n-07-53.pdf

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Part III - Administrative, Procedural, and Miscellaneous

Qualifying Gasification Project Program

Notice 2007-53

SECTION 1. PURPOSE

This notice updates the procedures for the allocation of credits under the
qualifying gasification project program of § 48B of the Internal Revenue Code
and defines certain terms for purposes of § 48B. The purpose of the qualifying
gasification project program is to consider and award certifications for qualified
investment eligible for credits under § 48B to qualifying gasification project
sponsors. To further this purpose, the method of allocation is being modified for
allocation rounds after 2006. Under the modified method of allocation, the U.S.
Department of Energy (“DOE”) will rank a certified project relative to other
certified projects and credits will be allocated to projects based on the DOE
ranking. The modified allocation method will substantially favor projects that
capture and sequester carbon dioxide emissions and will favor to a lesser extent
projects optimized for future carbon dioxide capture.
SECTION 2. BACKGROUND AND CHANGES
.01 Section 46 provides that the amount of the investment credit for any
taxable year is the sum of the credits listed in § 46. That list includes the
qualifying gasification project credit.

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.02 The qualifying gasification project credit is provided under § 48B.
Section 48B(a) provides that the qualifying gasification project credit for a taxable
year is an amount equal to 20 percent of the qualified investment (as defined in
§ 48B(b)) for that taxable year in qualifying gasification projects.
.03 The term “qualifying gasification project” is defined in § 48B(c)(1) as
meaning any project that (A) employs gasification technology, (B) will be carried
out by an eligible entity (as defined in section 3.02 of this notice), and (C)
includes a qualified investment of which an amount not to exceed $650 million is
certified under the qualifying gasification program as eligible for credit under
§ 48B. Pursuant to § 48B(c)(2), gasification technology is any process that
converts a solid or liquid product from coal (as defined in section 3.01 of this
notice), petroleum residue (as defined in § 48B(c)(8)), biomass (as defined in
§ 48B(c)(4)), or other materials that are recovered for their energy or feedstock
value into a synthesis gas composed primarily of carbon monoxide and hydrogen
for direct use or subsequent chemical or physical conversion.
.04 The qualifying gasification project credit generally is allowed in the
taxable year in which the eligible property (as defined in § 48B(c)(3)) is placed in
service (as defined in section 3.05 of this notice) by the taxpayer. Further, the at-
risk rules in § 49 and the recapture and other special rules in § 50 apply to the
qualifying gasification project credit.
.05 Section 48B(d)(1) provides that the Secretary, in consultation with the
Secretary of Energy, shall establish a qualifying gasification project program to
consider and award certifications for qualified investment eligible for credits

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under § 48B to qualifying gasification project sponsors. The Treasury
Department and the Internal Revenue Service established this program in Notice
2006-25, 2006-11 I.R.B. 609. Pursuant to § 48B(d)(2), certificates of eligibility
may be issued under the program only during the 10-year period beginning on
October 1, 2005.
.06 This notice modifies the qualifying gasification project program
established in Notice 2006-25 in a number of respects. The significant changes
made by this notice include the following:
(1) Large and Mid-Size Business Division (LMSB) of the Service will
allocate the qualifying gasification project credits. The filing instructions in
section 5.04 provide LMSB addresses to reflect this change.
(2) Section 3 defines certain terms for purposes of § 48B.
(3) The method of allocation is modified for allocation rounds after 2006.
Under the modified method of allocation, the DOE will rank a certified project
relative to other certified projects and credits will be allocated to projects based
on the DOE ranking. The modified allocation method will substantially favor
projects that capture and sequester carbon dioxide emissions and will favor to a
lesser extent projects optimized for future carbon dioxide capture. Section
4.02(4) reflects this change in the method by which credits under § 48B are
allocated to projects.
(4) Section 4.02(8) provides that the period for submitting the application
for § 48B certification (i) ends on March 3, 2008, for the 2007-08 allocation round
and (ii) begins on March 4, 2008, and ends on March 2, 2009, for the 2008-09

4
allocation round. Changes also are made to the dates in sections 4.02(10) and
(12) for accepting or rejecting a taxpayer’s application for § 48B certification and
for executing closing agreements.
(5) Section 4.02(9) provides that the due date for the application for
DOE certification is October 31, that DOE will rank certified projects, and that the
due date for the DOE certification and ranking is March 1. Section 4.02(8) also
clarifies that the DOE certification and ranking (for projects determined to be
feasible) are provided to the Service.
(6) Section 4.02(12) provides that a successor in interest must execute a
new closing agreement with the Service no later than the due date (including
extensions) of the successor in interest’s Federal income tax return for the
taxable year in which the transfer occurs.
(7) The information required to be included in the application for DOE
certification is modified. Section 5.02 requires submission of additional
information regarding the priority benefits of the project. Appendix B provides
additional information regarding program policy factors. Applicants will no longer
be required to submit independent financial reports.
(8) Section 5.03 requests that a taxpayer submit with the application for
§ 48B certification a declaration consenting to the disclosure by the Service of
certain return information if the taxpayer is awarded an allocation of qualifying
gasification project credits. The form of the declaration is set forth in Appendix C.
(9) Sections 5.03(1) and 5.04 require that a taxpayer submit one paper
copy and one electronic version on a floppy disc or a CD of the application for

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§ 48B certification (including the application for DOE certification).
(10) Section 6.02 provides more details on who may sign the penalties
of perjury statement.
(11) Section 6.03 provides that the Service and the DOE must be
informed if the plans for the project change in any significant respect from the
plans set forth in the applications for § 48B and DOE certification, and also
provides the consequences of any significant change to the plans set forth in the
applications.
(12) Section 6.06 provides that the DOE will offer debriefings to
applicants that submitted an application for DOE certification.
(13) Section 9 provides guidance regarding Freedom of Information Act
requests for records relating to the qualifying gasification project program.
SECTION 3. DEFINITIONS
The following definitions apply for purposes of § 48B and this notice:
.01 Coal
. Section 48B(c)(6) defines the term "coal" as meaning
anthracite, bituminous coal, subbituminous coal, lignite, and peat. Coal includes
waste coal (that is, usable material that is a byproduct of the previous processing
of anthracite, bituminous coal, subbituminous coal, lignite, or peat). Examples of
waste coal include fine coal of any of the listed ranks, coal of any of the listed
ranks obtained from a refuse bank or slurry dam, anthracite culm, bituminous
gob, and lignite waste.
.02 Eligible entity
. Section 48B(c)(7) defines "eligible entity" as meaning
any person whose application for certification is principally intended for use in a

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domestic project that employs domestic gasification applications related to
chemicals, fertilizers, glass, steel, petroleum residues, forest products, and
agriculture (including feedlots and dairy operations). For purposes of § 48B, a
qualifying gasification project is carried out by an eligible entity if the project
supplies more than 50 percent of the thermal output in British thermal unit (Btu)
from the gasification process in the form of synthesis gas for direct use or
subsequent chemical or physical conversion in an application related to one or
more of the industries listed in § 48B(c)(7) or if more than 50 percent of the fuel
input in Btu to the gasification process is supplied from one or more of the
industries listed in § 48B(c)(7).
.03 Total synthesis gas capacity
. The total synthesis gas capacity of a
project is the total MMBtu per hour of the synthesis gas (higher heating value
(HHV)) at the gasifier outlet of the project. The synthesis gas must be composed
primarily of carbon monoxide and hydrogen for direct use or subsequent
chemical or physical conversion.
.04 Fuel Input
.
(1) In general
. The term “fuel input” means, with respect to any type of
fuel, the amount of such fuel used during normal plant operations. The amounts
of the fuel used are measured (i) in British thermal units (Btus) on an energy
input basis and (ii) pursuant to applicable standards prescribed by the American
Society for Testing and Materials (ASTM). For example, § 48B(d)(3)(D) provides
that the fuels identified in § 48B(c)(2) will at all times cumulatively comprise at
least 90 percent of the total fuels (fuels identified in § 48B(c)(2) and any other

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fuel input) required by the project. This requirement is satisfied if, after
completion and during normal plant operations, the fuels identified in § 48B(c)(2)
will cumulatively comprise at least 90 percent of the project’s total fuels
measured in Btus on an energy input basis and pursuant to applicable ASTM
standards.
(2) Only normal plant operations taken into account
. Only fuel used
during normal plant operations is taken into account for purposes of § 48B.
Normal plant operations are operations other than during periods of initial plant
certification, plant startup, plant shutdown, interconnected gasifier(s) shutdown
for gasification system maintenance, or interruptions of the supply of fuels
identified in § 48B(c)(2) to the project resulting from an event of force majeure
(including an act of God, war, strike, or other similar event beyond the control of
the taxpayer). For example, the fuel input during the initial plant certification may
consist entirely of natural gas or other fuels not identified in § 48B(c)(2) because
fuel used during initial plant certification is disregarded in determining whether
the requirement of § 48B(d)(3)(D) to use 90 percent of the fuels identified in
§ 48B(c)(2) is satisfied.
.05 Placed In Service
. For purposes of § 48B, property is placed in
service in the taxable year in which the property is placed in a condition or state
of readiness and availability for a specifically assigned function. See
§ 1.46-
3(d)(1)(ii) of the Income Tax Regulations. Thus, a qualifying gasification project
or eligible property (as defined in § 48B(c)(3)) that is a part of the project is
placed in service in the taxable year in which the project is placed in a condition

8
or state of readiness and availability for producing synthesis gas from the
feedstocks identified in § 48B(c)(2).
SECTION 4. QUALIFYING GASIFICATION PROJECT PROGRAM
.01 In General
. The Service will consider a project under the qualifying
gasification project program only if the DOE provides a certification (“DOE
certification”) and ranking (if any) for the project. Accordingly, for each qualifying
gasification project, a taxpayer must submit: (1) an application for certification by
the DOE (“application for DOE certification”), and (2) an application for
certification under § 48B by the Service (“application for § 48B certification”).
Both applications may be submitted only during the 3-year period beginning on
February 21, 2006. Certifications will be issued and credits will be allocated to
projects in annual allocation rounds. The initial allocation round was conducted
in 2006. Additional allocation rounds will be conducted in 2007-08 and, if
necessary, in 2008-09.
.02 Program Specifications
.
(1) The Service determines the amount of the qualifying gasification
project credits allocated to a qualifying gasification project at the time the Service
accepts the application for § 48B certification for that project in accordance with
section 4.02(9) of this notice. The qualified investment in the project will be
certified as eligible for the credit to the extent such investment does not exceed
the amount of the credit allocated to the project multiplied by five. See section 5
of this notice for the requirements applicable to the application for DOE
certification and the application for § 48B certification.

9
(2) The certification for a project cannot apply to more than $650 million
of the qualified investment in the project. Thus, the maximum amount of
qualifying gasification project credits that will be allocated to a project is $130
million.
(3) Pursuant to § 48B(d)(1), the aggregate amount of credits allocated to
all qualifying gasification projects may not exceed $350 million. In the 2006
allocation round, $349,663,000 of credits was allocated. Therefore, $337,000 of
credits is available for allocation in 2007-08.
(4) DOE will rank the certified projects in descending order (that is, first,
second, third, etc.) and the $337,000 available for allocation will be allocated as
follows in the allocation round in 2007-08:
(a) If the requested allocation of credits for projects that DOE has
certified does not exceed the amount available for allocation, each certified
project will be allocated the full amount of credit requested.
(b) If the requested allocation of credits for projects that DOE has
certified exceeds the amount available for allocation, the amount available for
allocation will be allocated as follows:
(i) The project receiving the highest ranking (that is, first) will be
allocated the full amount of credit requested (but not exceeding the amount
available for allocation) before any credit is allocated to a lower-ranked project.
The amount available for allocation is reduced by the amount of credit so
allocated and only the remainder is available for allocation to a lower-ranked
project.

10
(ii) Second and lower-ranked projects will be entitled to similar
priority in the allocation of credits and allocations to such projects will similarly
reduce the remainder of the amount available for allocation until the amount
available for allocation is exhausted.
(5) If the amount available for allocation is not fully allocated in the 2007-
08 allocation round, a similar allocation round will be conducted in 2008-09.
Generally, the results of each year will be announced. See section 5.03(2) of this
notice for further information about this announcement.
(6) If the same project would otherwise be allocated credits under both
the qualifying gasification project program under this notice and the qualifying
advanced coal project program under Notice 2007-52, 2007-26 I.R.B. ___, the
following rules apply:
(a) The qualifying gasification project credit may not be allocated to the
project with respect to any qualified investment under § 48B for which a
qualifying advanced coal project credit is allowed under § 48A; and
(b) The qualifying gasification project credit may be allocated to the
project with respect to the qualified investment under § 48B for which a qualifying
advanced coal project credit is not allowed under § 48A.
(7) For each allocation round, there will be an annual application period
during which a taxpayer may file its application for § 48B certification. The
Service will consider a project in an allocation round only if the application for
§ 48B certification for the project is submitted during the application period for
that round and the DOE provides the DOE certification and the DOE ranking (if

11
any) for the project before the end of that application period.
(8) For the allocation round conducted in 2007-08, the application period
begins on October 3, 2006, and ends on March 3, 2008, and any completed
application for § 48B certification received by the Service after October 2, 2006,
and before March 4, 2008, will be deemed to be submitted by the taxpayer on
March 3, 2008. For the allocation round to be conducted in 2008-09, the
application period begins on March 4, 2008, and ends on March 2, 2009, and any
completed application for § 48B certification received by the Service after March
3, 2008, and before March 3, 2009, will be deemed to be submitted by the
taxpayer on March 2, 2009. For purposes of this notice, an application that is
submitted by U.S. mail will be treated as received by the Service on the date of
the postmark and an application submitted by a private delivery service will be
treated as received by the Service on the date recorded or the date marked in
accordance with § 7502(f)(2)(C).
(9) See section 5.02 of this notice and Appendix B to this notice for the
information to be submitted to the DOE in an application for DOE certification.
Appendix B to this notice also provides the instructions and address for filing the
application for DOE certification. The DOE will determine the feasibility of the
project and, if the project is determined to be feasible, will provide a DOE
certification for the project to the Service. If the DOE certifies two or more
projects, the DOE also will rank each of the projects it certifies (for example, first,
second, third, etc.) relative to other certified projects. If an application for DOE
certification is postmarked on or before October 31 of a calendar year, the DOE

12
will determine the feasibility of the project and (for projects determined to be
feasible) provide the DOE certification and the DOE ranking (if any) to the
Service by March 1 of the year following that calendar year.
(10) By April 30 of the calendar year in which an application for § 48B
certification is deemed to be submitted (as determined under section 4.02(8) of
this notice), the Service will accept or reject the taxpayer’s application for § 48B
certification and will notify the taxpayer, by letter, of its decision.
(11) A taxpayer that receives an acceptance letter under section
4.02(10) of this notice has 7 years from the date of the acceptance letter to place
the project in service and if the project is not placed in service by the end of that
period then the acceptance letter is void.
(12) If the taxpayer’s application for § 48B certification is accepted, the
acceptance letter will state the amount of the credit allocated to the project and
the amount of qualified investment that is certified as eligible for the credit. If a
credit is allocated to a taxpayer’s project, the taxpayer will be required to execute
a closing agreement in the form set forth in Appendix A to this notice. By June
30 of the calendar year in which an application for § 48B certification is accepted,
the taxpayer must execute and return the closing agreement to the Service at the
appropriate address listed in section 5.04 of this notice or listed in later guidance
published in the Internal Revenue Bulletin. The Service will execute and return
the closing agreement to the taxpayer by August 31 of such calendar year. The
executed closing agreement applies only to the accepted taxpayer. Accordingly,
any successor in interest must execute a new closing agreement with the Service

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no later than the due date (including extensions) of the successor in interest’s
Federal income tax return for the taxable year in which the transfer occurs. If the
successor in interest does not execute a new closing agreement, the following
rules apply:
(a) In the case of an interest acquired at or before the time the
qualifying gasification project is placed in service, any credit allocated to the
project will be fully forfeited (and rules similar to the recapture rules of § 50(a)
apply with respect to qualified progress expenditures); and
(b) In the case of an interest acquired after the qualifying gasification
project is placed in service, the project ceases to be investment credit property
and the recapture rules of § 50(a) (and similar rules with respect to qualified
progress expenditures) apply.
SECTION 5. APPLICATIONS FOR CERTIFICATIONS
.01 In General
. An application for § 48B certification and a separate
application for DOE certification must be submitted for each qualifying
gasification project. If an application for DOE certification does not include all of
the information required by section 5.02 of this notice and meet the requirements
in sections 6.01 and 6.02 of this notice, the DOE may decline to accept the
application. If an application for § 48B certification does not include all of the
information listed in section 5.03 of this notice and meet the requirements in
sections 6.01 and 6.02 of this notice, the application will not be accepted by the
Service.
.02 Information Required in the Application for DOE Certification
. An

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application for DOE certification must include all of the information requested in
Appendix B to this notice and all of the following:
(1) The name, address, and taxpayer identification number of the
taxpayer. If the taxpayer is a member of an affiliated group filing consolidated
returns, also provide the name, address, and taxpayer identification number of
the common parent of the group.
(2) The name and telephone number of a contact person.
(3) The name and address (or other unique identifying designation) of
the qualifying gasification project.
(4) A statement specifying the projected placed-in-service date of the
qualifying gasification project.
(5) The estimated total cost of the project and the estimated total
qualified investment in the eligible property that will be part of the project.
(6) The amount of the qualifying gasification project credit requested for
the project. The amount requested must not exceed $130 million (the maximum
amount permitted under § 48B(a) and (c)(1)(C)).
(7) If the taxpayer is or will be requesting an amount of the qualifying
advanced coal project credit under § 48A for the same project, a statement
specifying the amount of credit the taxpayer is or will be requesting under § 48A.
(8) The exact total synthesis gas capacity (as defined in section 3.03 of
this notice) of the project.
(9) A statement specifying whether the project is entitled to priority for
carbon capture capability (as defined in § 48B(c)(5)), for using renewable fuel, or

15
for having project teams with experience that demonstrates successful and
reliable operations of the gasification technology on the domestic fuels identified
in § 48B(c)(2), and, if entitled to priority, a statement identifying which of these
priorities apply to the project.
(10) Documentation or other evidence establishing that the taxpayer is
financially viable without the receipt of additional federal funding associated with
the qualifying gasification project.
.03 Information To Be Included in the Application for § 48B Certification
.
(1) Information required in the application for § 48B certification. An
application for § 48B certification must include all of the following:
(a) The name, address, and taxpayer identification number of the
taxpayer. If the taxpayer is a member of an affiliated group filing consolidated
returns, also provide the name, address, and taxpayer identification number of
the common parent of the group.
(b) The name, telephone number, and fax number of a contact person.
For such person, attach a properly executed power of attorney, preferably on
Form 2848, Power of Attorney and Declaration of Representative
.
(c) One paper copy and one electronic version on a floppy disc or a
CD of the completed application for DOE certification submitted with respect to
the project in accordance with section 5.02 of this notice.
(2) Consent to disclosure of allocation
. In order to provide the public
with information on how the qualifying gasification project credits authorized by
Congress have been allocated and facilitate oversight of the qualifying

16
gasification project program, the Service intends to publish the results of the
allocation process. The Service expects that a list identifying the taxpayers and
projects to which credits are allocated and specifying the amount of credit
allocated to each would be of particular interest to the public. Pursuant to
§ 6103, consent is required in order to disclose any return information with
respect to taxpayers awarded an allocation. Therefore, the Service requests that
each taxpayer submit with the application for § 48B certification a declaration,
consenting to the disclosure by the Service of the following return information in
the event a qualifying gasification project credit is allocated to the taxpayer’s
project: (a) the name of the taxpayer; (b) if the taxpayer is a member of an
affiliated group filing consolidated returns, the name of the common parent of the
group; (c) the type and location of the project to which the application relates;
and (d) the amount of the qualifying gasification project credit allocated to the
project. To provide a valid consent, the declaration must be in the form set forth
in Appendix C. A taxpayer is not required to consent to disclosure of this
information in order to receive an allocation of the qualifying gasification project
credit, and neither the presence nor the absence of such a consent will be taken
into account in the evaluation of a taxpayer’s application. The Service will not
publish any return information relating to a taxpayer if the taxpayer does not
consent to disclosure of this information or does not receive an allocation of the
qualifying gasification project credit.
.04 Instructions and Address for Filing § 48B Application
. One paper copy
and one electronic version on a floppy disc or a CD of the application for § 48B

17
certification must be submitted. Applications for § 48B certification should be
marked: SECTION 48B APPLICATION FOR CERTIFICATION. There is no user
fee for these applications.
(1) Applications submitted by U. S. mail must be sent to:

Internal Revenue Service
Industry Director, Natural Resources and Construction
Attn: Executive Assistant
1919 Smith Street
Stop HOU 1000
Houston, TX 77002

Applications submitted by a private delivery service must be sent to:
Internal Revenue Service
Industry Director, Natural Resources and Construction
Attn: Executive Assistant
1919 Smith Street, Floor P2
Stop HOU 1000
Houston, TX 77002

(2) Applications may also be hand delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m. Central time to:
Internal Revenue Service
Industry Director, Natural Resources and Construction
Attn: Executive Assistant
1919 Smith Street, Floor P2
Stop HOU 1000
Houston, TX 77002

SECTION 6. OTHER REQUIREMENTS
.01 Signature
. Each submission under section 5 of this notice must be
signed and dated by the taxpayer. A stamped signature or faxed signature is not
permitted.
.02 Penalties of Perjury Statement
.
(1) Each submission under section 5 of this notice must be accompanied

18
by the following declaration: “Under penalties of perjury, I declare that I have
examined this submission, including accompanying documents, and, to the best
of my knowledge and belief, all of the facts contained herein are true, correct,
and complete.”
(2) The declaration must be signed and dated by the taxpayer. The
person signing for the taxpayer must have personal knowledge of the facts.
Further, the declaration must be signed by an officer on behalf of a corporation, a
general partner on behalf of a state-law partnership, a member-manager on
behalf of a limited liability company, a trustee on behalf of a trust, and the
proprietor in the case a sole proprietorship. If the taxpayer is a member of an
affiliated group filing consolidated returns, the declaration also must be signed by
a duly authorized officer of the common parent of the group. A stamped
signature or faxed signature is not permitted.
.03 Significant Change in Plans
. The Service and DOE must be informed
if the plans for the project change in any significant respect from the plans set
forth in the applications for § 48B and DOE certification. Any significant change
to the plans set forth in the applications will have the following effects:
(1) The Service will disregard any certification or ranking provided by
DOE unless DOE is informed of the change before the date on which DOE
provides the certification or ranking (that is, the Service will not consider the
project unless DOE provides a new, timely certification and ranking (if any) on or
after the date on which DOE is informed of the change); and
(2) Any acceptance provided by the Service and any allocation or

19
certification based on that acceptance will be void unless the Service is informed
of the change before the date on which the acceptance is provided under section
4.02(10) of this notice.
.04 Effect of an Acceptance or Allocation
. An acceptance or allocation by
the Service under this notice is not a determination that a project qualifies for the
qualifying gasification project credit under § 48B. The Service may, upon
examination (and after any appropriate consultation with DOE), determine that
the project does not qualify for this credit.
.05 No Right to a Conference or Appeal
. A taxpayer does not have a right
to a conference relating to any matters under this notice. Further, a taxpayer
does not have a right to appeal the decisions made under this notice (including
the acceptance or rejection of the application for DOE or § 48B certification or the
amount of credit allocated to the project) to an Associate Chief Counsel or any
other official of the Service.
.06 DOE Debriefings
. Although a taxpayer does not have a right to a
conference relating to any matters under this notice, the DOE will offer
debriefings to all applicants that submitted an application for DOE certification.
This debriefing will be held by the DOE after the Service has accepted the
applications for § 48B certification (as determined under section 4.02(10) of this
notice). The sole purpose of the debriefing is to enable applicants to develop
better proposals in future allocation rounds by providing DOE’s review of the
strengths and weaknesses of their application for DOE certification.
SECTION 7. REVIEW AND REDISTRIBUTION

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.01 In General. Section 48B(d)(1) provides for the review and
redistribution of credits allocated under the qualifying gasification project program
under rules similar to the rules of § 48A(d)(4).
.02 Review and Redistribution of Credits
.
(1) In general. If, after the allocation round in 2008-09, the aggregate
credit of $350 million is not fully subscribed (that is, the aggregate credit is not
fully allocated), an additional program for applications for certification to allocate
the remaining credits will be conducted. Future guidance will prescribe the
procedures applicable to applications for certification with respect to the
remaining credits.
(2) Reduction or forfeiture of allocated credits
. Under the closing
agreement set forth in Appendix A to this notice, the qualifying gasification
project credits allocated under section 4 of this notice will be reduced or forfeited
in certain situations. A taxpayer must notify the Service of the amount of any
reduction or forfeiture required under the closing agreement. This notification
must be sent to the appropriate address listed in section 5.04 of this notice or
listed in later guidance published in the Internal Revenue Bulletin.
The amount of any reduction or forfeiture of the allocated credits will be
returned and included in the aggregate credit remaining to be allocated in the
allocation round following the reduction or forfeiture. If the reduction or forfeiture
occurs after the allocation round in 2008-09, future guidance will prescribe
procedures applicable to applications for certification with respect to the returned
credits.

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SECTION 8. QUALIFIED PROGRESS EXPENDITURES
.01 Section 48B(b)(3) provides that rules similar to the rules of § 46(c)(4)
and (d) (as in effect on the day before the enactment of the Revenue
Reconciliation Act of 1990) shall apply for purposes of § 48B. Former §§ 46(c)(4)
and 46(d) provided the rules for claiming the investment credit on qualified
progress expenditures (as defined in former § 46(d)(3)) made by a taxpayer
during the taxable year for the construction of progress expenditure property (as
defined in former § 46(d)(2)).
.02 In the case of self-constructed property (as defined in former
§ 46(d)(5)(A)), former § 46(d)(3)(A) defined qualified progress expenditures to
mean the amount that is properly chargeable (during the taxable year) to capital
account with respect to that property. With respect to a qualifying gasification
project that is self-constructed property, amounts paid or incurred are chargeable
to capital account at the time and to the extent they are properly includible in
computing basis under the taxpayer’s method of accounting (for example, after
applying the requirements of § 461, including the economic performance
requirement of § 461(h)).
.03 To claim the qualifying gasification project credit on the qualified
progress expenditures paid or incurred by a taxpayer during the taxable year for
construction of a qualifying gasification project, the taxpayer must make an
election under the rules set forth in § 1.46-5(o) of the Income Tax Regulations.
The taxpayer may not make the qualified progress expenditures election for a
qualifying gasification project until the taxpayer has received an acceptance letter

22
for the project under section 4.02(10) of this notice.
.04 If a taxpayer makes the qualified progress expenditures election
pursuant to section 8.03 of this notice, rules similar to the recapture rules in
§ 50(a)(2)(A)-(D) apply. In addition to the cessation events listed in § 50(a)(2)(A),
examples of other events that will cause the project to cease being a qualifying
gasification project are:
(1) Failure to place the project in service within 7 years from the date of
the acceptance letter under section 4.02(10) of this notice; or
(2) A significant change to the plans for the project as set forth in the
applications for § 48B and DOE certification and, under section 6.03 of this
notice, the Service’s acceptance of the project is void as a result of the change.
SECTION 9. DISCLOSURE OF INFORMATION
.01 In general
. Any information contained in the application for DOE
certification or the application for § 48B certification is subject to § 6103 and to
any other applicable exemption set forth in the Freedom of Information Act (the
FOIA). Examples of FOIA exemptions include FOIA trade secrets and
commercial or financial information exemption of 5 U.S.C. 552(b)(4) and the
FOIA personal privacy exemption of 5 U.S.C. 552(b)(6)).
.02 FOIA requests
. Anyone interested in submitting a request for records
under the FOIA with respect to the qualifying gasification project program under
§ 48B (including a request for records relating to the application for DOE
certification) should direct a request that conforms to the Service’s FOIA
regulations, found at 26 C.F.R. § 601.702, to the following address:

23
IRS FOIA Request
Baltimore Disclosure Office
Room 940
31 Hopkins Plaza
Baltimore, MD 21201
SECTION 10. EFFECT ON OTHER DOCUMENTS
Notice 2006-25 is clarified, modified, amplified, and superseded.
SECTION 11. EFFECTIVE DATE
This notice is effective June 7, 2007.
SECTION 12. PAPERWORK REDUCTION ACT
The collection of information contained in this notice has been reviewed
and approved by the Office of Management and Budget in accordance with the
Paperwork Reduction Act (44 U.S.C. § 3507) under control number 1545-2002.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of information
displays a valid OMB control number.
The collections of information in this notice are in sections 4, 5, 6, 7, and
Appendix B of this notice. This information is required to obtain an allocation of
qualifying gasification project credits. This information will be used by the Service to
verify that the taxpayer is eligible for the qualifying gasification project credits. The
collection of information is required to obtain a benefit. The likely respondents are
business or other for-profit institutions.
The estimated total annual reporting burden is 1,700 hours.
The estimated annual burden per respondent varies from 50 to 125 hours,
depending on individual circumstances, with an estimated average of 85 hours.

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The estimated number of respondents is 20.
The estimated annual frequency of responses is on occasion.
Books or records relating to a collection of information must be retained as
long as their contents may become material in the administration of any internal
revenue law. Generally, tax returns and tax return information are confidential,
as required by 26 U.S.C. § 6103.
SECTION 13. DRAFTING INFORMATION
The principal author of this notice is Ruba Nasrallah of the Office of
Associate Chief Counsel (Income Tax & Accounting). For further information
regarding this notice, contact Jaime Park of the Office of Associate Chief
Counsel (Passthroughs & Special Industries) at (202) 622-3120 (not a toll-free
call). For further information regarding the application for § 48B certification,
contact Kimberly Edwards, Executive Assistant, Office of the Industry Director,
Natural Resources and Construction, at (713) 209-3615 (not a toll-free number).

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APPENDIX A
CLOSING AGREEMENT

Under § 7121 of the Internal Revenue Code, [insert taxpayer’s name,
address, and identifying number] (“Taxpayer”) and the Commissioner of Internal
Revenue (“Commissioner”) make the following closing agreement:
WHEREAS:
1. On or before March [insert date and year], Taxpayer submitted to the
Internal Revenue Service (“IRS”), an application for certification under the
qualifying gasification project program described in Notice 2007-53 (“Application
for § 48B Certification”);
2. Taxpayer’s Application for § 48B Certification is for the qualifying
gasification project (the “Project”) described below--
(1) The Project will be located at [insert address or other identifying
designation];
(2) The Project will have a total synthesis gas capacity (as defined
in section 3.03 of Notice 2007-53) of at least [insert number] total MMBtu per
hour of synthesis gas. The synthesis gas is composed primarily of carbon
monoxide and hydrogen for direct use or subsequent chemical or physical
conversion;
(3) The fuels identified in § 48B(c)(2) will at all times cumulatively
comprise at least 90 percent of the total fuel input (as defined in section 3.04(1)
of Notice 2007-53 and including fuels identified in § 48B(c)(2) and any other fuel
input) required by the Project for normal plant operations (as defined in section

26
3.04(2) of Notice 2007-53) for the production of chemical feedstocks, liquid
transportation fuels, or co-production of electricity; and
3. On [insert date of acceptance letter issued under section 4.02(9) of
Notice 2007-53], the IRS accepted Taxpayer’s Application for § 48B Certification
for the Project and allocated a qualifying gasification project credit under § 48B in
the amount of $[insert number] to the Project.
NOW IT IS HEREBY DETERMINED AND AGREED FOR FEDERAL INCOME
TAX PURPOSES THAT:
1. The total amount of the qualifying gasification project credit to be
claimed for the Project under § 48B(a) must not exceed $[insert the number in
WHEREAS clause #3].
2. If the Project is not placed in service by Taxpayer within 7 years of
[insert the date in WHEREAS clause #3], the qualifying gasification project credit
in the amount of $[insert the number in WHEREAS clause #3] allocated to the
Project is fully forfeited.
3. If the plans for the Project change in any significant respect from the
plans set forth in the application for DOE certification (as defined in section 4.01
of Notice 2007-53) and the Application for § 48B Certification (as defined in
section 4.01 of Notice 2007-53) and, under section 6.03 of Notice 2007-53, the
acceptance of Taxpayer’s Application for § 48B Certification on [insert the date in
WHEREAS clause #3] is void, the qualifying advanced coal project credit in the
amount of $[insert the number in WHEREAS clause #3] allocated to the Project
is fully forfeited.

27
4. (1) If the Project fails to use gasification technology as defined in
§ 48B(c)(2) or is not carried out by an eligible entity (as defined in section 3.02 of
Notice 2007-53), the qualifying gasification project credit in the amount of $[insert
the number in WHEREAS clause #3] allocated to the Project is fully forfeited.
(2) If, at any time, the fuels identified in § 48B(c)(2) with respect to the
gasification technology for the Project do not cumulatively comprise at least 90
percent of the total fuel input (as defined in section 3.04(1) of Notice 2007-53 and
including fuels identified in § 48B(c)(2) and any other fuel input) required by the
Project for normal plant operations (as defined in section 3.04(2) of Notice 2007-
53) for the production of chemical feedstocks, liquid transportation fuels, or co-
production of electricity, the Project ceases to be investment credit property and
the recapture rules of § 50(a) apply.
5. Taxpayer will not claim the qualifying advanced coal project credit under
§ 48A for any qualified investment for which the qualifying gasification project
credit is allowed under § 48B.
6. If Taxpayer elects to claim the qualifying gasification project credit on
the qualified progress expenditures paid or incurred by Taxpayer during the
taxable year(s) during which the Project is under construction and if the Project
ceases to be a qualifying gasification project (whether before, at the time, or after
the Project is placed in service), rules similar to the recapture rules in
§ 50(a)(2)(A) through (D) apply.
7. This agreement applies only to Taxpayer. Any successor in interest
must execute a new closing agreement with the IRS. If the interest is acquired at

28
or before the time the Project is placed in service and the successor in interest
fails to execute a new closing agreement, the qualifying gasification project credit
in the amount of $[insert the number in WHEREAS clause #3] allocated to the
Project is fully forfeited. If the interest is acquired after the time the Project is
placed in service and the successor in interest fails to execute a new closing
agreement, the Project ceases to be investment credit property and the recapture
rules of § 50(a) apply.
THIS AGREEMENT IS FINAL AND CONCLUSIVE EXCEPT:
1. The matter it relates to may be reopened in the event of fraud,
malfeasance, or misrepresentation of a material fact;
2. It is subject to the Internal Revenue Code sections that expressly
provide that effect be given to their provisions (including any stated exception for
§ 7122) notwithstanding any law or rule of law; and
3. If it relates to a tax period ending after the date of this Closing
Agreement, it is subject to any law enacted after such date, which applies to the
tax period.

By signing, the parties certify that they have read and agreed to the terms of this
Closing Agreement.

Taxpayer: [insert name and identifying number]

By: __________________________________ Date Signed: ___________
[insert name]

29
Title: [insert title]
[insert taxpayer’s name]

Commissioner of Internal Revenue

By: __________________________________ Date Signed: ____________
[insert name]

Title: [insert title]

30

I have examined the specific matters involved and recommend the
acceptance of the proposed agreement.
(Receiving Officer) ......................................................................
(Title) .................................................
Date Signed ....................................................

I have reviewed the specific matters involved and recommend the
acceptance of the proposed agreement.

(Reviewing Officer) ....................................................................
(Title) ...............................................
Date Signed ....................................................

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APPENDIX B

APPLICATION FOR DOE CERTIFICATION

REQUEST FOR SUPPLEMENTAL APPLICATION INFORMATION FOR DOE

The Internal Revenue Service (“IRS”) and the Department of Energy (“DOE”)
seek to certify applications that demonstrate a high likelihood of being
successfully implemented by the applicants. To qualify, projects must be
economically feasible and use the appropriate gasification technology.

This request for submission of supplemental application information:

1. Describes the information to be provided by the applicant seeking a
certification of feasibility, and
2. Lists the evaluation criteria and Program Policy Factors to be used by
DOE in the evaluation of applications.

In conducting this evaluation, the DOE may utilize assistance and advice from
qualified personnel from other Federal agencies and/or non-conflicted
contractors. DOE will obtain assurances in advance from all evaluators that
application information shall be kept confidential and used only for evaluation
purposes. DOE reserves the right to request clarifications and/or supplemental
information from some or all applicants through written submissions and/or oral
presentations.

Notice is given that DOE may determine whether or not to provide a certification
to the IRS at any time after the application has been received, without further
exchanges or discussions. Therefore, all applicants are advised to submit their
most complete and responsive application.

Applications will not be returned.

SUBMISSION INFORMATION FOR DOE CERTIFICATION APPLICATION

A. General

This request, together with the information in sections 5.02, 6.01, and 6.02 of
Notice 2007-53 includes all the information needed to complete an application for
DOE certification. All applications shall be prepared in accordance with this
request in order to provide a standard basis for evaluation and to ensure that
each application will be uniform as to format and sequence.

Each application should clearly demonstrate the applicant’s capability,
knowledge, and experience in regard to the requirements described herein.

32

Applicants should fully address the requirements of Notice 2007-53 and this
request and not rely on the presumed background knowledge of reviewers.
DOE may reject an application that does not follow the instructions regarding the
organization and content of the application when the nature of the deviation
and/or omission precludes meaningful review of the application.

B. Unnecessarily Elaborate Applications

Unnecessarily elaborate brochures or other presentations beyond those sufficient
to present a complete and effective application are not desired. Elaborate art
work, graphics and pictures are neither required nor encouraged.

C. Application Submission for DOE Certification

The application submission to DOE must include the information and
documentation required by sections 5.02, 6.01, and 6.02 of Notice 2007-53.

An application will not be considered in the allocation round conducted in 2007-
08 unless it is postmarked by October 31, 2007, and will not be considered in the
allocation round conducted in 2008-09 unless it is postmarked by October 31,
2008. Two paper copies and one electronic version on a floppy disc or a CD of
the Application must be submitted to:

Melissa Robe
National Energy Technology Laboratory
3610 Collins Ferry Road
Morgantown, WV 26507

Note that under section 5.03(1) of Notice 2007-53, one paper copy and one
electronic version must be sent to the IRS as part of the application for IRS
certification. The application for IRS certification will not be considered in the
allocation round conducted in 2007-08 unless it is submitted to the IRS by March
3, 2008, and will not be considered in the allocation round conducted in 2008-09
unless it is submitted to the IRS by March 2, 2009.

THE INFORMATION REQUIRED BY THIS REQUEST MUST BE SUBMITTED
USING THE FORMAT AND THE HEADINGS OF THE PROJECT
INFORMATION MEMORANDUM AS DESCRIBED BELOW.

To aid in evaluation, applications shall be clearly and concisely written and
logically assembled. All pages of each part shall be appropriately numbered and
identified with the name of the applicant and the date.

The application, including the Project Information Memorandum, MUST be

33
formatted in one of the following software applications:

Microsoft Word
tm
2002 or later edition
Microsoft Excel
tm
2002 or later edition
Adobe Acrobat
tm
PDF 6.0 or later edition

Financial models should be submitted using the Excel
tm
spreadsheet and must
include calculation formulas and assumptions.

The applicant is responsible for the integrity and structure of the electronic files.
The DOE will not be responsible for reformatting, restructuring or converting any
files submitted under this announcement.

The Project Information Memorandum, excluding Appendices
, shall not exceed
seventy-five (75) pages. Pages in excess of the page limitation will not be
considered for evaluation. All text shall be typed, single spaced, using 12 point
font, 1 inch margins, and unreduced 8-1/2-inch by 11-inch pages. Illustrations
and charts shall be legible with all text in legible font. Pages shall be sequentially
numbered. Except as otherwise noted herein the page guidelines previously set
forth constitute a limitation on the total amount of material that may be submitted
for evaluation. No material may be incorporated in any application by reference
as a means to circumvent the page limitation.

D. Form of Project Information Memorandum

PROJECT INFORMATION MEMORANDUM

I. SUMMARY AND INTRODUCTION

• Description of the Project
• Financing and Ownership Structure
• Describe the main parties to the project, including background,
ownership and related experience
• Current Project Status and Schedule to Beginning of Construction

II. TECHNOLOGY AND TECHNICAL INFORMATION

Provide a description of the proposed technology, including sufficient
supporting information (such as vendor guarantees, process flow
diagrams, equipment descriptions, information on each major process unit
and the total plant, compositions of major streams, and the technical plan
for achieving the goals proposed for the project) as would be needed to
allow DOE to confirm that the technical requirements of § 48B are met.
Specifically, the applicant should:

34
• Provide evidence sufficient to demonstrate that the proposed
technology will employ gasification technology as defined in §
48B(c)(2).
• Present information sufficient to justify the total amount of synthesis
gas (as defined in § 48B(c)(2)) to be produced by the project
(synthesis gas capacity). Provide the total MMBtu/hr of the syngas
(HHV) at the gasifier outlet.
• Provide evidence sufficient to ensure that fuels defined in § 48B(c)(2)
will comprise 90 percent of the total fuel input (fuels defined in
§ 48B(c)(2) and any other fuel input) for the project. Provide the total
quantities of CO, H2, CH4, CO2, and water in the syngas.
• Identify the domestic industry for which the proposed project is
intended to be used.
• Identify the specific products and quantities produced by the proposed
project, providing sufficient evidence to support claims.
• Provide evidence that indicates, for projects using non renewable
fuels, the gasification technology design reflects reasonable
consideration for, and is capable of, accommodating equipment
necessary to capture carbon dioxide for later use or sequestration.
Include the project status and relevant information from ongoing
engineering activities. Also include in an appendix any engineering
report or reports used by the applicant to develop the project and to
estimate costs and operating performance.

III Applicant’s Capability to Accomplish the Technical Objectives

Provide a narrative supporting the applicant’s capability to accomplish the
technical objectives of the proposed project, including supporting
documentation demonstrating that the applicant has assembled a team
that is formally committed to participate in the proposed project.

• Provide information to support that the applicant has assembled a
team with the skills and resources needed to implement the project as
proposed. Provide signed agreements or letters from team members
demonstrating that the proposed team members are fully committed to
the project.
• Provide information, including examples of prior similar projects
completed by applicant, EPC contractor, and suppliers of major
subsystems or equipment, which support the capabilities of the
applicant and its team members to design, construct, permit, and
operate the facility. The applicant should demonstrate that the team
members have a corporate history of successful completion of similar
projects.
• Provide information to support that key personnel of the applicant and
its team members have knowledge, experience, and adequate degree
of involvement to successfully implement the project.

35
• Include the project status and relevant information from ongoing
engineering activities. Also include in an appendix any engineering
report or reports used by the applicant to develop the project and to
estimate costs and operating performance. Included copies of any
signed agreements to support project status claims regarding
preliminary design studies, FEED, and EPC-type agreements.

IV. SITE CONTROL AND OWNERSHIP

• Provide evidence that the applicant owns or controls a site in the
United States of sufficient size to allow the proposed project to be
constructed and operated on a long-term basis. Documentation such
as a deed demonstrating the applicant owns the project site, a signed
option to purchase the site from the site owner, or a letter of intent by
the site owner to sell the site to the applicant should be provided.
• Describe the current infrastructure at the site available to meet the
needs of the project.
• Provide documentation supporting applicant's conclusion that the
proposed site can fully meet all environmental, feedstock supply, water
supply, transportation and public policy requirements. Such
documentation may include signed agreements, letters of intent, or
term sheets, such as coal supply, water supply, and product
transportation etc., and regulatory approvals supporting the key claims.
• Provide detailed plans, schedules and status updates, particularly, for
sites with pre-existing conditions that could impact the proposed
project. Pre-existing conditions may include, but are not limited to,
sites with mandated environmental remediation efforts; brown-field
sites that will require building demolition; or sites requiring substantial
rerouting of existing roads, railroads, or pipelines prior to the start of
the project.
• Applicants must select one “proposed site.” However, projects with
key physical or logistical elements that require close integration with
another system for the project to succeed should provide information
on all integrated systems regardless of where they are located.
Example 1: a gasification plant designed to operate exclusively on
coals from a to-be-opened mine should provide supporting
documentation for the new mine. Example 2: an oxygen-blown
gasification plant planning to purchase oxygen from a third party who
will construct a plant exclusively for this project should provide
documentation for the oxygen supplier.

V. UTILIZATION OF PROJECT OUTPUT

• Provide evidence that a market exists for the products of the proposed
project as evidenced by contracts or written statements of intent from
potential customers. Such documentation should be signed by

36
authorizing officials by both the buyer and seller, and may include:
Sales Agreements, Letters of Intent, Memoranda of Understanding,
and Option Agreements.
• Describe any sales arrangements that exist or that may be
contemplated and summaries of their key terms and conditions.
• Include as an appendix any independent Market Study that has been
done in connection with this project, or if no independent market study
has been completed, provide a copy of the applicant-prepared market
study.

VI. PROJECT ECONOMICS

Describe the project economics and provide satisfactory evidence of
economic feasibility as demonstrated through the financial forecast and
the underlying project assumptions. The project economic and financial
assumptions should be clearly stated and explained.

Discuss the market potential for the proposed technology beyond the
project proposed by the applicant.

Show calculation for the amount of tax credit applied for based on
allowable cost.

VII. PROJECT DEVELOPMENT AND FINANCIAL PLAN

Provide the total project budget and major plant costs (e.g.
, development,
operating, capital, construction, and financing costs). Provide the
estimated annual budget for and source of project development costs from
the time of the application until the beginning of construction, including
legal, engineering, financial, environmental, overhead, and other
development costs. Describe the overall approach to project development
and financing sufficient to demonstrate project viability. Provide a
complete explanation of the source and amount of project equity. Provide
a complete explanation of the source and amount of project debt. Provide
the audited financial statements for the applicant for the most recently
ended three fiscal years, and the unaudited quarterly interim financial
statements for the current fiscal year for (a) the applicant, (b) for any of the
project parties providing funding, and (c) for any third party funding
source. If the applicant or another party does not have audited financial
statements, the applicant or the party should provide equivalent financial
statements prepared by the applicant or the party, in accordance with
Generally Accepted Accounting Principles, and certified as to accuracy
and completeness by the Chief Financial Officer of the party providing the
statements. Applicant should demonstrate that the award recipient is
financially viable without the receipt of additional federal funding
associated with the proposed project.

37

For internally financed projects, provide evidence that the applicant has
sufficient assets to fund the project with its own resources. Identify any
internal approvals required to commit such assets. Include in an appendix
copies of any board resolution or other approval authorizing the applicant
to commit funds and proceed with the project.

For projects financed through debt instruments either unsecured or
secured by assets other than the project, provide evidence that the
applicant has sufficient creditworthiness to obtain such financing along
with a discussion of the status of such instruments. Identify any internal
approvals required to commit the applicant to pursue such financing.
Include in an appendix, copies of any board resolution or other approval
authorizing the applicant to commit to such financing.

For projects financed through investor equity contributions, discuss the
source and status of each contribution. Discuss each investor’s financial
capability to meet its commitments. Include in an appendix, copies of any
executed investment agreements.

If financing through a public offering or private placement of either debt or
equity is planned for the project, provide the expected debt rating for the
issue and an explanation of applicant's justification for the rating.
Describe the status of any discussions with prospective investment
bankers or other financial advisors.

For projects employing nonrecourse debt financing, provide a complete
discussion of the approach to, and status of, such financing. In an
appendix, provide (1) an Excel based financial model of the project, with
formulas, so that review of the model calculations and assumptions may
be facilitated; provide pro-forma project financial, economic, capital cost,
and operating assumptions, including detail of all project capital costs,
development costs, interest during construction, other operating
expenses, and all other costs and expenses.

VIII. PROJECT CONTRACT STRUCTURE

Describe the current status of each of the agreements set forth below.
Include as an appendix copies of the contracts or summaries of the key
provisions of each of the following agreements:

• Raw Material Input Supply: describe the source and price of raw
material inputs for the project. Include as an appendix any studies of
price and amount of raw materials that have been prepared. Include a
summary of any supply contracts and a signed copy of the contracts.

38
• Transportation: explain the arrangements for transporting project
inputs and outputs, including costs.
• Operations & Maintenance Agreement: include a summary of the
terms and conditions of the contract and a copy of the contract.
• Shareholders Agreement: summarize key terms and include the
agreement as an appendix.
• Engineering, Procurement and Construction Agreement: describe the
key terms of the existing or expected EPC contract arrangement,
including firm price, liquidated damages, hold-backs, performance
guarantees, etc.
• Water Supply Agreement: confirm the amount, source, and cost of
water supply.

IX. PERMITS INCLUDING ENVIRONMENTAL AUTHORIZATIONS

• Provide a complete list of all federal, state, and local permits, including
environmental authorizations or reviews, necessary to commence
construction of the project.
• Explain what actions have been taken to date to satisfy the required
authorizations and reviews, and the status of each.
• Provide a description of the applicant’s plan to obtain and complete all
necessary permits, and environmental authorizations and reviews.
• Existing permits and permit applications must be specific to the project
proposed. If existing permits are not specific for the proposed project
(i.e. permits for oil-fired or natural gas-based systems), specific plans,
procedures and schedules for reapplying, modifying and/or
renegotiating permits should be provided.

X. PROJECT SCHEDULE

• Provide an overall project schedule which includes technical, business,
financial, permitting and other factors to substantiate that the project
will meet the 7 year requirement for placing the plant in service.
• The project schedule should be comprehensive and provide sufficient
detail to demonstrate how applicant will meet the placed-in-service
requirement. The schedule should demonstrate that the applicant
understands the required tasks, and has allowed realistic times for
accomplishing the technical and financial tasks. The schedule should
include the milestone accomplishments needed to obtain the financing
for the project.

APPENDICES

• Copy of internal or external engineering reports.

39
• Copy of site plan, together with evidence that applicant owns or controls a
site. Examples of evidence would include a deed, or an executed contract
to purchase or lease the site.
• Information supporting applicant's conclusion that the site is fully
acceptable as the project site with respect to environment, raw material
supply, water supply, and public policy reasons.
• Project Market Study.
• Financial Model of project.
• Financial statements for the applicant and other project funding sources
for the most recently ended three fiscal years, and the unaudited quarterly
interim financial statements for the current fiscal year.
• Expressions of interest or commitment letters from funding sources.
• For each project contract, if no contract currently exists, provide a
summary of the expected terms and conditions.
• List of all federal, state, and local permits, including environmental
authorizations or reviews, necessary to commence construction.
• Copies of any contract or written statements from customers of intent to
purchase project products.

E. Evaluation Criteria:

Industrial Gasification Projects: will be evaluated on whether they meet all the
requirements of § 48B.

Technical: will be evaluated on whether the applicant has demonstrated the
capability to accomplish the technical objectives.

Site: will be evaluated on the basis that the site requirement for ownership or
control has been met, and that the site is suitable for the proposed project.

Economic: will be evaluated on whether the project has demonstrated economic
feasibility, taking into consideration the submitted financial and project
development and structural information and financial plan.

Schedule: will be evaluated on the applicant’s ability to meet the 7 year placed-
in-service requirement.

F. Program Policy Factors to be used by DOE in the evaluation of
applications

Section 48B identifies minimum requirements for consideration for the qualifying
gasification project credit, including the project’s technical feasibility, cost, and
applicant’s ability. In the event that there are more qualified (certifiable)
applications than there are available tax credits, the DOE will apply additional
factors to rank eligible projects based on their ability to advance the deployment
of industrial gasification technology beyond its current state.

40

If there are two or more certified applications than available credits, DOE will
rank the certified projects in descending order (that is, first, second, third, etc.),
based on evaluation of the following Program Policy Factors. Factors 1, 2, and
3 are Primary Ranking Factors. A certified project that satisfies one of these
factors will be ranked ahead of each project that satisfies only factors listed
below that factor. Specifically, all certified projects satisfying Factor 1 will be
selected before any project that does not satisfy Factor 1; all projects satisfying
Factor 2 will be ranked ahead of any project that satisfies only Factor 3 and/or
one or more Secondary Ranking Factors; and all projects satisfying Factor 3 will
be ranked ahead of any project that does not satisfy any Primary Ranking
Factors.

Primary Ranking Factors:

1. Capture and sequestration of 50 percent or more of carbon dioxide
emissions. Only projects capturing and sequestering 50 percent or more
of the plant’s carbon dioxide emissions will satisfy this factor. Within this
factor, higher rankings will be given to those projects capturing and
sequestering higher percentages of plant carbon dioxide emissions.

2. Use of advanced technologies that optimize the plant for future carbon
dioxide capture (for example, gasifier sizing and pressure, air separation
unit sizing, and quench system) as well as systems that are designed to
capture and sequester less than 50 percent of the carbon dioxide. Within
this factor, higher rankings will be given to those projects capturing and
sequestering higher percentages of plant carbon dioxide emissions and/or
requiring less retrofitting to implement greater than 50 percent carbon
capture and sequestration.

3. Location of the facility within 25 miles of potential carbon sequestration
locations and carbon dioxide (CO2) pipelines or pipeline easements.
Within this factor, higher rankings will be given to those projects with the
facility located closer to potential carbon sequestration locations and
carbon dioxide (CO2) pipelines or pipeline easements.

Secondary Ranking Factors:

• Location of the facility relative to potential carbon sequestration
locations and carbon dioxide (CO2) pipelines or pipeline easements
(for facilities not meeting Factor 3).

• Presentation of other environmental, economic, or performance
benefits (including priority factors that are listed in section 5.02(9) of
Notice 2007-53 and are not included in the Primary Ranking Factors).

41
• Higher plant efficiency.

• Geographic distribution of potential markets.

• The ratio of total synthesis gas capacity (as defined in section 3.03 of
Notice 2007-53) to requested tax credit.

• Diversity of technology approaches and methods.

G. Supplemental Technical and Financial Guidance for Section D
“Project Information Memorandum”

Technology and Technical Information

• It is important that the applicant select a specific gasification system for
their project. Without that decision, it is difficult to provide the necessary
specific design information needed for DOE to evaluate the project
feasibility with respect to performance, emissions, outputs of major
streams as well as capital and operating costs.

Project Economics

• Applicants should demonstrate the project’s economic feasibility and
financial viability by providing a clear statement and explanation of the
economic and financial assumptions made by the applicant, and a
financial forecast for the project. The financial forecast should flow
logically from the applicant’s assumptions and be consistent with them.
Applicants should include assumptions regarding financial and economic
issues that may not be included in the project costs but have a direct
impact on the project. The examples given in the “Site Control and
Ownership” section are relevant here and their impact on the project
economics should be discussed here.

Project Development and Financial Plan

• The information provided by the applicant in this section should
demonstrate that the applicant’s financial plan for developing the project is
feasible and that the applicant will have access to necessary financing.
The applicant should explain the source and timing for obtaining all
financing, including the project development costs. It is important that the
applicant explain and provide evidence that it has the capacity to fund the
pre-construction project development costs, together with a budget for and
description of those costs. Note that financial information is required for

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the applicant and for any other funding source.

Project Contract Structure

• This section requires that the applicant demonstrate an understanding of
the commercial contracting process and show progress in establishing the
framework of contracts and agreements that a project typically requires.
Applicants should show that their intended contract structure is reasonable
and that their assumptions relative to price, terms, and conditions are
consistent with current market conditions. Evidence of final agreements,
agreements in principle, or summaries of terms and conditions between
the applicant and contract counterparties should be provided, if available.

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APPENDIX C

CONSENT TO PUBLIC DISCLOSURE
OF CERTAIN QUALIFYING GASIFICATION PROJECT PROGRAM
APPLICATION INFORMATION

In the event that the Application for § 48B Certification of [(Insert name of
applicant-taxpayer here): ____________________________] (the Applicant-
Taxpayer) for an allocation of qualifying gasification project credits under section
48B of the Internal Revenue Code is approved, the undersigned authorized
representative of the Applicant-Taxpayer hereby consents to the disclosure by
the Internal Revenue Service through publication of a Notice in the Internal
Revenue Bulletin or a press release of: (1) the name of the Applicant-Taxpayer;
(2) if the Applicant-Taxpayer is a member of an affiliated group filing consolidated
returns, the name of the common parent of the group; (3) the type and location of
the project that is the subject of the Application for § 48B Certification; and (4) the
amount of the allocation, if any, of qualifying gasification project credits for such
project. The undersigned understands that this information might be published,
broadcast, discussed, or otherwise disseminated in the public record.

This authorization shall become effective upon the execution thereof. Except to
the extent disclosure is authorized herein, the returns and return information of
the undersigned taxpayer are confidential and are protected by law under the
Internal Revenue Code.

I certify that I have the authority to execute this consent to disclose on behalf of
the taxpayer named below.

Date: __________________ Signature:
_________________________

Print name:
_________________________

Title:
_________________________

Name of Applicant-Taxpayer: ___________________________________

Taxpayer Identification Number: _________________________________

Taxpayer’s Address:
____________________________________________

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____________________________________________

____________________________________________

Note: Treasury Regulations require that the Internal Revenue Service must
receive this consent within 60 days after it is signed and dated.