of Energy (“DOE”) in support of debt financing for projects in the United States ready for commercial deployment that employ energy efficiency, renewable energy, and advanced transmission and distribution technologies.

General Eligibility Requirements
The Solicitation makes $8,500,000,000 available for projects ready for commercial deployment in the proximate future that meet the general eligibility requirements under Section 1703 of the Energy Policy Act. These eligibility requirements call for projects which:

  • Avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases;
  • Employ new or significantly improved technology as compared to commercial technologies in service in the United States at the time a term sheet is issued by the DOE;
  • Employ technology not in general use in the commercial marketplace in the United States at the time a term sheet is issued by the DOE;
  • Provide a reasonable prospect of repayment of the principal and interest of the guaranteed portion of the obligation and other project debt, which, when combined with the amounts available to the borrower from other sources, will be sufficient to carry out the project;
  • Have available a minimum of six months operating and performance data, including 1,000 to 2,000 hours of operation data, obtained from demonstration project;
  • Fit any of nine technology categories, which include categories for (1) alternative fuel vehicles, (2) biomass, (3) efficient electricity transmission, distribution and storage, (4) energy efficient building technologies and applications, (5) geothermal, (6) hydrogen and fuel cell technologies, (7) energy efficiency projects, (8) solar, and (9) wind and hydropower;
  • Propose debt guaranteed by DOE of no more than 80% of total project costs and no other proposed federal financing;
  • Include a significant equity investment in the project; and
  • Otherwise comply with Section 1703 of the Energy Policy Act as implemented by regulations set forth in Part 609 under chapter II of title 10 of the Code of Federal Regulations (“Final Regulations”).

Section 1705 Eligible Projects
The Solicitation makes $2,500,000,000 available to cover the credit subsidy costs of projects that meet the following specific eligibility requirements under Section 1705 of the Energy Policy Act as amended by the Recovery Act, in addition to meeting the general eligibility requirements described above:

  • Commencement of construction on or before September 30, 2011;
  • Creation or retention of jobs in the United States;
  • Inclusion in any of three technology categories, which include limited categories for (1) renewable energy systems projects, (2) electric power transmission systems projects, and (3) leading edge biofuels projects; and
  • Compliance with Section 1705 of the Energy Policy Act, as amended.

Application Process
The application process is staged in two consecutive submissions, each organized into six identical sections:

  • Part I: An applicant’s Part I submission is expected to provide the DOE with a summary level description of the project, project eligibility, financing strategy, and progression to date in critical path schedules.
  • Part II: An applicant’s Part II submission is expected to provide the DOE with due diligence information requirements and include updated and complete project information.

Fees

Applicants may be charged the following fees to cover the administrative expenses of the DOE’s Loan Guarantee Program:

Loan Guarantee Amount Application Fee Facility Fee Maintenance Fee Credit Subsidy Fee
Less than $150,000,000 $75,000 $18,750 (25%) due with Part I 1% of the guaranteed amount 20% due at term sheet execution Anticipated $50,000 - $100,000
each year

Either payable each year in advance or payable at closing in lump sum, if specified in loan guarantee agreement
TBD and due in full at or before closing

May be covered by DOE if 1705 Eligible Project
$56,250 (75%) due with Part II 80% due at closing
$150,000,000- $500,000,000 $100,000 $25,000 (25%) due with Part I $375,000 plus 0.75% of the guaranteed amount 20% due at term sheet execution
$75,000 (75%) due with Part II 80% due at closing
More than $500,000,000 $125,000 $31,250 (25%) due with Part I $1,625,000 plus 0.55% of the guaranteed amount 20% due at term sheet execution
$93,750 (75%) due with Part II 80% due at closing