Marine and Hydrokinetic Energy and the FERC Regulatory Process

Transcription

1 Marine and Hydrokinetic Energy and the FERC Regulatory Process The views expressed in this presentation are those of the author and do not necessarily represent the views of the Commission.

2 Federal Energy Regulatory Commission

3 Functions and Funding Topics Addressed by FERC: private, municipal, and state hydroelectric projects siting and abandonment of interstate natural gas pipelines and storage facilities safe operation and reliability of proposed and operating LNG terminals electric transmission projects under limited circumstances transmission and wholesale sales of electricity in interstate commerce; transmission and sale of natural gas for resale in interstate commerce transportation of oil by pipeline in interstate commerce reliability of the high voltage interstate transmission system certain mergers and acquisitions and corporate transactions by electricity companies accounting and financial reporting and conduct of regulated companies Funding (Hydro): Annual charges assessed to licensees based on generation to cover cost of regulatory program.

4 Hydropower Program Licensees Resource agencies Tribes NGOs Local stakeholders LICENSE ADMINISTRATION & COMPLIANCE

5 FERC Hydropower Jurisdiction Commission authorization is required for Non-federal hydropower projects that: are located on navigable waters; are located on non-navigable waters over which Congress has Commerce Clause jurisdiction, were constructed after 1935, and affect the interests of interstate or foreign commerce (e.g., are connected to the interstate grid); are located on public lands of the United States; or use surplus water from a federal dam.

6 Conventional U.S. Hydropower: Federal and FERC-Regulated U.S. Hydropower Capacity ~ 96,000 MW Supplying Electricity for 9% of U.S. Demand U.S. Hydropower Capacity under FERC Regulation ~ 54,000 MW

7 * From, An Ocean Blueprint for the 21 st Century, U.S. Commission on Ocean Policy, 2004.

8 Marine and Hydrokinetic Projects Projects that generate electricity from waves or directly from the flow of water in ocean currents, tides, or inland waterways.* * This is the definition as relevant to FERC s jurisdiction. A broader definition includes ocean thermal energy conversion (OTEC), which is regulated buy the National Oceanic and Atmospheric Administration.

9 California, : Wave pumps, compressed air/water to shore-based generators & other uses

10 Current Energy Devices 1.) Ocean Current 2.) Tidal Current 3.) Inland (river) Current

11 Wave technology Offshore Pelamis Wave Energy Converter Offshore OPT Power BuoY Near-shore Aquamarine Power Oyster

12 Regulatory Approach The Commission: Supports reasonable development of hydrokinetic projects, while protecting the environment and other public interests, to gain knowledge of the technology s potential and effects. Recognizes the conundrum of need for in-water testing of technology, yet limited information is currently available to prepare application. Tailored existing program to meet the needs of new technologies Preliminary permits Device testing (no grid connection)

13 Types of Issuances Preliminary permits Maintains priority of application for three years Conduct feasibility studies and prefiling activities Does not authorize construction Licenses Authorizes construction and operation Exemptions 5 MW Conduit

14 Preliminary Permit Strict Scrutiny Policy Permit applications Appropriately sized area Details of proposed technology Post-issuance administration Schedule of activities Semi-annual progress reports Start pre-filling in first year for commercial Start pre-filing in second year for pilot Cancel permit if no progress

15 Commercial Project License Integrated Licensing Process (ILP)-default Traditional Licensing Process (TLP) Alternative Licensing Process (ALP) Prefiling Postfiling Consult with interested parties on issues and studies Gather information Conduct studies Prepare license application Seek comments from interested parties Prepare EA or EIS and seek comments Weigh all information in record before Commission decision

16 Integrated Licensing Process Prefiling Initial Proposal & Information Document Scoping Meetings & Public Comment Study Plan Development Conduct Studies & Prepare Application Postfiling Application: Proposal, Effects & Mitigation Measures 1 year 1-2 years FERC Review & Public Comment 1.5 years FERC Environmental Document & Public Comment FERC Authorization (License Order)

17 Integrated Licensing Process

18 Hydropower Licensing Standard Federal Power Act FERC licenses must: Give equal consideration to power and environmental uses within waters of the U.S. Authorize projects that best serve the public interest

19 Distributed Decision Making U.S. Fish & Wildlife Service -Endangered Species Act -Migratory Bird Treaty Act NOAA -Essential Fish Habitat -Marine Mammal Protection Act -Endangered Species Act State Review -Coastal Zone Management Act -Clean Water Act -National Historic Preservation Act U.S. Coast Guard -Ports and Waterways Safety Act

20 Device Testing (no FERC license) Verdant Power, LLC April 2005 Maine Maritime Academy March 2010 Photo from Verdant Short term deployment No grid connection Photo from MMA Experimental technology for purpose of preparing a license application or for educational purposes

21 Device Testing (no FERC license) Other authorizations may still be needed NOAA FWS SHPO CZMA WQC

22 Pilot Project License Small, short term, removable projects Test technology and/or evaluate sites Protect the environment Short license term and small footprint Post-license monitoring Project shutdown or removal if harm Process license applications in as few as 6 months

23 Pilot Project License From the Integrated Licensing Process (ILP) Guidance and Checklist available at Prefiling Draft License Application and Waiver Request Comments on Process/DLA/ Monitoring Plans Public Meeting (if needed) FERC Determination on Waiver Request Postfiling Application Filed REA Notice EA FERC Authorization (License Order) 4.5 months months

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26 Wave & Hydrokinetic Projects (as of February 2012) Issued preliminary permits: : 97 (16,263 MW) 26 tidal, 6 wave, 65 inland Pending preliminary permits : 61 (5,133 MW) 8 tidal, 2 wave, 51 inland Projects in pre-filing for license: 77 (7,997 MW) P Douglas County (OR) Wave Commercial 3.0 MW P Coos Bay (OR) Wave Commercial 100 MW P East River (NY) Tidal Pilot 0.2 MW P Cook Inlet (AK) Tidal Pilot 5.0 MW P Admiralty Inlet (WA) Tidal Pilot 1.0 MW P et al. Mississippi River Projects In-River Commercial 70 projects 7,883 MW P Muskeget Channel (MA) Tidal Pilot 5.0 MW P Whitestone Poncelet (AK) Tidal Pilot 0.1 MW Project in post-filing for license: P Reedsport OPT Wave Park (OR) Wave Commercial 1.5 MW Licenses issued for pilot project: - P Roosevelt Island (NY) Tidal Pilot 1.05 MW - P Cobscook Bay (ME) Tidal Pilot 0.3 MW Amendment issued: P-4306 Hastings Commercial In-River 0.07 MW

27 Studies Baseline Water velocity Characterization of site Geophysical Characterization of seafloor Underwater noise Measurement of ambient noise level Marine Mammals Occurrence and site use Fish Occurrence and site use Birds Occurrence and site use

28 Studies Effects Geophysical - Effects on sediment transport Underwater noise - Measurement of near- and far-field post-deployment noise levels Marine Mammals - Presence and behavioral effects Fish - Presence and behavioral effects; entrainment studies Birds - Presence and behavioral effects

29 Strategies for Success Choosing a Site Meet project goals site size and depth, energy resource, interconnection proximity, accessibility Abundant existing baseline data environmental data from previous or similar site use Compatible with existing uses unique commercial fishing grounds listed species or marine mammal habitat shipping/navigation channels popular recreation areas

30 Strategies for Success Process Considerations Identify stakeholders and engage early Gather information Aggressively gather and creatively use existing data Reduce uncertainty Smart site choice, specific project proposal, coordinate information and permitting needs Address remaining uncertainty Discuss openly, do studies, use adaptive management, consider settlement, test pilot project File complete application Include record of consultation, address all issues Be persistent

31 RITE Project (P-12611)

32 RITE Project (P-12611) Path to License February 28, 2007 Commission issues scoping document March 27 & 28, 2007 Commission holds scoping meetings Between 2007 and 2009 Verdant deploys 6 turbines in East River under Verdant Exemption December 29, 2010 Verdant files license application May 3, 2011 Commission issues EA December 12, 2011 New York DEC issues 401 WQC January 23, 2012 Commission issues 10-year pilot license > thirty 35-kW turbines installed in 3 phases (1,050 kw) year 1 3 turbines year 3 9 additional turbines year 5 18 additional turbines

33 RITE Project (P-12611) License Requirements Safeguard Plans Public Safety and Emergency Shutdown Plan Navigation and Safety Plan Project Removal and Site Restoration Plan Aquatic Environment Record water velocities and water surface level data Underwater noise monitoring and evaluation plan Aquatic/RTE Species Hydroacoustics Monitoring Plan DIDSON Monitoring Plan Species Characterization Netting Plan Tagged Species Detection plan RTE species monitoring

34 RITE Project (P-12611) License Requirements Birds Bird Observation Monitoring Plan Recreation Recreation use monitoring Install public informational displays Aesthetics Design specifications to minimize aesthetic impact Cultural Resources Consultation regarding unanticipated discoveries of cultural resources

35 Cobscook Bay Project (P-12711)

36 Cobscook Bay Project (P-12711) Path to License 2010 ORPC Maine deploys one barge-mounted turbine in Cobscook Bay under Verdant Exemption September 1, 2011 ORPC Maine files license application January 4, 2012 Commission issues EA January 31, 2012 Maine DEP issues 401 WQC February 28, 2012 Commission issues 8-year pilot license > five 60-kW turbines installed in 2 phases (300 kw) year 1 1 turbines year 2 4 additional turbines

37 Cobscook Bay Project (P-12711) License Requirements Safeguard Plans Project Operations and Monitoring Plan Project Inspection and Maintenance Plan Project and Public Safety Plan Navigation Safety Plan Emergency Shutdown Plan Project Removal and Site Restoration Plan Aquatic Environment Hydraulic Monitoring Plan No pile driving activities between April 10 and November 7 of any year Acoustic Monitoring Plan Benthic and Biofouling Monitoring Plan

38 Cobscook Bay Project (P-12711) License Requirements Aquatic/RTE Species Fisheries and Marine Life Interaction Plan Marine Mammal Monitoring Plan Birds Bird Monitoring Plan FWS Bald Eagle Management Guidelines Recreation Install public informational displays Aesthetics Design specifications to minimize aesthetic impact Cultural Resources Consultation regarding unanticipated discoveries of cultural resources Adaptive Management Adaptive Management Plan

39 Interagency Activities IEA-OES Annex IV National Ocean Council Executive Order (July 19, 2010) National Ocean Policy Draft National Ocean Policy Implementation Plan Federal interagency marine hydrokinetic group Existing and pending agreements

40 Existing Memoranda of Understanding State Agency MOUs Oregon (March 2008) Washington (June 2009) Maine (August 2009) California (May 2010) Federal Agency MOUs (relevant to hydrokinetics) Dept. of Interior (MMS) (April 2009) US Army Corps of Engineers (April 2011)

41 Questions? Contact: Merrill Hathaway (202)

42 Web Resources gen-info/licensing/hydrokinetics.asp eop/oceans