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| Federal Loan Guarantees
for Projects that Employ Innovative Energy Efficiency, Renewable Energy,
and Advanced Transmission and Distribution Technologies |
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PLEASE NOTE: THE TERMS OF THE APPLICABLE
SOLICITATION WILL GOVERN THE APPLICATION AND EVALUATION PROCESS
FOR ALL APPLICATIONS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN
THE RESPONSES BELOW AND THE APPLICABLE SOLICITATION, THE SOLICITATION
WILL PREVAIL. |
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| 1. What constitutes an eligible project for a
loan guarantee from the U.S. Department of Energy (DOE)?
An eligible project for purposes of this solicitation is
one that is located in the United States that employs a
New or Significantly Improved Technology that is not a
Commercial Technology, and that meets all applicable
requirements of section 1703 of the Energy Policy Act
of 2005.
[There are two types of projects-manufacturing projects
and stand-alone projects. Energy Efficient Industrial
Manufacturing, Battery manufacturing facilities,
solar panel manufacturing facilities, and plug-in
hybrid manufacturing and assembly facilities are
examples of manufacturing projects. Tidal Energy,
Advanced Hydropower and Offshore Wind projects
illustrate the range of stand-alone projects.]
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| 2. Does my project qualify for
appropriated credit subsidy?
To be eligible for payment of credit subsidy from
funds appropriated for Section 1705 of the American
Recovery and Reinvestment Act of 2009 (the "Recovery
Act"), a project must commence construction on or
before September 30, 2011. The Borrower of the project
must have received all necessary licenses, permits and
local and national environmental clearances necessary
to proceed; have completed all pre-construction design
and prototype testing; have engaged all required
contractors and ordered all necessary essential equipment
and supplies so that physical construction of such project
has commenced or may commence on or before September 30, 2011.
For projects that are seeking appropriated credit subsidy
under the Recovery Act, eligible projects include certain
renewable energy systems, electric power transmission systems
and leading edge biofuels projects that commence construction
no later than September 30, 2011. Please see Section II.E of
the solicitation for additional information on the requirements
for 1705 eligible projects.
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| 3. What are the various fees and when
are they due?
Application Fee: A portion (25%) of the application
fee must be submitted with the application at the
time of the Part I submission. The remainder (75%)
of the application fee must be submitted with the
application at the time of the Part II submission.
This fee recovers costs associated with DOE's
administrative costs incurred in connection with
the pre-selection evaluation of an application.
Fees [(including the Facility Fee and maintenance
Fee described below)]will not be waived and are
non-refundable.
| Loan Guarantee Amount |
Total Application Fee Amount |
25% of Application Fee Due with Part I Submission |
75% of Application Fee Due with Part II Submission |
| $0- $150,000,000 |
$75,000 |
$18,750 |
$56,250 |
| Above $150,000,000- $500,000,000 |
$100,000 |
$25,000 |
$75,000 |
| Above $500,000,000 |
$125,000 |
$31,250 |
$93,750 |
Facility Fee: The facility fee (or Second Fee) is
due as follows: (i) 20% of the Facility Fee is due upon the execution
by the applicant of the Term Sheet approved by the CRB and (ii) 80%
of the facility fee is due upon the closing date of the Loan Guarantee
Agreement.
| Loan Guarantee Amount |
Total Fee Amount |
| $0- $150,000,000 |
1% of the guaranteed amount |
| Above $150,000,000- $500,000,000 |
$375,000 + 0.75% of the guaranteed amount |
| Above $500,000,000 |
$1,625,000 + 0.50% of the guaranteed amount |
Maintenance Fee: The maintenance fee (or Third Fee)
is payable to cover DOE's administrative expenses in servicing and
monitoring the Loan Guarantee Agreement during the construction,
startup, commissioning and operational phases of a project. The
amount of such fee is expected to be in the range of $50,000 to
$100,000 per year and shall be either (i) payable each year in
advance, commencing upon the closing date of the Loan Guarantee
Agreement, in the amount specified in the Loan Guarantee Agreement,
or (ii) if provided for in the Loan Guarantee Agreement, payable as
an one-time fee at the closing in a lump sum amount equal to the
aggregate sum of such annual fees specified in the Loan Guarantee
Agreement for the entire term of the loan guarantee, discounted to
net present value.
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| 4. Do I have to pay additional fees?
Applicants are advised that the applicant shall be
responsible for paying the fees and expenses of
DOE's independent consultants and outside legal
counsel in connection with applicant's project
under all circumstances. The application fees
submitted by the applicant will cover only
internal DOE costs associated with these reviews.
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| 5. How many application rounds are there?
Subject to the availability of loan guarantee
authority, there will be seven (7) rounds of
reviews for Parts I and II submissions. All
Part II submissions filed with DOE during any
such round of review shall be competitively
evaluated against all other such filings submitted
during that round, subject to DOE's right to
defer, in its sole discretion, consideration of
an application submitted in such round to a
subsequent round of review because the application
is incomplete.
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| 6. When are the application deadlines?
The table below presents the submission dates for each round:
| Round |
Part I Submission Due |
Part II Submission Due |
| 1 |
September 14, 2009 |
November 13, 2009 |
| 2 |
October 22, 2009 |
January 15, 2010 |
| 3 |
December 23, 2009 |
March 12, 2010 |
| 4 |
February 18, 2010 |
May 14, 2010 |
| 5 |
April 22, 2010 |
July 19, 2010 |
| 6 |
June 24, 2010 |
September 17, 2010 |
| 7 |
August 24, 2010 |
December 31, 2010 |
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| 7. When is the Part II of an
application due?
Part II information may be filed at any time
(subject to the Part II submission due dates
set forth above) after DOE's notification to
the applicant that its Part I submission is
complete and that the project has been
determined to be an Eligible Project and,
if applicable, a 1705 Eligible Project under
this Solicitation. Accordingly, Part II
submissions may be filed no later than 11:59pm
Eastern Time ("ET") on any of the due dates set
for rounds of Part II submissions but in no event
later than 11:59pm ET on December 31, 2010, the
due date for the final round of Part II submissions.
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| 8. Will there be any oral presentation part
of the application?
DOE may require that each written submission be
followed with an oral presentation by the applicant
(e.g., by teleconference or face-to-face meeting)
to discuss and clarify the submission and agree
on next steps. Moreover, DOE may request additional
information to clarify information submitted by
applicants. Such requests by DOE for additional
information, documentation, or briefings do not
signify that a project has been approved for any
further diligence or for a loan guarantee.
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| 9. Is there an advantage to completing
your application early?
In order to encourage submissions of substantially
complete applications as early as possible after
the date of this Solicitation, Part I and Part II
submissions will be systematically reviewed on a
continuous basis as soon as they are received.
Applicants applying in earlier rounds of reviews
will enjoy a first mover's advantage in terms of
priority of review.
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| 10. What if I have submitted my
application via FedConnect, but I need to
make substantive changes or additions?
Applications should only be submitted when all
required elements are complete. However, if an
applicant needs to make changes before the
deadline has passed, they must clearly identify
and date the new version of the submission in
its file name and upload it through the
FedConnect website.
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| 11. Is it possible to submit
multiple applications?
A Project Sponsor may only submit one application
pursuant to this solicitation for one project
employing a particular technology. In other
words, consistent with Section 609.3(a) of the
Final Regulations, a Project Sponsor may not
submit applications for multiple projects using
the same technology. However, a Project Sponsor
may submit a separate application for each
different technology it wishes to submit to
DOE for consideration.
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| 12. What is the process for
evaluating a Part I application?
Part I submissions will be preliminarily
reviewed based on the mandatory factors
outlined below:
- The project must employ New or Significantly
Improved Technologies, as compared to Commercial
Technologies in service in the U.S. at the time
the Term Sheet is issued (as such capitalized
terms are defined in Section 609.2 of the Final
Regulations).
- The project must, at a minimum, employ in the
United States at the time the Term Sheet is issued
a New or Significantly Improved Technology that
avoids, reduces or sequesters anthropogenic
emissions of greenhouse gases or air pollutants.
- Solely with respect to projects for which
applicants seek to qualify as a 1705 Eligible
Project, the applicant shall have provided
evidence sufficient to demonstrate that application
for all permits, licenses and approvals necessary
to enable the project to commence construction by
September 30, 2011 have been, or will timely be,
submitted to appropriate federal, state and local
authorities.
- The project site is identified.
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| 13. How will applicants be notified
if DOE decides to proceed with a project?
DOE will notify in writing applicants with
responsive Part I submissions for projects
employing a technology deemed to constitute
a New or Significantly Improved Technology
of its intention to proceed with further
evaluation.
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| 14. How long will DOE take to
evaluate Part II of an application?
DOE shall endeavor, but is not required, to
review the Part II submissions filed during
a given round and make a recommendation for
or against selection for due diligence review
within two months from the closing date of
such round of review. Each applicant selected
for due diligence will receive written notice
from DOE of its intent to proceed with due
diligence and underwriting with respect to
such applicant's project. At any time following
the due date for any particular round of Part II
submissions, DOE may approve projects for
purposes of proceeding to due diligence,
underwriting and negotiation.
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Please contact the Loan Guarantee
Program Office if you have questions.
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