January 18, 2006 ABA Teleconference Commercialization of Hydrogen Technologies

1. Working With the Feds on Hydrogen Fuel Cell & Renewable Technologies John Herrick Chief Counsel, U.S. Dept. of Energy Golden, Colorado Adjunct Prof. of Law, U of Denver - Sturm School of Law January 18, 2006 ABA Teleconference Commercialization of Hydrogen Technologies John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

2. Federal Commitment to the Development of Hydrogen Technologies • President Bush in 2003 announced the Hydrogen Fuel Initiative accelerating the R,D&D of H2fuel cells and H2production, storage, distribution & infrastructure technologies. • When combined with the existing DOE FreedomCAR Program (hybrid vehicle R,D&D), the federal government plans to commit $1.7 billion over a five year period (FY’04-’08) to help bring H2 fuel cell vehicles from the lab to the showroom. John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

3. Federal Commitment to the Development of Hydrogen Technologies • The purpose of this Initiative is to encourage federal partnerships with the private sector (collaborating academia, the auto manufacturing and the energy sectors) to overcome key economic and technical barriers to facilitate the mass production of H2 fueled fuel cell vehicles and H2 infrastructure commercialization decision by industry in 2015. These barriers are: • H2production • H2storage • H2delivery & infrastructure • H2fuel cell power system development • If a positive decision is made in 2015, to lead to commercial market introduction of H2 fuel cell vehicles by 2020. John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

4. Current Federal Funding Levels • H2 Initiative is being conducted out of DOE’s Hydrogen, Fuel Cells & Infrastructure Technologies Program in the Office of Energy Efficiency & Renewable Energy • See, http://www.eere.energy.gov/hydrogenandfuelcells/mypp/ for a description of the multi-year R,D,&D Program • New FY ’06 funding for the H2 Initiative is approximately $157 million (less earmarks) • Estimated FY 07 funding for the proposed Fuel Cell R&D Funding Opportunity Announcementis in the $50 - $100 million dollar range • Funding availability in future could be impacted by the volume of Congressional earmarks. John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

5. H2 Fuel Cell Funding Opportunity Announcement • FOA to be issued late January out of DOE’s Golden CO Office • DE-PS-06GO-96017 • http://www.grants.gov/search/search.do?mode=AGENCYSEARCH&agency=DOE • Goals of Funding Announcement: • Development of a durable, direct H2 fuel power system that: • that reaches peak efficiency of 60%; • has a power density of 650 W/L; • a specific power of 650 W/kg; • a cost of $45/kW by 2010 • A cost of $30/kw by 2015 John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

6. H2 Fuel Cell Funding – Timetable • Applications will be due late April 2006 • Awards could be announced by summer, 2006 • Agreements to be executed in FY 07 (Oct-Nov ’06) • Up to 15+ awards to be made John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

7. How to Form Partnerships with DOE in Renewable Energy Technology Development • General Principles: • Must be willing to share risk through cost sharing. • Form consortiums with profit, non-profit, academia. • Look for opportunities to work with DOE’s National Laboratories in project • Be responsive and specific to DOE Funding Opportunity Announcements • Have concepts that can pass a high standard for Merit Review • Apply electronically throughgrants.gov • Accept peculiarities of federal IP laws John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

8. Principles of Cost Sharing with DOE • Cost sharing is mandated under the Energy Policy Act of 2005 (primarily §988) for most applied science projects which would deal with H2 • Minimum 20% non federal cost share for research & development projects • Minimum 50% non-federal cost share for demonstration & commercial application projects • DOE likes to use a sliding scale for cost sharing in weighing risk verses programmatic objectives. John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

9. Types of Relationships With DOE National Laboratories • Cooperative Research & Development Agreement (CRADA) • Private sector as a joint research partner with a DOE National Laboratory, (share joint IP) • As a Subcontractor for a National Laboratory • Private Sector conducting research to assist a Laboratory R&D effort (IP under federal control) • “Work for Others” Agreement • Private Sector using a National Laboratory to undertake research solely for its own commercial benefit (IP with private sector) John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

10. Types of Relationships With DOE to Develop/ Demonstrate Applied Technology for H2 • Grants • DOE as benign benefactor (10 C.F.R. Part 600) • Cooperative Agreements • DOE as a research partner (10 C.F.R. Part 600) • Contracts • Providing DOE with a needed technology service (48 C.F.R. Part 37) • Technology Investment Agreements • Consortiums as partner with DOE in a new DARPA-like working model for commercial development (10 C.F.R. Part 603) • Loan Guarantees • Title 17 of the 2005 Energy Policy Act • DOE as a friendly neighborhood lender • DOE on the debt side of traditional energy project financing John Herrick Chief Counsel, U.S. Department of Energy, Golden CO

11. Information on DOE Funding Opportunities in Renewable Energy Technology Development • DOE now provides its Funding Opportunity Announcements (FOAs) through grants.gov. • Need to register in grants.gov in applying under DOE FOAs • General information on DOE’s Hydrogen Programs can be found at: • http://www.hydrogen.energy.gov/ • http://www.eere.energy.gov/hydrogenandfuelcells/ • Prof. Herrick’s law course on Renewable Energy & Project Finance can be found at: • http://www.law.du.edu/herrick/index.htm John Herrick Chief Counsel, U.S. Department of Energy, Golden CO