permitting & policies of wind on the water – great lakes –
DESCRIPTION
Permitting & Policies of Wind on the Water – Great Lakes –. Presented By Katherine A. Roek STOEL RIVES LLP June 16, 2009. To order any of these books, please contact:. Katherine A. Roek * 612.373.8820 [email protected] * www.stoel.com. Why are we discussing offshore?. Overview. - PowerPoint PPT PresentationTRANSCRIPT
Permitting & Policies of Permitting & Policies of Wind on the Water – Wind on the Water –
Great Lakes – Great Lakes –
Presented By
Katherine A. RoekSTOEL RIVES LLP
June 16, 2009
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To order any of these books, please contact:To order any of these books, please contact:
Katherine A. Roek * 612.373.8820 [email protected] * www.stoel.comKatherine A. Roek * 612.373.8820 [email protected] * www.stoel.com
Why are we discussing Why are we discussing offshore?offshore?
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Overview Overview
• Offshore vs. Onshore permitting issues
• Federal jurisdictional waters vs. State jurisdictional waters
• Lessons from East Coast
• State of offshore wind development in the Great Lakes
• What are other states doing?
• What does the future hold?4
Permitting IssuesPermitting Issues
• Land interest acquisition
• Local zoning
• Avian impacts
• Other wildlife/endangered species
• Wetlands
• Aviation
• Visual impacts
• Noise/human health consequences
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• Marine mammals• Fish• Navigation• Existing uses (commercial
fisheries, crabbing)• Electromagnetic field• Creation of new environments /
adaptive management• Water quality• Ease of removal• Military radar• Jones Act
ONSHORE OFFSHORE
Siting Authority – Federal Siting Authority – Federal WatersWaters
Outer Continental Shelf (OCS) under the jurisdiction of:
•Minerals Management Service (MMS)
•Federal Energy Regulatory Commission (FERC)
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Siting Authority – Great Siting Authority – Great LakesLakes
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Each state – out to center of Lake
Siting Authority – State WatersSiting Authority – State Waters
• Great Lakes – each state out to center of lake
• Atlantic/Pacific coasts– up to 3 nautical miles offshore
• Gulf of Mexico (Texas, Florida)– 9 nautical miles offshore– Texas: General Land Office
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Offshore Wind Development Offshore Wind Development –Federal Laws–Federal Laws
• National Environmental Policy Act• Submerged Lands Act of 1953• Coastal Zone Management Act• Endangered Species Act• Clean Water Act• Others:
– Fish & Wildlife Coordination Act– Rivers & Harbors Act– Migratory Bird Treaty Act– Marine Mammals Protection Act 9
Offshore Wind Development Offshore Wind Development –State Laws–State Laws
• State environmental policy act (if applicable)
• Great Lakes submerged lands• Water quality• Endangered species / wildlife protection• Commercial fishing / crabbing• Coastal zone management• Onshore issues (cables, waterfront development)• Marine safety• Water rights (?)
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Federal – MMS Leasing Federal – MMS Leasing RegulationsRegulations
• MMS issued final regulations for granting competitive / non-competitive commercial leases, limited leases, rights-of-way and rights-of-use and easements on the OCS.– Finalized proposed regs that were issued
July 9, 2008
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April 22, 2009
Federal – MMS Leasing Federal – MMS Leasing Regulations Regulations
• Types of leases: – Commercial
• Energy development
• ~30 years
• Competitively bid
– Limited• Data gathering
• ~5 years
• BUT: limited power sale permitted12
Federal – MMS Leasing Federal – MMS Leasing RegulationsRegulations
• Regulations also specify: – Required Financial Assurance– Rental Amounts and Operating Fees– Environmental Review
• Changes from proposed rules include:– Allowance of limited power production
during limited lease– Addition of multiple-factor auction format
with respect to bidding process13
Interaction between MMS & Interaction between MMS & FERCFERC
• FERC-MMS signed a Memorandum of Understanding.– FERC will issue licenses for hydro projects
on OCS– MMS will issues leases, easements, and ROW
on OCS
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April 9, 2009
Great Lakes Permitting / Great Lakes Permitting / Siting of Offshore WindSiting of Offshore Wind
• U.S. Army Corps of Engineers will be lead federal permitting agency– NEPA review will be triggered through permit
• Section 10 of Rivers & Harbors Act
• Section 404 of Clean Water Act
– EIS vs. EA? Depends on size, location…
– Programmatic assessments?
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Great Lakes Permitting / Great Lakes Permitting / Siting of Offshore Wind, Siting of Offshore Wind, con’tcon’t
• Other agencies:– State environmental regulatory agencies
• e.g. Michigan Department of Environmental Quality for placement of structures in the Great Lakes – joint application process already in place
– U.S. Coast Guard • Guidance on Offshore Renewable Energy Installations
(OCS) – will adapt to Great Lakes (Corps, not MMS)
– State coastal management agency
– Fish and wildlife (state and federal)16
State InitiativesState Initiatives
• New Jersey– Blue Ribbon Panel to Evaluate Offshore Wind– Ocean Environmental Assessment– $12M in grants– Selected Preferred Developer– Created Energy Master Plan:
• 1,000 MW by 2012; 3,000 MW by 2020
– Offshore Wind Renewable Energy Certificates• All load-serving entities required to obtain ORECs
from offshore wind, based on their percentage of retail sales in NJ
• OREC price to be set by BPU; 20-year term17
State Initiatives, con’tState Initiatives, con’t
• Rhode Island– Ocean Zoning
• Special Area Management Plan
– Selected Preferred Developer– June 2009: Legislation proposed that would
require state’s largest electricity supplier to purchase energy from offshore wind farm
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State Initiatives, con’tState Initiatives, con’t
• Michigan– May 2008: Offshore Wind Permitting Dry-Run
• Wisconsin – January 2009: Public Service Commission –
prepared Feasibility Report. Looked at:• Engineering and Economic Issues
• Human Environment Issues
• Legal Issues
• Community Involvement Issues
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Current U.S. ProjectsCurrent U.S. Projects
• Cape Wind (130 turbines, 420 MW, Nantucket)
– January 16, 2009: Final EIS (2,800-pages)issued by MMS. Awaiting lease from MMS.
– Spring 2009: Received consistency determination, composite approval from state. 21
SOURCE: GreenPeace USA
Current U.S. ProjectsCurrent U.S. Projects
• Bluewater Wind (450 MW, Delaware)
– July 31, 2008: PPA with Delmarva Power approved by DE Public Service Commission.
– Evaluating wind resources, preparing environmental and permitting documents for submission to MMS.
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Current U.S. ProjectsCurrent U.S. Projects
• Deepwater Wind
– January 2009: agreement with RI to construct two-phased project: 5-8 turbines in state waters (2012); utility-scale (~400 MW) in federal waters (TBD).
– October 2008: selected by NJ Board of Public Utilities to build 350 MW wind farm in federal waters. Includes $19 million in state grant monies (2013).
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Current U.S. ProjectsCurrent U.S. Projects
• Wind Energy Systems Technology (WEST)– 2005: Signed lease with TX GLO for 150
MW project.
– Meteorological tower off of Galveston has compiled almost two years of data.
• Great Lakes Energy Development Task Force (off coast of Cuyahoga County, OH – Lake Erie)– Has begun resource assessment. – Spring 2009: feasibility study.
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Current U.S. ProjectsCurrent U.S. Projects
• Long Island Power Authority / Con Edison– Joint FS for interconnection of 350 MW
project 13 miles offshore of Long Island, with the ability to extend up to 700 MW.
– Interconnect request filed w/ NY ISO.– April 2009: Wind collaborative of state,
municipal entities interested in supporting / purchasing power from the project.
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Land-based
OffshoreWindTechnology
EstimatedUS Resource
0m-20m430-GW
ComerciallyProven
Technology DemonstrationPhase
No exclusions assumed for resource estimates
30m-60m541-GW
60m-900m1533-GW
ShallowWater
TransitionalDepth
DeepwaterFloating
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ResourcesResources
• www.mms.gov/offshore/alternativeenergy/regulatoryinformation.htm
• www.awea.org/faq/wwt_offshore.html
• www.psc.wi.gov
• www.michigan.gov/dleg
• www.ri.gov
• www.nj.gov
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