The Energy Policy Act of 2005 and Ocean Renewable Energy: Fresh or False Start?. Carolyn Elefant, Esq. Law Offices of Carolyn Elefant, Wash. DC www.his.com/israel/loce 202-297-6100 Ocean Renewable Energy Coalition www.oceanrenewable.com. Overview. The OTEC Act of 1980: A False Start
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Carolyn Elefant, Esq.
Law Offices of Carolyn Elefant, Wash. DC
Ocean Renewable Energy Coalition
OTEC Act of 1980: False Start Fresh or False Start?
Not yet ready for prime time technology
Overly complex licensing regime
Declining oil prices
Small government administration
Energy Policy Act of 2005
?False v. Fresh
Senate Version of Energy Policy Act: Fresh or False Start?
Contained PTC (production tax credit) of 1.9 cents/kwh for wave, tidal and current technologies in oceans, lakes and rivers
Final Version of the Energy Policy Act
No PTC for ocean
PTC only extended through 2007 when first ocean projects come on line so no real financial benefits from PTCWhat’s Missing?
State Submerged Lands Fresh or False Start?
Up to 3 miles from shore
Up to 10 miles off TX and FL Gulf coast
Up through Canadian border on Great Lakes
Federal Submerged Lands
3 to 200 miles from shore
Federally controlled marine sanctuariesSummary
Former Legislation Fresh or False Start?
Secretary DOI can lease OCS only for “oil and gas” but not for renewables
Companies like Cape Wind can get a permit to use OCS from Corps of Engineers under Section 4(e) of OCSLA
Sec. 388, EPAct
Authorizes DOI to lease OCS for alternative energy development and other non-oil and gas usesOCS Regulation
False Start Fresh or False Start?
Failure to take advantage of appropriated funds to advance technology
Implementation of complex and costly regulation on OCS
Hyping of projects and deals with no substance behind them
Work with agencies and congressional delegation to use funds allocated (use them or lose them)
Fight for PTC and additional benefits to secure equal footing with other renewables
Ensure that OCS regulations encourage, not hinder, offshore renewable development
Use federal recognition in EPAct as credibility for attracting private capitalFalse Start v. Fresh Start