Ocean Renewable

OREC Participates in Three Scoping Sessions on MMS Programmatic EIS

In May and June, 2006, MMS conducted scoping sessions at various locations across the nation in connection with development of a Programmatic EIS for Alterate Energy on the Outer Continental Shelf.  OREC members gave testimony at three of the hearing sites.  You can view the testimony at the links below:

Carolyn Elefant, OREC CEO -  Testimony at Herndon, VA location

Steve Kopf, OPT - Testimony in Trenton, New Jersey

Mike Murphy, Devine Tarbell - Testimony in Dedham, Massachusetts

OREC's comments will become part of the record in the scoping document.

MMS Begins Scoping on Alternate Energy on OCS

MMS launched the first set of its scoping sessions on alternate energy uses on the Outer Continental Shelf, with a session in Washington D.C. last Thursday, May 18, 2006 and a session last evening, May 23, 2006 in Trenton, New Jersey.  To follow the scoping sessions, view transcripts from the sessions and keep up to date on progress, visit MMS Website on OCS.  And be sure to check back at the OREC website for more information.

Calling All Offshore Renewable Developers: MMS To Scope the OCS

On Friday, May 5, 2006, the Mineral Management Service issued this Notice of Intent (PDF format) to prepare a programmatic EIS for the National Offshore Alternate Energy Related Uses (AERU) Program
and Rule.  From the Notice:

The NOI also serves toannounce the scoping process for this programmatic EIS. Throughout the scoping process, Federal, State, and local government agencies, and other interested parties have the opportunity to advise MMS in determining the significant issues, alternatives, and mitigation measures to be considered for analysis in the programmatic EIS. The programmatic EIS analysis will focus on the potential environmental effects of implementing the AERU.

According to the Notice, several public hearings have been scheduled for locations across the country, kicking off on May 18, 2006 in Herndon, Virginia.  OREC representatives plan to participate in as many of this hearings as is feasible and we urge our members and other offshore renewable developers and supporters to turn out for these meetings.  State tuned to the OREC website and mailing list, as we will be providing additional information on our efforts in the upcoming days. 

OREC's MMS Comments Finally Available Online

It's been two months since February 28, 2006 when OREC filed our 80 pages of comments on MMS' Advanced Notice of Proposed Rulemaking on Alternate Uses of the Outer Continental Shelf.  (for background on the significance of the MMS regulations to the offshore renewables industry, see here).  Through use of an OREC Wiki, we gathered the thoughts and research of our members, eventually culminating in these comments (large PDF file).  Other comments filed in the MMS process can be viewed here at the MMS online docket.

Under Section 388 of the Energy Policy Act, MMS was required to issue regulations within 270 days or roughly, by May 6, 2006.  It's not clear whether MMS will meet this deadline but we will keep you posted on the outcome.

Danger Already Looming With Respect to MMS Regulations

The MMS regulations on alternative energy development on the OCS haven't even issued and already, there are calls for MMS to withhold action on the Cape Wind Project until it establishes guidelines for all offshore wind projects.  Massachusetts Governor Mitt Romney took this position in a letter available here at Cape Cod  Today and we've also included the letter in its entirety at the end of this post.

It's not clear how whatever system MMS puts into place is going to differ all that dramatically from the environmental review undertaken by the Corps.   These days, there's very little difference in federal licensing processes, whether run by the Corps, FERC or any other agency.  All require consultation and input from state agencies, all allow for significant public notice, all provide for stakeholder meetings, all involve disputes over the extent of studies that an applicant must perform.  If MMS does in fact decide to promulgate its own rules for obtaining a lease on the OCS, I wouldn't be surprised if large portions of the rule were lifted from FERC, the Corps or other federal or state agencies.  And if that's the case, what is the point of withholding action on Cape Wind until MMS completes its rulemaking?

[continue reading for text of Romney's letter]

MMS Regulations on OCS, Coming Soon

Preparatory to issuing an Advance Notice of Rulemaking (ANOPR) concerning leases and rights of way for alternative energy projects on the Outer Continental Shelf (OCS), the Department of Interior's Mineral Management Service has created this website on Renewable Energy and Alternative Uses of the OCS.  OREC will be visiting this site regularly to keep abreast of proposed rules when they issue as well as other developments.

At present, the site contains this Presentation on Alternative Energy by MMS Deputy Director Walter Cruickshank which gives a very brief preview of how MMS anticipates that its leasing program will operate.  According to the presentation, MMS has taken steps to assume lead agency authority for the Cape Wind and Long Island Power Authority offshore wind projects (presumably, the Wind Energy Systems Technology's Galveston Offshore Wind Project, which just successfully secured a lease for the project with the Texas General Lands Office will not be affected by MMS' new OCS jurisdiction since the project is located exclusively on Texas submerged lands.)  It is not yet clear how MMS intends to handle offshore ocean energy projects, i.e., whether MMS will assume control now held by FERC or will share the lead.