Third-party legal review has confirmed Moment Energy's non-Prohibited Foreign Entity status and full Foreign Entity of Concern compliance for its new BESS, giving US buyers a documented basis for protecting federal Investment Tax Credits as domestic sourcing requirements tighten through 2030.
Snapshot
Company - Moment Energy, second-life battery storage maker.
Claim - First North American BESS provider verified non-PFE and FEOC compliant.
Reviewer - A Top 10 US law firm, unnamed.
Reviewed - Corporate ownership, effective control, debt financing structure.
Technology - Commercial-scale storage reengineered from second-life EV batteries.
At stake - Investment Tax Credit, with clawbacks over a 10-year recapture period.
Rules - One Big Beautiful Bill Act, Treasury Notice 2026-15.
Made in - Texas and British Columbia.
A Top 10 US law firm has verified Moment Energy's non-Prohibited Foreign Entity (non-PFE) status and Foreign Entity of Concern (FEOC) compliance for its new BESS, giving US buyers a documented basis for claiming federal Investment Tax Credits. The review covered the company's corporate ownership, effective control and debt financing structure.
No other BESS provider in North America holds non-PFE status alongside full FEOC compliance backed by third-party legal review, on the company's account. Moment Energy's systems are designed specifically for the US market, which the company says gives site owners a clear path toward Investment Tax Credit eligibility under the new sourcing requirements.
What buyers stand to lose sets the stakes. Failure to comply can cost a project its Investment Tax Credit and expose it to clawbacks during a 10-year recapture period, fundamentally changing project economics. For compliant domestic storage projects, the same rules can translate into a cost advantage while reducing exposure to foreign supply chain risk.
The One Big Beautiful Bill Act tightened FEOC and PFE requirements for companies seeking to qualify for federal Investment Tax Credits, and the US Treasury has since issued interim guidance through Notice 2026-15, with further clarification expected as implementation continues. Moment Energy's BESS is integrated with FEOC-compliant power conversion systems, and the company is designing its North American supply chain to meet Material Assistance Cost Ratio requirements through 2030 under the rules as currently defined.
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. Investment Tax Credit eligibility is fundamental to successful US 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 ri
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. Investment Tax Credit eligibility is fundamental to successful US 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.James Brady, Vice President of Finance at Moment Energy
US energy storage remains heavily dependent on foreign-linked battery supply chains, which creates growing challenges for developers as domestic sourcing and FEOC requirements tighten. Moment Energy reengineers second-life EV batteries that are already on the continent, which cuts the volume of newly manufactured cells a project has to source.
The rules around battery supply chains are becoming increasingly stringent, yet many BESS companies are failing to do the necessary FEOC due diligence. 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.Edward Chiang, CEO and Co-Founder of Moment Energy
Moment Energy submitted formal comments in response to the guidance initially published by the US Treasury and met Treasury officials to share industry perspectives on how the new FEOC and PFE requirements are implemented. The company will host a webinar for developers and project owners covering the latest Treasury guidance, supply chain considerations and practical steps for protecting Investment Tax Credit eligibility.
Moment Energy builds commercial-scale BESS reengineered from second-life EV batteries, manufactured in Texas and British Columbia. Its systems serve data centers, hospitals, factories and microgrids across North America. Its investors include Amazon Climate Pledge Fund.