Presentation given at the 2009 Mid-America Regulatory Conference providing an overview of U.S. offshore wind development, focusing on the Great Lakes

1. Permitting & Policies
of Wind on the Water
– Great Lakes –
Presented By
Katherine A. Roek
STOEL RIVES LLP
June 16, 2009

2. To order any of these books, please contact:
Katherine A. Roek * 612.373.8820 karoek@stoel.com * www.stoel.com
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3. Why are we discussing offshore?
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4. Overview
• Offshore vs. Onshore permitting issues
• Federal jurisdictional waters vs. State
jurisdictional waters
• Lessons from East Coast
• State of offshore wind development in
the Great Lakes
• What are other states doing?
• What does the future hold?
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5. Permitting Issues
ONSHORE OFFSHORE
• Marine mammals
• Land interest acquisition
• Fish
• Local zoning
• Navigation
• Avian impacts
• Existing uses (commercial
• Other wildlife/ fisheries, crabbing)
endangered species
• Electromagnetic field
• Wetlands • Creation of new environments /
• Aviation adaptive management
• Visual impacts • Water quality
• Noise/human health • Ease of removal
consequences • Military radar
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• Jones Act

6. Siting Authority – Federal Waters
Outer Continental Shelf (OCS) under the
jurisdiction of:
• Minerals Management Service (MMS)
• Federal Energy Regulatory Commission (FERC)
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7. Siting Authority – Great Lakes
Each state – out to center of Lake
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8. Siting Authority – State Waters
• Great Lakes
– each state out to center of lake
• Atlantic/Pacific coasts
– up to 3 nautical miles offshore
• Gulf of Mexico (Texas, Florida)
– 9 nautical miles offshore
– Texas: General Land Office
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9. Offshore Wind Development –
Federal Laws
• National Environmental Policy Act
• Submerged Lands Act of 1953
• Coastal Zone Management Act
• Endangered Species Act
• Clean Water Act
• Others:
– Fish & Wildlife Coordination Act
– Rivers & Harbors Act
– Migratory Bird Treaty Act
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– Marine Mammals Protection Act

10. Offshore Wind Development –
State Laws
• State environmental policy act (if applicable)
• Great Lakes submerged lands
• Water quality
• Endangered species / wildlife protection
• Commercial fishing / crabbing
• Coastal zone management
• Onshore issues (cables, waterfront development)
• Marine safety
• Water rights (?) 10

11. Federal – MMS Leasing
Regulations
April 22, 2009
• MMS issued final regulations for granting
competitive / non-competitive commercial
leases, limited leases, rights-of-way and
rights-of-use and easements on the OCS.
– Finalized proposed regs that were issued
July 9, 2008
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12. Federal – MMS Leasing
Regulations
• Types of leases:
– Commercial
• Energy development
• ~30 years
• Competitively bid
– Limited
• Data gathering
• ~5 years
• BUT: limited power sale permitted
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13. Federal – MMS Leasing
Regulations
• Regulations also specify:
– Required Financial Assurance
– Rental Amounts and Operating Fees
– Environmental Review
• Changes from proposed rules include:
– Allowance of limited power production
during limited lease
– Addition of multiple-factor auction format
with respect to bidding process
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14. Interaction between MMS & FERC
April 9, 2009
• FERC-MMS signed a Memorandum of
Understanding.
– FERC will issue licenses for hydro projects
on OCS
– MMS will issues leases, easements, and ROW
on OCS
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15. Great Lakes Permitting /
Siting of Offshore Wind
• U.S. Army Corps of Engineers will be
lead federal permitting agency
– NEPA review will be triggered through permit
• Section 10 of Rivers & Harbors Act
• Section 404 of Clean Water Act
– EIS vs. EA? Depends on size, location…
– Programmatic assessments?
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16. Great Lakes Permitting /
Siting of Offshore Wind, con’t
• Other agencies:
– State environmental regulatory agencies
• e.g. Michigan Department of Environmental
Quality for placement of structures in the Great
Lakes – joint application process already in place
– U.S. Coast Guard
• Guidance on Offshore Renewable Energy Installations
(OCS) – will adapt to Great Lakes (Corps, not MMS)
– State coastal management agency
– Fish and wildlife (state and federal)
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17. State Initiatives
• New Jersey
– Blue Ribbon Panel to Evaluate Offshore Wind
– Ocean Environmental Assessment
– $12M in grants
– Selected Preferred Developer
– Created Energy Master Plan:
• 1,000 MW by 2012; 3,000 MW by 2020
– Offshore Wind Renewable Energy Certificates
• All load-serving entities required to obtain ORECs
from offshore wind, based on their percentage of
retail sales in NJ
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• OREC price to be set by BPU; 20-year term

18. State Initiatives, con’t
• Rhode Island
– Ocean Zoning
• Special Area Management Plan
– Selected Preferred Developer
– June 2009: Legislation proposed that would
require state’s largest electricity supplier to
purchase energy from offshore wind farm
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19. State Initiatives, con’t
• Michigan
– May 2008: Offshore Wind Permitting Dry-Run
• Wisconsin
– January 2009: Public Service Commission –
prepared Feasibility Report. Looked at:
• Engineering and Economic Issues
• Human Environment Issues
• Legal Issues
• Community Involvement Issues
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20. Consortiums
• Great Lakes Wind Collaborative
– Multi-sector coalition of wind energy stakeholders
working to facilitate the sustainable development of
wind power in the binational Great Lakes region.
• Great Lakes Wind Council
– Advisory body within the Department of Energy,
Labor, and Economic Growth to provide public
forum to identify where, in the Great Lakes, wind
energy systems may be prudently sited
– Report due September 1, 2009
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22. Current U.S. Projects
• Cape Wind (130 turbines, 420 MW,
Nantucket)
– January 16, 2009: Final
EIS (2,800-pages)
issued by MMS. Awaiting
lease from MMS.
– Spring 2009:
Received consistency
determination, composite
approval from state. SOURCE: GreenPeace USA
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23. Current U.S. Projects
• Bluewater Wind (450 MW,
Delaware)
– July 31, 2008: PPA with Delmarva
Power approved by DE Public
Service Commission.
– Evaluating wind resources,
preparing environmental and
permitting documents for
submission to MMS.
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24. Current U.S. Projects
• Deepwater Wind
– January 2009: agreement with RI to
construct two-phased project: 5-8 turbines in
state waters (2012); utility-scale (~400 MW)
in federal waters (TBD).
– October 2008: selected by NJ Board of
Public Utilities to build 350 MW wind farm in
federal waters. Includes $19 million
in state grant monies (2013).
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25. Current U.S. Projects
• Wind Energy Systems Technology (WEST)
– 2005: Signed lease with TX GLO for 150
MW project.
– Meteorological tower off of Galveston has
compiled almost two years of data.
• Great Lakes Energy Development Task
Force (off coast of Cuyahoga County, OH –
Lake Erie)
– Has begun resource assessment.
– Spring 2009: feasibility study. 25

26. Current U.S. Projects
• Long Island Power Authority / Con Edison
– Joint FS for interconnection of 350 MW
project 13 miles offshore of Long Island, with
the ability to extend up to 700 MW.
– Interconnect request filed w/ NY ISO.
– April 2009: Wind collaborative of state,
municipal entities interested in supporting /
purchasing power from the project.
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27. Land-based Shallow Transitional Deepwater
Water Depth Floating
Offshore Comercially
Wind Proven
Technology Demonstration
Technology Phase
Estimated 0m-20m 30m-60m 60m-900m
US Resource 430-GW 541-GW 1533-GW
No exclusions assumed for resource estimates
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28. Resources
• www.mms.gov/offshore/alternativeenergy/
regulatoryinformation.htm
• www.awea.org/faq/wwt_offshore.html
• www.psc.wi.gov
• www.michigan.gov/dleg
• www.ri.gov
• www.nj.gov
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29. Thank you!
Katherine A. Roek
(612) 373-8820
karoek@stoel.com
www.stoel.com
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