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How to Grow the U.S. Offshore Wind Industry

How to Grow the U.S. Offshore Wind Industry. Presented By Katherine A. Roek STOEL RIVES LLP February 24, 2010. Katherine A. Roek * 612.373.8820 karoek@stoel.com * www.stoel.com. To order any of these books, please contact:. Why are we discussing offshore?. Which States are Active?.

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How to Grow the U.S. Offshore Wind Industry

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  1. How to Grow the U.S. Offshore Wind Industry Presented ByKatherine A. Roek STOEL RIVES LLP February 24, 2010

  2. Katherine A. Roek * 612.373.8820 karoek@stoel.com * www.stoel.com To order any of these books, please contact: 2

  3. 3

  4. Why are we discussing offshore? 4

  5. Which States are Active? Source: U.S. Offshore Wind Collaborative, www.usowc.org 5

  6. Overview • What are the major regulatory challenges? • What are the driving factors? • What are states doing to encourage development? • What about public/private partnerships? • What does the future hold? 6

  7. Siting Authority – Federal Waters Outer Continental Shelf (OCS) under the jurisdiction of: • Minerals Management Service (MMS) • Federal Energy Regulatory Commission (FERC)

  8. Siting Authority – Great Lakes Each state – out to center of Lake 8

  9. 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 9

  10. 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 10

  11. Federal – MMS Leasing Regulations • Types of leases: • Commercial • Energy development • ~30 years • Competitively bid • Limited • Data gathering • ~5 years • BUT: limited power sale permitted 11

  12. 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? 12

  13. 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) 13

  14. State Leasing/Permitting • State Waters • Great Lakes • Within 3 nautical miles of coasts • Within 9 nautical miles of TX, FL • States to Develop Permitting/Leasing • TX has process, administered through General Land Office • Rhode Island, New Jersey creating state water zoning • Other states, such as Michigan, need to amend current regulatory scheme 14

  15. What are the Driving Factors? • Pricing • Financing • Regulatory Certainty • Infrastructure • Supply Chain • Jobs • Economic Development 15

  16. What are States Doing to Encourage Development? • Performing Feasibility Studies or Environmental Assessments • Working with Developers or Industry • Offering or Developing Incentives 16

  17. Environmental Assessments / Feasibility Studies • Rhode Island • Coastal Resources Management Council developing Special Area Management Plan • New Jersey • Department of Environmental Protection preparing Environmental Baseline Assessment • Massachusetts • Ocean Management Act; created U.S. Offshore Wind Collaborative; MA Executive Office of Energy & Environmental Affairs preparedMassachusetts Ocean Plan 17

  18. Environmental Assessments / Feasibility Studies, con’t • Maryland • Study announced to evaluate offshore viability • Virginia • Coastal Energy Research Consortium preparing report • Delaware • University of DE conducted assessment from MA to DE 18

  19. Environmental Assessments / Feasibility Studies, con’t • New York • NYSERDA funded studies to explore feasibility • Michigan • GLOW Council prepared report, includes criteria for identifying/mapping prudent siting areas • Wisconsin • Wind Working Group prepared feasibility study 19

  20. States Working with Developers or Industry • Rhode Island • Selected preferred developer (Deepwater) • New Jersey • Selected three preferred developers (Bluewater, Deepwater + PSEG, Fishermen’s Energy) • Maine • Governor’s Task Force include offshore legislative recommendations; Univ. of ME received $8M to develop deepwater offshore wind test center. 20

  21. States Working with Developers or Industry, con’t • Delaware • PSC approved PPA between Bluewater and utility for offshore project. • New York • NYPA issued RFP for Great Lakes project (Lake Erie, Ontario); Long Island-NYC Offshore collaborative issued RFI and has filed interconnect request. • Maryland • Issued RFEI assessing options for offshore development. 21

  22. States Working with Developers or Industry, con’t • North Carolina • Governor established offshore energy advisory panel. • South Carolina • State partnering with local utility and universities on feasibility studies. 22

  23. States Offering or Developing Incentives • Rhode Island • Legislation requiring state’s largest electricity supplier to purchase energy from offshore wind farm • New Jersey • Working on Offshore Renewable Energy Credit (OREC) program, modeled after solar REC program • Issued $12M in grant/rebate for met towers to preferred developers • Wisconsin • Legislation including in-state carveout for increased RPS? 23

  24. Public/Private Partnerships • Rhode Island • Quonset Development Corp. working with Deepwater Wind to locate staging and assembly facility at port (former Naval base) • North Carolina • Duke Energy Carolinas partnering with UNC to install three offshore turbines 24

  25. Public/Private Partnerships, con’t • South Carolina • Santee Cooper partnering with Coast Carolina University & SC Energy Office to launch and analyze data from offshore buoys and land-based stations • Wisconsin • We Energies issued RFP for data collection in Lake Michigan • Ohio • Cleveland Foundation, Cuyahoga County, Case Western University partnering on feasibility study, pilot project 25

  26. Projects and Incentives Source: U.S. Offshore Wind Collaborative, www.usowc.org 26

  27. Resources • www.mms.gov/offshore/alternativeenergy/regulatoryinformation.htm • www.awea.org/faq/wwt_offshore.html • www.psc.wi.gov • www.mass.gov • www.michiganglowcouncil.org • www.ri.gov • www.nj.gov • www.linycoffshorewind.com • www.usowc.org 27

  28. Thank you! Katherine A. Roek (612) 373-8820 karoek@stoel.com www.stoel.com www.lawofrenewableenergy.com 28

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