Download - K Roek AWEA Windpower 2009 Presentation
Permitting Policies and Pitfalls of Offshore
Wind
Presented By
Katherine A. RoekSTOEL RIVES LLP
May 5, 2009
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To order any of these books, please contact:
Katherine A. Roek * 612.373.8820 [email protected] * www.stoel.com
Why are we discussing offshore?
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Overview
• Offshore vs. Onshore permitting issues• Federal jurisdictional waters vs. State
jurisdictional waters• State of offshore wind development in
the U.S.• What does the future hold?
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Permitting Issues
• Land interest acquisition• Local zoning• Avian impacts• Other wildlife/
endangered species• Wetlands• Aviation• Visual impacts• Noise/human health
consequences5
• Marine mammals• Fish• Navigation• Existing uses (commercial
fisheries, crabbing)• Electromagnetic field• Creation of new environments /
adaptive management• Water quality• Ease of removal• Military radar
ONSHORE OFFSHORE
Siting Authority – Federal Waters
Outer Continental Shelf (OCS) under the jurisdiction of:
• Minerals Management Service (MMS)
• Federal Energy Regulatory Commission (FERC)
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Siting Authority – State Waters
• Atlantic/Pacific coasts– up to 3 nautical miles offshore
• Great Lakes – each state out to center of lake
• Gulf of Mexico (Texas, Florida)– 9 nautical miles offshore
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Offshore Wind Development –Federal Laws
• Submerged Lands Act of 1953
• Coastal Zone Management Act
• National Environmental Policy Act
• Endangered Species Act
• Clean Water Act
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Offshore Wind Development –Federal Laws
• Others– Fish & Wildlife Coordination Act
– Rivers & Harbors Act
– Migratory Bird Treaty Act
– Marine Mammals Protection Act
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Offshore Wind Development –State Laws
• State environmental policy act (if applicable)• Water quality• Endangered species / wildlife protection• Commercial fishing / crabbing• Coastal zone management• Marine safety• Onshore issues (cables, waterfront
development)• Water rights (?)
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Federal – MMS Leasing Regulations
• 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 Regulations
• Types of leases: – Commercial
• Energy development• ~30 years• Competitively bid
– Limited• Data gathering• ~5 years• BUT: limited power sale permitted
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Federal – MMS Leasing Regulations
• 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 process15
MMS Limited Leases Issued
• MMS issued limited leases (under interim policy) to companies to conduct data collection and technology assessment activities on the OCS. – Does not authorize energy production.
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July 2008
MMS Limited Leases Issued
• Wind energy recipients of leases include:– Fisherman’s Energy (NJ, RI)
– Deepwater Wind (NJ, RI)
– Southern Company (GA)
– Bluewater Wind (DE, NJ, NY, RI)
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Interaction between MMS & FERC
• Federal Power Act – authorizes FERC to issue licenses for
non-federal hydropower projects
• OCSLA – authorizes MMS to issue leases/ROW
on OCS
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Interaction between MMS & FERC
• 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
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Current 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.
– January-March 2009: Received consistency determination, composite approval from state. 21
SOURCE: GreenPeace USA
Current 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. 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. 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. 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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State Initiatives
• Wisconsin – January 2009: Public Service Commission –
prepared Feasibility Report– Working with Michigan on potential cooperation
• Michigan– May 2008: Offshore Wind Permitting Dry-Run– Great Lakes Wind Council created by Governor
to identify prudent locations for offshore wind farms.
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State Initiatives
• Rhode Island– Ocean Zoning– Selected Preferred Developer– Legislation to Facilitate PPAs
• New Jersey– Blue Ribbon Panel to Evaluate Offshore Wind– Ocean Environmental Assessment– Selected Preferred Developer– Created Energy Master Plan
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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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Resources
• 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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Thank you!
Visit our booth - #3148!
Katherine A. Roek
(612) 373-8820
www.stoel.com
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