A National Renewable Energy Standard Bill Surfaces in DC
Sens. Jeff Bingaman (D-NM) and Sam Brownback (R-KS), with Sens. Byron Dorgan (D-ND), Susan Collins (R-ME), Tom Udall (D-NM), Mark Udall (D-CO) and others joining, announced today that they will introduce a stand-alone Renewable Electricity Standard (RES) bill. The bill will require sellers of electricity to obtain the following milestones in adding renewable energy resources or energy efficiency:
2012-2013 - 3%
2014-2015 - 6%
2017-2018 - 9%
2019-2020 - 12%
2021 - 2039 -15%
Renewable resources that can be used toward compliance will include wind, solar, ocean, geothermal, biomass, landfill gas, incremental hydropower, hydrokinetic, new hydropower at existing dams, and waste-to-energy. For utilities that are unable to meet their RES targets, the bill proposes to charge a compliance payment at a rate of 2.1 cents per kilowatt hour, with such amounts then being used for renewable energy development or to offset consumers' bills.
A first step, yes. But a small one.
Follow the link to learn more:
DOE Designates New Southeast National Marine Renewable Energy Center
The U.S. Department of Energy ("DOE") continued its support of marine and hydrokinetic ("MHK") technology development on Tuesday, announcing that Florida Atlantic University has been designated as the nation's third national center for ocean energy research and development. The Southeast National Marine Renewable Energy Center ("SNMREC") joins centers in the Northwest, at the University of Washington and Oregon State University (jointly, the Northwest National Marine Renewable Energy Center) and in Hawai'i, at the University of Hawai'i.
With an additional $250,000 grant from DOE, the SNMREC will continue to focus research efforts on technologies designed to convert ocean currents like the Gulf Stream as well as ocean thermal energy into electricity for the grid. On a personal note, I had the opportunity to visit FAU's Dania Beach (SeaTech) campus in November 2009 to take part in the USNC TAG/TC-114 "Marine Energy- Wave and Tidal Energy Converters" international standards process. I was impressed by the students, faculty, and the facilities at the Institute for Ocean and Systems Engineering and I look forward to seeing FAU excel in its new role.
Interagency Ocean Policy Task Force Issues Final Recommendations
On Monday, July 19, 2010, the White House Council on Environmental Quality ("CEQ") issued the Final Recommendations of the Interagency Ocean Policy Task Force. The Final Recommendations are the culmination of a process that began on June 12, 2009 when President Obama formed the Task Force and tasked it with developing recommendations to enhance national stewardship of the ocean, coasts, and the Great Lakes and promote the long-term conservation of those resources.
The Final Recommendations will likely be carried over into an Executive Order to be signed by the President, which will establish a National Policy for the Stewardship of the Ocean, Coasts, and Great Lakes and create a National Ocean Council to enhance ocean governance and coordination between federal and state agencies. The Final Recommendations also express the Task Force's unanimous agreement that the United States should acceed to the Convention on the Law of the Sea and ratify its 1994 Implementing Agreement.
The CEQ's press release is available here. Attorneys at Stoel Rives are reviewing the Final Recommendations and assessing their impact on, among other things, offshore renewable energy development including offshore wind and marine and hydrokinetic projects. Stay tuned for more on this important development.
DOI/DOE MOU for Offshore Renewable Energy Projects, Part 2
To follow up on my colleague Janet Jacobs' blog on this exciting topic, here's some more detailed information about the MOU, especially as it relates to marine and hydrokinetic ("MHK") technologies:
The United States Department of Energy’s Office of Energy Efficiency and Renewable Energy (“EERE”) and the United States Department of the Interior’s newly-renamed Bureau of Ocean Energy Management, Regulation, and Enforcement (“BOEMRE”) (see Note below) signed a Memorandum of Understanding for the Coordinated Deployment of Offshore Wind and Marine and Hydrokinetic Energy Technologies on the United States Outer Continental Shelf (the “MOU”).
The purpose of the document is to prioritize and facilitate environmentally-responsible deployment of commercial-scale offshore wind and MHK energy technologies on the Outer Continental Shelf (the “OCS”) through collaborative efforts. In a recent blog, I mentioned that the DOE has committed $15.36 million to help researchers and developers alike to bring various MHK technologies closer to commercial deployment. This MOU represents yet another effort to spur the growth of the burgeoning offshore renewable energy industry.
An interagency working group has been tasked with developing an action plan that addresses the deployment of offshore renewable energy projects, including both offshore wind and MHK technologies, within 30 days. The action plan will outline how the BOEMRE and EERE can work together to streamline leasing and regulatory processes on the OCS for those sites with high energy resource potential. The MOU also outlines how the agencies will share information and undertake collaborative activities such as stakeholder engagement, technical and environmental research, joint evaluation of standards and timelines for development, and the dissemination of information to decision makers.
Note: On June 21, 2010, DOI Secretary Ken Salazar issued Order 3302 renaming the Minerals Management Serivce the BOEMRE.
DOI/DOE MOU for Offshore Renewable Energy Projects
Yesterday, the Department of the Interior (“DOI”) and the Department of Energy (“DOE”) entered into a Memorandum of Understanding (“MOU”) to bring together resources and expertise from both agencies as the US develops commercial-scale offshore wind and water energy projects on the U.S. Outer Continental Shelf.
The wind and water resources off the US’ coastline are vast yet largely untapped energy potential. According to DOE's “20% Wind Energy by 2030” report, offshore wind alone has the potential to produce 54,000 megawatts by 2030. The MOU allows for priority leasing and more efficient regulatory processes (including permitting) for sites with high, commercial-scale offshore wind and water power development potential.
DOE Unveils Hydrodynamic Testing Facilities Database
The U.S. Department of Energy's (DOE) Wind and Hydropower Technologies program recently unveiled a new database containing information on the test capabilities and services of a variety of U.S. hydrodynamic test facilities.
The first-of-its-kind database encompasses 81 commercial, academic, and government facilities and offshore berths in 18 states, and will directly facilitate the testing of technologies designed to extract energy from waves and the currents of oceans, tides, and rivers. The database will serve as a platform for marine and hydrokinetic technology developers to identify a U.S. facility where they can test and validate their prototype devices. Users can find out more information on dimensions, costs, and available personnel, as well as available sensors and applicable software used to gather and present data gathered during in-water testing.
For more information, please contact Cherise Oram.
Client Alert: Summary of Final MMS Regulations on OCS Leasing
As promised in a recent blog entry, we've issued a client alert providing a detailed analysis of the final Minerals Management Service (MMS) regulations governing leases for energy production on the Outer Continental Shelf (OCS), including wind and ocean energy. Please contact us with any questions!
MMS Finalizes Regulations for Renewable Energy Projects on the OCS
The Minerals Management Service (MMS) has issued its final regulations for renewable energy projects on the Outer Continental Shelf (OCS). Stoel Rives attorneys are reviewing the 579-page rule now and will provide further updates soon!
FERC and MMS Reach Agreement on Offshore Renewable Energy
Today, Department of Interior Secretary Salazar and FERC Chairman Wellinghoff signed a Memorandum of Agreement (MOA) clarifying each agency’s jurisdictional responsibilities for siting renewable energy on the Outer Continental Shelf (OCS). The MOA should clear the way for wind, wave, tidal, ocean current, and solar energy projects on the OCS. My colleagues, including Cherise Oram, are reviewing the MOA now, and will provide more details and analysis shortly!
DOE Issues Draft Report on Environmental Effects of Marine and Hydrokinetic Energy Projects
The Department of Energy’s Draft Report to Congress on the Environmental Effects of Marine and Hydrokinetic Energy Projects is now available for public comment. The report, prepared pursuant to the Energy Independence and Security Act of 2007 (“EISA”), describes (1) the potential environmental impacts of marine and hydrokinetic energy technologies; (2) options to mitigate and prevent adverse environmental impacts; (3) the role of monitoring and adaptive management; and (4) the key elements of an adaptive management program. Comments are due on December 9, 2008.
The EISA report describes the various conceptual designs for generating electricity from ocean waves, river and tidal currents, and ocean thermal energy conversion, and identifies several “common elements” among the technologies that it asserts could yield adverse environmental effects. The report’s analyses are based largely on predictive studies or environmental assessments that have not yet been verified. As a result, the EISA report is not a definitive assessment of known environmental impacts, but rather an effort to highlight potential areas of concern for further monitoring and testing.
The EISA report also lists several strategies for mitigating and preventing risks of potential environmental impacts associated with marine and hydrokinetic energy projects. Advocating that more research and testing is needed, it stresses the importance of using post-installation environmental monitoring and adaptive management to confirm the extent of anticipated impacts and determine appropriate methods to avoid, minimize, or mitigate for any unacceptable adverse effects.
