Offshore Wind Development in the U.S.

Transcription

1 Offshore Wind Development in the U.S. Dan Chorost November 2017

2 Roadmap U.S. Offshore Wind Resources and Development Legal Framework for OSW Development in the U.S. State-Led Initiatives: New York Litigation and Lessons Learned

3 Roadmap U.S. Offshore Wind Resources and Development Legal Framework for OSW Development in the U.S. State-Led Initiatives: New York Litigation and Lessons Learned

4 Potential American Offshore Wind Energy 2016: 14.4 GW OSW installed globally U.S. technical potential capacity = 2,000 GW Equals 2x total U.S. energy consumption With technological improvements, U.S. capacity = 11,000 GW

5 Wind Resources of the U.S.

6 Status of U.S. Offshore Wind Development Block Island (Deepwater Wind) First U.S. wind farm, late MW, 5 turbines Lake Erie (Cleveland) Icebreaker Wind to open MW, 6 turbines 11 active commercial leases

7 Roadmap U.S. Offshore Wind Resources and Development Legal Framework for OSW Development in the U.S. State-Led Initiatives: New York Litigation and Lessons Learned

8 Legal Framework for OSW Leases State jurisdiction: up to 3 nautical miles from coast Siting of transmission facilities Leases/easements, permits for transmission lines Environmental review Federal jurisdiction: between NM offshore Bureau of Ocean Energy Management (BOEM) = lead authority Leases for commercial activities Environmental review and plan approval Coordination with other federal agencies and states

9 BOEM s Leasing Process Source: NYSERDA, Advancing the Environmentally Responsible Development of Offshore Wind Energy in New York State: A Regulatory Review and Stakeholder Perceptions.

10 Federal and State Agencies Federal Agencies State Agencies (New York) Bureau of Ocean Energy Management (BOEM) Fish and Wildlife Service (FWS) National Oceanic and Atmospheric Administration (NOAA) Office of Ocean and Coastal Resource Management (OCRM) National Marine Fisheries Service (NMFS) Environmental Protection Agency (EPA) Department of State (DOS) Department of Environmental Conservation (DEC) Department of Public Service, Public Service Commission (PSC) Office of General Services (OGS) Office of Parks, Recreation, and Historic Preservation (OPRHP), State Historic Preservation Office (SHPO) Advisory Council on Historic Preservation Federal Aviation Administration (FAA) United States Coast Guard (USCG) United States Army Corps of Engineers (USACE) Operational Safety and Health Administration (OSHA)

11 Federal and State Statutes Federal Statutes State Statutes (New York) National Environmental Policy Act (NEPA) Endangered Species Act Marine Mammal Protection Act Magnuson-Stevens Fishery Conservation and Management Act Marine Protection, Research and Sanctuaries Act National Marine Sanctuaries Act Coastal Zone Management Act (CZMA) National Historic Preservation Act (NHPA) Federal Aviation Act Federal Power Act Ports and Waterways Safety Act Rivers and Harbors Act Outer Continental Lands Act Clean Water Act Clean Air Act Fish and Wildlife Coordination Act (FWCA) State Executive Law Public Service Law Public Lands Law Environmental Conservation Law Tidal Wetlands Act State Historic Preservation Act Highway Law Vehicle and Traffic Law New York State is also involved in compliance with CZMA, FWCA, NHPA

12 BOEM Leases around New York Source: US Bureau of Ocean Energy Management

13 BOEM Wind Leases Lease # Year State Developer Bid rounds Fee Paid (rounded) OCS-A MA Cape Wind Associates, LLC N/A $0 OCS-A DE GSOE I, LLC* (Deepwater) N/A $0 OCS-A VA Virginia Electric and Power Co. 6 $1,600,000 OCS-A 0486 OCS-A 0487 OCS-A 0489 OCS-A RI/MA Deepwater Wind New England 11 $3,800, MD US Wind, Inc. 19* $8,700,000 OCS-A MA Bay State Wind LLC (DONG)* 2 $280,000 OCS-A MA Offshore MW LLC 2 $150,000 OCS-A NJ RES America Developments Inc. 7 $880,000 OCS-A NJ US Wind Inc. 7 $1,000,000 OCS-A NY Statoil Wind US LLC 33 $42,500,000 OCS-A NC Avangrid Renewables, LLC 17 $9,100,000

14 Impact of Current Federal Administration Unknown, but a few positive signs for wind March 2017: 7 th BOEM lease auction 1.5 GW capacity off of North Carolina DOI Secretary called lease sale a big win affirming offshore wind as tool to develop domestic energy and bolster economy BOEM still hosting Intergovernmental Renewable Energy Task Force meetings with participating states, including NY

15 Roadmap U.S. Offshore Wind Resources and Development Legal Framework for OSW Development in the U.S. State-Led Initiatives: New York Litigation and Lessons Learned

16 New York s Proactive Approach to OSW 50% renewable energy sources by commitment to develop 2.4 GW by 2030 NYSERDA (NYS Energy Research and Development Authority) 21 scientific studies (Dec. 2017) BOEM Submission: Area for Consideration (Oct. 2017) BOEM site identification process ( Dec. 2017) New York Offshore Wind Master Plan (Dec. 2017)

17 NYS Master Plan Study Area

18 Roadmap U.S. Offshore Wind Resources and Development Legal Framework for OSW Development in the U.S. State-Led Initiatives: New York Litigation and Lessons Learned

19 Litigation: Cape Wind Proposed by private developer in x 3.6 MW units on Nantucket Sound, MA Close to shore, but still federal waters (3+ NM) DOI awarded first US offshore wind lease in 2010; BOEM initially approved COP in 2011 Legal challenges by third parties Developer won; BOEM issued FEIS Aug What s next Sources of conflict, lessons learned Source:

20 Litigation: Fisheries Survival Fund et al. v. Jewell et al., Civ. No. 1:16-cv (D.D.C.) Challenges BOEM s 2017 lease to Statoil Key issues Scope & timing of NEPA environmental review Alternatives analysis Significance What s next Lessons learned Source:

21 Questions? Dan Chorost Phone (646) Lexington Avenue New York, NY USA