States’ Roles in U.S. Offshore Wind Development Presented By Katherine A. Roek STOEL RIVES LLP September 22, 2009.

States’ Roles in U.S. States’ Roles in U.S. Offshore Wind Offshore Wind DevelopmentDevelopment

Presented By

Katherine A. RoekSTOEL RIVES LLP

September 22, 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

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Why are we discussing offshore?Why are we discussing offshore?

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Overview Overview

• Federal jurisdictional waters vs. State jurisdictional waters

• Permitting/Siting at the State level

• Which states are active?

• What are they doing?

• What does the future hold?

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Siting Authority – Federal WatersSiting 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 – Great LakesSiting Authority – Great Lakes

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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

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Outer Continental Shelf Outer Continental Shelf Permitting/Siting of Offshore Permitting/Siting of Offshore WindWind

• Minerals Management Service (MMS) lead federal permitting agency under NEPA– Promulgated regulations for granting competitive /

non-competitive commercial leases, limited leases, rights-of-way and rights-of-use and easements on the OCS.

– Requires consultation with numerous other federal agencies, including U.S. Coast Guard, Fish & Wildlife Service, FERC, Federal Aviation Administration, PLUS state agencies.

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Great Lakes Permitting / Siting Great Lakes Permitting / Siting of Offshore Windof 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 / Siting Great Lakes Permitting / Siting of Offshore Wind, 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)11

States Active in Offshore WindStates Active in Offshore Wind

12Source: U.S. Offshore Wind Collaborative, www.usowc.org

MassachusettsMassachusetts

• State has issued final approvals for Cape Wind.

• Created Ocean Management Act, requiring comprehensive development plan, including identification of prudent sites (by Dec. 2009).

• Working with Town of Hull (including $1.7M grant) to prepare preliminary environmental and engineering studies for 4-turbine nearshore project.

• Massachusetts Technology Collaborative created U.S. Offshore Wind Collaborative, including preparation of Framework for Offshore Wind Energy in the United States.

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Rhode IslandRhode Island

• Ocean Zoning– Special Area Management Plan

• Selected Preferred Developer• June 2009: Legislation signed into law that

requires state’s largest electricity supplier to purchase energy from offshore wind farm.– National Grid to issue requests for proposals for

10- to 15-year power purchase agreements for at least 90 MW of its load, plus a utility-scale offshore project of up to 150 MW.

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New YorkNew York

• April 2009: New York Power Authority issues RFEI to support the preparation of an RFP for Great Lakes offshore wind project.– Seeking technical, financial, environmental and commercial

information from the wind industry

– RFP expected to result in selection of developer to construct/operate/maintain farm, enter into long-term PPA.

• July 2009: Long Island-New York City Offshore Wind Collaborative RFI – Exploring possibility of 350 MW offshore wind project apprx. 13

miles off the south shore of Rockaway.

– Interconnect study done (Con Ed/LIPA), application filed with NYISO to interconnect up to 700 MW by 2015.

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New JerseyNew Jersey

• Blue Ribbon Panel to Evaluate Offshore Wind

• Ocean Environmental Assessment

• $12M in grants

• Selected Three Preferred Developers

• 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

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MarylandMaryland

• Sept. 2009: Issued Request for Expressions of Information and Interest– Assessing options for offshore wind development

– Seeking to develop “in-state renewable generation ability to fulfill some” or all of its RPS needs

– Responses to MEA from interested parties, including developers, due early 2010

• Simultaneously launching study to evaluate viability of offshore wind in coastal waters– Building on marine spatial planning work in

development by MD DNR and the Nature Conservancy

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DelawareDelaware

• Bluewater Wind– July 31, 2008: PPA with

Delmarva Power & Light approved by DE Public Service Commission.

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TexasTexas

• TX General Land Office – issued 7 leases since 2005– Wind Energy Systems Technology (WEST)

• 2005: Signed five leases with TX GLO, beginning work on 150 MW project (Galveston).

• Meteorological tower has compiled almost two years of data.

– Baryonyx Corp.• 2009: Signed leases for three sites (two offshore),

with a potential capacity for up to 3,000 MW.

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Great Lakes – Consortiums Great Lakes – Consortiums

• Great Lakes Wind Collaborative– Multi-sector coalition of wind energy stakeholders

working to facilitate the sustainable development of wind power in the binational Great Lakes region.

• Great Lakes Wind Council– Advisory body within the Michigan Department of

Energy, Labor and Economic Growth to provide public forum to identify where, in the Great Lakes, wind energy systems may be prudently sited

– Report issued September 1, 2009

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MichiganMichigan

• May 2008: Offshore Wind Permitting Dry-Run

• Feb. 2009: Great Lakes Wind Council created.

• Sept. 2009: Council issues final report to Gov. Granholm. Recommendations include:

– Set of criteria to identify / map prudent siting for offshore wind.

– Legislative / rule changes to establish leasing process.

– Request that the U.S. Army Corps of Engineers prepare a Programmatic Environmental Impact Statement.

– PSC convene forum to work with stakeholders on an economic analysis of different policy scenarios.

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Michigan, Michigan, con’tcon’t

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WisconsinWisconsin

• January 2009: Public Service Commission – Feasibility Report. – Engineering and Economic Issues

– Human Environment Issues

– Legal Issues

– Community Involvement Issues

• We Energies– Publicly committed funding to performing offshore wind studies

• Legislation?– Increase state RPS, mandate portion in-state

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OhioOhio

• Great Lakes Energy Development Task Force– Consortium of Cleveland Foundation, Cuyahoga County,

Case Western, City of Cleveland, others

– Issued RFQ for development of 5-20 MW offshore pilot project.

– Entered into agreement with JW Great Lakes Wind.

• Spring 2009: Feasibility study issued.– Recommended prudent sites and foundation design

– Evaluated marine ecology and avian issues

– Provided cost estimates

– Recommends next steps

• Currently completing pre-construction avian/bat and ecological studies 24

ResourcesResources

• www.mms.gov/offshore/alternativeenergy/regulatoryinformation.htm

• www.awea.org/faq/wwt_offshore.html• www.psc.wi.gov• www.michigan.gov/dleg• www.michiganglowcouncil.org• www.ri.gov• www.nj.gov• www.linycoffshorewind.com• www.usowc.org

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Thank you!Thank you!

Katherine A. Roek(612) 373-8820

[email protected]

www.stoel.com

www.lawofrenewableenergy.com

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