Gmecpresentcefinnew

Regulation of Marine Renewable Energy Development in the United States
A 15 Minute Encapsulation
_____________________
Carolyn Elefant, Esq.
Ocean Renewable Energy Coalition
202-297-6100
[email_address]
Global Marine Renewable Energy Conference, New York City
April 17, 2008

Welcome to the United States!

For marine renewables, the U.S. is a land of enormous opportunity…

… and enormously complicated regulation!

This talk gives a snapshot of the regulation of marine renewables in the U.S. and some of the challenges we face.

Here, my challenge is to complete my overview within fifteen minutes.

One reason for the complexity of regulation of marine renewables is that oceans are public resources held in trust and accommodating multiple uses.

Regulation is particularly complex in the U.S. because of a federalist system with dual state and national interests.

O OTEC
NOAA has license authority under OTEC Act of 1980.
NOAA withdrew regulations in 1996 since no company ever filed an application.

O Offshore Wind
MMS empowered to issue wind leases on OCS per EPAct 2005.
States approve projects on state submerged lands and portions of OCS projects that cross state lands.

O Wave/Tidal
0-3 miles - FERC, under Part I, FPA
3-12 miles - MMS and FERC? Or MMS or FERC?
12-200 miles - MMS

O FERC/MMS: Key Differences
FERC
Authority over entire project, state and federal pieces
License does not confer property interests
Rules adapted from hydro
Permit gives priority
Developer selects sites
MMS
Authority stops at OCS limits
Lease confers property interest
Developer can nominate sites but MMS may open for bid
Still developing rules
No priority rights in proposed test lease rules
Programmatic approach

Different FERC Approvals
Preliminary Permit
3 years, site study only, priority for license
Verdant Exemption
18 month exempt to test facility
Pilot Project License
5 year, <5 MW, 1 year app. process, must decommission
Conditional License
License but no construction until all permits received
License
30-50 year term
Exemption
Minimal FERC oversight after issuance

Different Types of MMS Leases
Interim/Test Lease
For data collection or testing facilities for alternative energy technologies on OCS
As proposed, no priority rights
As proposed, competitive process
NOPR, request for nominations and draft proposed lease issued, awaiting final rule
Longer Term Lease
ANOPR in Feb. 06, policy under development
Programmatic EIS prepared and issued

Summary Chart of State & Fed. Regulations Applicable To FERC and MMS Author- izations

The puzzle for the U.S. is to regulate in a way that helps wave/tidal to “commercialize without compromise.”

What are the regulatory options for marine renewables?

One stop shopping centralizes the process, but won’t work unless agencies will cede control.

Streamlining speeds demos into the water, but developers may not use them without funding or option for build out.

Programmatic plan/zoning can give certainty…but do we have enough data now to draw “lines in the sand?”

Adaptive management allows for data gathering and staged growth…but what to do if impacts can’t be addressed?

Let’s use these next few days to create regulatory options that point marine renewables in the direction of success.

It is time for Marine Renewables to “seas” the day!
For additional information, visit
www.oceanrenewable.com

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Gmecpresentcefinnew

by Carolyn Elefant on Apr 19, 2008

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