Permitting an Interisland Cable

Transcription

1 Not as easy as it looks September 14,

2 There are plans for connecting the islands of the State of Hawaii with undersea power transmission cables This presentation will examine regulatory issues that will effect the permitting of an undersea cable(s) The regulatory process is complicated and requires State- State, State-Federal and Federal-Federal multi-agency coordination and cooperation 2

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4 Energy Policy Act of 2005 (PL ) Section 388 amends the Outer Continental Shelf Act lands Act (43 USC 1337). This amendment grants the Department of Interior (DOI) the authority to regulate all renewable energy development in the grant a lease, easement, or right-of-way produce or support production, transportation, or transmission of energy from sources other than oil and gas 4

5 MMS (DOI Agency) produced a Programmatic Environmental Impact Statement for Alternative Energy Development and Production and Alternate Use of Facilities on the Outer Continental Shelf, Final Environmental Impact Statement, October Hawaii and Alaska were excluded from the Programmatic EIS analysis MMS issued final regulations on OCS renewable energy facilities on 29 April 2009 (30 CFR Parts 250,285 and 290). Mineral Management Service (MMS) has since been re-named: Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) 5

6 The BOEMRE authority under the Energy Policy Act of 2005 only extends to federal waters State waters, that is waters within 3 miles of the of each Hawaiian Island, are not under the jurisdiction of BOEMRE Rights of way in these waters are under the jurisdiction of Hawaii DLNR 6

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8 Cable routes between the islands are controlled by two factors: Topography and other physical constraints such as: Depth Slope Bottom contours/stability Law and regulation EPA 2005 NOAA 8

9 Permitting an Interisland cable Cable Limited routes (BOEMRE limits ROW to 200 ft wide) Landings limited on Oahu by existing Grid/grid stability Whale Sanctuary is an issue Federal waters State waters Crossing coral and landing the cable are sensitive issues Converter stations require 5-10 acres and location constrained by roads and accessibility and location of renewable energy facilities 9

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11 Energy Policy Act of 2005 (PL ) ``(10) Applicability.--This subsection does not apply to any area on the outer Continental Shelf within the exterior boundaries of any unit of the National Park System, National Wildlife Refuge System, or National Marine Sanctuary System, or any National Monument.''. 11

12 SOEST published Alternative Routes Chart 12

13 SOEST published Alternative Routes Chart 13

14 NOAA has management authority within the designated whale sanctuary DLNR has management authority for ROW within State waters, including the whale sanctuary BOEMRE has management authority over renewable transmission cables in federal waters, however it cannot issue a ROW in a whale sanctuary Cable routes will have to be precisely determined as two permits authorities meet and change ownership Mutually acceptable requirements ought to be determined prior to permit applications being received 14

15 What will the challenges be for a series of interisland renewable energy transmission cables? Multiple jurisdictions for the cable route Legislated avoidance of the whale sanctuary Landing a cable on multiple islands Locating the converter stations for each landing BOEMRE will prepare a NEPA compliant EIS for the cable in federal waters Landings and generation will have to coordinate and couple with cable EIS 15

16 Short List of probable Agencies Federal Agencies DOI BOEMRE NOAA USF&W DOD COE Marines Navy DOE EPA Federal-State-Local State-County Agencies Hawaii State DLNR Historic Preservation/Cultural Impact Most other Divisions PUC DOH- Environment DOT OHA DBEDT CZM City-County Honolulu Maui? 16

17 Technical challenges Cable manufacturing- Lead time Water depths and acceptable routes Bottom characteristics Natural hazards Landings and coral issues Management of impacts in major environmental areas 17

18 Conclusion The process of: Establishing a cable route Permitting the chosen route Avoiding hazards (technical and political) Will be a challenge and an exhilarating process Planning and conscientious execution will be required by the cable developer 18

19 Thank you Page 19