Moment Energy has announced rigorous third-party verification confirming its non-Prohibited Foreign Entity (non-PFE) status and compliance with Foreign Entity of Concern (FEOC) requirements for its new battery energy storage system. The achievement gives U.S. customers greater confidence in maintaining eligibility for valuable federal Investment Tax Credits as regulations governing foreign-linked battery supply chains become increasingly stringent.
The review was conducted by a Top 10 U.S. law firm and included scrutiny of Moment Energy’s corporate ownership, effective control and debt financing structure.
Moment Energy is the first battery energy storage system provider with non-PFE status in North America to achieve full FEOC compliance backed by third-party legal review.
Its battery energy storage systems have been designed specifically for the U.S. market, giving site owners a clear path toward Investment Tax Credit eligibility under the new sourcing requirements.
The One Big Beautiful Bill Act significantly tightened FEOC and PFE requirements for companies seeking to qualify for federal Investment Tax Credits. The U.S. Treasury has since issued interim guidance through Notice 2026-15 to help taxpayers navigate the new rules, with further clarification expected as implementation continues.
The stakes for energy storage buyers are significant. Failure to comply can result in the loss of the Investment Tax Credit and expose projects to potential clawbacks during a 10-year recapture period, fundamentally changing project economics.
For taxpayers, that can translate directly into a significant cost advantage for compliant domestic energy storage projects while reducing exposure to foreign supply chain risk.
“With a 10-year recapture period hanging over a project, customers need to know they can trust both the technology and the company behind it,” said James Brady, Vice President of Finance at Moment Energy. “Investment Tax Credit eligibility is fundamental to successful U.S. project economics. We’ve invested heavily in independent legal verification because buyers shouldn’t have to take a manufacturer’s word for it when so much capital is potentially at risk.”
U.S. energy storage remains heavily dependent on foreign-linked battery supply chains, creating growing challenges for developers as domestic sourcing and FEOC requirements tighten. Moment Energy’s use of reengineered second-life EV batteries already in North America reduces reliance on newly manufactured battery cells while creating a more domestic and resilient source of energy storage.
Moment Energy’s battery energy storage system is integrated with FEOC-compliant power conversion systems, providing customers with a straightforward path toward a fully FEOC-compliant battery energy storage system. The company is designing its North American supply chain to meet increasingly stringent Material Assistance Cost Ratio requirements through 2030 under the rules as currently defined and is committed to adapting as those requirements continue to evolve.
“The rules around battery supply chains are becoming increasingly stringent, yet many BESS companies are failing to do the necessary FEOC due diligence. Customers shouldn’t have to gamble valuable tax credits on whether their supplier is a Prohibited Foreign Entity (PFE) or if they’ve properly vetted their own product,” said Edward Chiang, CEO and Co-Founder of Moment Energy. “We’ve built our supply chain around these requirements and subjected it to rigorous third-party legal scrutiny so our customers can move forward with absolute confidence in their Investment Tax Credit eligibility.”
In response to the guidance initially published by the U.S. Treasury, Moment Energy submitted formal comments and met with Treasury officials, sharing industry perspectives on the implementation and future development of new FEOC and PFE requirements.
For developers and project owners seeking a deeper understanding of the new FEOC and PFE requirements, Moment Energy will host a dedicated webinar covering the latest Treasury guidance, supply chain considerations and practical steps for protecting Investment Tax Credit eligibility.
Moment Energy is the first and only company in the world building commercial-scale battery energy storage reengineered from second-life EV batteries, fully compliant to safety standards and deployable in the built environment today. Our systems power data centers, hospitals, factories, and microgrids across North America, manufactured in Texas and British Columbia. Moment Energy is backed by major investors like Amazon Climate Pledge Fund.
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