Key Regulatory Considerations
for Offshore Transmission

June 8, 2010
Fort Lauderdale, Florida

Andrew McLain
Bracewell & ...
Transmission is THE
pathway to the
marketplace
Key Regulatory Challenges

• Siting/Permitting
   – Agency Players & Process
   – Timing
• Interconnection to Grid
   – FE...
Alphabet Soup –
Hydrokinetics & Offshore Wind

• Agency Players
   – Federal Energy Regulatory Commission
       • FPA Par...
Hydrokinetics
                FERC




                               RTO



                               Non
          ...
Offshore Wind
                       3 mi.

                FERC


                                       RTO


          ...
Key Siting Considerations


• Understand the Agency
  – What's the Process? [NEPA, Pre-Filing, PP, Lease, etc.]
  – Long-t...
Interconnection Process


1. Interconnection vs. Transmission
2. General Process (Order No. 2003)
   - Application
   - Fe...
Key Regulatory Considerations -
Interconnection Process

• Timing
  – Studies – one year or more
  – RTO vs. Non-RTO
  – M...
Takeaways


•   Know Your Agency/Agencies
•   Focus Intently on Timeline
•   Location, Location, Location
•   Make Regulat...
Andrew McLain
Attorney, Washington, D.C.
202.828.5835
andrew.mclain@bgllp.com
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Challenges for Offshore Wind and Hydrokinetic Developers

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Presentation at OceanEnergy 2010 on challenges for developing Offshore Wind and Hydrokinetics projects.

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Challenges for Offshore Wind and Hydrokinetic Developers

  1. 1. Key Regulatory Considerations for Offshore Transmission June 8, 2010 Fort Lauderdale, Florida Andrew McLain Bracewell & Giuliani LLP
  2. 2. Transmission is THE pathway to the marketplace
  3. 3. Key Regulatory Challenges • Siting/Permitting – Agency Players & Process – Timing • Interconnection to Grid – FERC Process – Timing – Who Pays for What? **New Regulatory Framework With New Agencies and New Laws
  4. 4. Alphabet Soup – Hydrokinetics & Offshore Wind • Agency Players – Federal Energy Regulatory Commission • FPA Part I & sections 205/206 – Department of the Interior – Minerals Management Service • OCSLA (added by Section 388 EPAct 2005) – States • State Siting (Ocean Zoning) • Delegated Federal Laws – Other - Tribes, FWS, NOAA, NMFS, USCG, ACE, etc. • Process – NEPA – Other – ESA, CWA, CAA
  5. 5. Hydrokinetics FERC RTO Non RTO state MMS
  6. 6. Offshore Wind 3 mi. FERC RTO Non RTO State MMS
  7. 7. Key Siting Considerations • Understand the Agency – What's the Process? [NEPA, Pre-Filing, PP, Lease, etc.] – Long-term Relationship • Timing – New Laws and Processes, Impacts, and Agencies – Coordinating Multiple Disparate Processes Essential – Education
  8. 8. Interconnection Process 1. Interconnection vs. Transmission 2. General Process (Order No. 2003) - Application - Feasibility Study - System Impact Study - Facilities Study - Interconnection Agreement 3. Interconnection Queue 4. Cost Responsibility
  9. 9. Key Regulatory Considerations - Interconnection Process • Timing – Studies – one year or more – RTO vs. Non-RTO – Material Modifications • Who Pays – Studies – Tie Line & System Upgrades up to Point of Interconnection – System Upgrades Beyond Point of Interconnection • New Models?
  10. 10. Takeaways • Know Your Agency/Agencies • Focus Intently on Timeline • Location, Location, Location • Make Regulatory Decisions Upfront
  11. 11. Andrew McLain Attorney, Washington, D.C. 202.828.5835 andrew.mclain@bgllp.com

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