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Court Saves Wind Safe Harbor, Norway Pauses Utsira Nord

A federal court restores the 5% safe harbor for wind tax credits, Norway’s parliament pauses the 35 billion krone Utsira Nord floating wind program, and the crew digs into Australia’s battery boom and the looming blade technician shortage.

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Matthew Stead: [00:00:00] The Uptime Wind Energy podcast, brought to you by StrikeTape. Protecting thousands of wind turbines from lightning damage worldwide. Visit StrikeTape.com. And now, your hosts

Allen Hall: Welcome to this edition of the Uptime Wind Energy podcast. I’m Allen Hall here with Matthew Stead, Rosemary Barnes, and Yolanda Padron. And our week starts off in the courtroom. And if you’ve been watching the news lately, there’s a pretty substantial IRS case involving large-scale wind and solar having to do with the, uh, production tax credit and, uh, investment tax credit at the same time on the safe harbor, 5% safe harbor rule.

Uh, a federal judge handed the wind industry and solar industry a pretty substantial legal win that could reshape how the [00:01:00] projects qualify for tax credits. So a judge up in, uh, the District of Columbia vacated IRS Notice 2025-42. So if you remember that, uh, from a- about a year or so ago, uh, f- it found that the, that notice was arbitrary and capricious under the Administrative Procedure Act.

The notice, which was issued following a July 2025 executive order, had eliminated the 5% safe harbor for wind projects, uh, a provision developers have relied on since about 2013 to establish construction start dates without breaking ground. The court found the IRS failed to justify removing it, ignored industry comments, which I had read, and I agree with that, and gave no reason for treating wind differently f- than other clean energy technologies.

So That his executive order came down and said, “Hey, we don’t like wind. [00:02:00] IRS, write a rule and make it hard for wind to get installed in the United States.” And so they dutifully did it, but a court is throwing it out. This has some pretty significant implications because if you hadn’t broken ground before this ruling, I think the– what was happening was be- if you hadn’t broken ground by July 4th, your project wouldn’t qualify for some tax credits.

But now, if you have 5% safe harbor, you still are in the game, at least for now. Now, Wanda, that’s gonna make a big difference to asset managers and developers, won’t it?

Yolanda Padron: Yeah, it’s really exciting. I think it opens up the, the playing field for, for some of these projects that might be a little bit behind schedule.

Um, of course, a lot of teams had to change their plans and their pipeline when, um, you know, the big, beautiful bill passed and, I mean, it’s– of course, it adds a little bit of additional volatility, right, to, to wind and, and solar in the US, but it’s exciting to see at least things for, [00:03:00] for those of us that are in the wind and solar side, the, it’s a little, little bit of, of hope there.

Allen Hall: And Matthew, uh, even in terms of opening up o-o-operations and, uh, getting contracts signed, this should make a big difference in sort of opening the floodgates a little bit. Although there is a short timeframe. We’re, we’re recording on, what, what is today? June 10th. So you have, in theory, less than 30 days before the July 4th deadline, but hopefully this stays.

You think there’s a chance this just gets completely, uh, wiped out, the executive order and the IRS notice and- It’s back to what we remember for the, for the last, ooh, 12, 13 years?

Matthew Stead: Uh, yeah. I’m, I’m, I’m hopeful, and I, I agree with Yolanda. I think you, you said it really well. Um, I think this is a, a glimmer of hope in, um, a sometimes gloomy, um, environment.

So I think that’s great. In terms of going back to where it was, um, I mean, I guess my observation has been that, [00:04:00] you know, things in the US were a bit, um, distorted. You know, distorted through the, the PTC, um, and the whole repowering thing after 10 years is quite a distortion. So I think, um, you’re not necessarily going back to the good old days, um, might be the way, what will happen.

Allen Hall: I think there is a lot of people actively trying to dig holes at the moment, and I, I’m sure they’re gonna continue to do that. Yolanda, do you th- you think anybody’s gonna stop and kinda say, “Oh, we have the 5% rule. We’re, we’re good”? Do you think, or you think they’re gonna still go ahead and really start construction and then just keep things continually moving on site?

Yolanda Padron: I don’t think they, they can really stop, right? Because you, you don’t know if, if anything strange happens. A lot of people didn’t think the, a lot of the provisions in the big beautiful bill were gonna, were gonna see the light of day, and they did. Um, but it does, I really hope it brings at least a little bit of breathing room for some people.

I know it’s, it must be… I mean, I have some friends in development, and they’re, they’re q- a little [00:05:00] bit stressed right now just with everything going on. Um, so, so I really hope for them at least they, you know, if, if they’re a little bit behind schedule, then it, it’ll be, it’ll still be fine.

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Norway’s Storting has voted to pause the 35 billion Norwegian krone support program for floating offshore wind at Utsira Nord. The Conservative Party secured a parliamentary majority for the external quality assurance review, a socioeconomic analysis, and a technology development assessment, all before the Storting will authorize any commitments.

Equinor and Vårgrønn, along with EDF and Deepwind Offshore, each hold allocated 500-megawatt areas and were preparing to compete for that subsidy. Equinor says the project will continue for now. I think everybody is saying that at the moment. But, uh, Equinor cannot rule out consequences as framework uncertainty compounds in the already challenging nature of floating offshore wind development.

So Utsira Nord is a massive project. So it’s, it’s about three and a half billion US dollars [00:07:00] to go do this. We had Mads Furuseth and Anders Naslund about a year or so ago, maybe a little bit longer, talking about the project and how big it was and how important it was that Norway did this for floating offshore wind.

But with this, uh, recent change in the parlia...