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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

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

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

28

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