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ARTICLE · 14 JANUARY 2025

Section 45V Tax Credit Implications For Nuclear & Clean Hydrogen

Baker Botts L.L.P.
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The implications for hydrogen hubs in the U.S. are also substantial. While the Section 45V guidance aims to promote cleaner hydrogen production, it introduces challenges for U.S. hydrogen...

United StatesEnergy and Natural Resources

The U.S. Department of the Treasury Department and Internal Revenue Service newly releasedSection 45V hydrogen tax credit guidancenow includes nuclear plants if certain criteria are met - unlocking up to $3/kg for clean hydrogen production. This is especially timely as we remember the life of President Jimmy Carter, who as architect of the 1978 National Energy Act laid the foundation for today's nuclear infrastructure.

The implications for hydrogen hubs in the U.S. are also substantial. While the Section 45V guidance aims to promote cleaner hydrogen production, it introduces challenges for U.S. hydrogen hubs by setting strict operational and temporal requirements for renewable energy use, influencing project economics, and necessitating strategic adjustments in response to evolving regulatory frameworks.

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