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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.

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Permitting policies of wind on the water great lakes

Permitting & Policies of Wind on the Water – Great Lakes

Presented ByKatherine A. Roek

STOEL RIVES LLP

June 16, 2009


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.com

2



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 issues
Permitting Issues

ONSHORE OFFSHORE

  • 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

  • Land interest acquisition

  • Local zoning

  • Avian impacts

  • Other wildlife/endangered species

  • Wetlands

  • Aviation

  • Visual impacts

  • Noise/human health consequences

5


Siting authority federal waters
Siting – Authority – Federal Waters

Outer Continental Shelf (OCS) under the jurisdiction of:

  • Minerals Management Service (MMS)

  • Federal Energy Regulatory Commission (FERC)

6


Siting authority great lakes
Siting Authority – Great Lakes

Each state – out to center of Lake

7


Siting authority state waters
Siting – 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

8


Offshore wind development federal laws
Offshore Wind Development –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 state laws
Offshore Wind Development –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 (?)

10


Federal mms leasing regulations
Federal – MMS Leasing Regulations

April 22, 2009

  • 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

11


Federal mms leasing regulations1
Federal – MMS Leasing Regulations

  • Types of leases:

    • Commercial

      • Energy development

      • ~30 years

      • Competitively bid

    • Limited

      • Data gathering

      • ~5 years

      • BUT: limited power sale permitted

12


Federal mms leasing regulations2
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 process

13


Interaction between mms ferc
Interaction between MMS & FERC

  • April 9, 2009

  • 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

14


Great lakes permitting siting of offshore wind
Great Lakes Permitting / Siting 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?

15


Great lakes permitting siting of offshore wind con t
Great Lakes Permitting / Siting of Offshore Wind, – con’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 initiatives
State 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 term

17


State initiatives con t
State 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

18


State initiatives con t1
State 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

19


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Current u s projects
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.

    • Spring 2009: Received consistency determination, composite approval from state.

21

SOURCE: GreenPeace USA


Current u s projects1
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.

22


Current u s projects2
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).

23


Current u s projects3
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.

24


Current u s projects4
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.

25


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Resources
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

27


Thank you
Thank you!

Katherine A. Roek

(612) 373-8820

[email protected]

www.stoel.com

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