PEI submarine transmission line energized

On August 29, 2017, a Canadian utility energized a new $142.5 million (CAD) undersea electric transmission system connecting Canada's Prince Edward Island to mainland New Brunswick. 

The Northumberland Strait Submarine Transmission System includes two 180-megawatt underwater cables, running 17 kilometers from Cape Tormentine, New Brunswick, to Borden-Carleton, Prince Edward Island.  They replace aging cables with a more limited transfer capability.  The project also includes new overhead transmission lines on land and an expanded substation. The cost was split by the federal Government of Canada (contributing up to $68.9 million from the Green Infrastructure Fund) and the Province of Prince Edward Island (contributing up to $73.6 million). 

The new submarine cables supply approximately 75% of the Island's electricity.  The cables are buried under the seabed in separate trenches. The project including the use of a marine excavator called a "Starfish" as well as a trenching remotely operated vehicle with a saw cutter.

They replace cables installed in 1977, when the island's electricity load was 95 megawatts.  In addition to the old cables' age, they were also insufficient -- PEI's load has grown to 262 megawatts by 2015.  While the island does have significant wind energy supply, utility Maritime Electric noted the need for firm power to back up wind's intermittent supply.  A press release announcing the Canadian government's 2015 decision to support the project describes it as the most significant on Prince Edward Island since the Confederation Bridge. 

Interest in submarine transmission cables is growing.  Improved marine technology, the difficulty of siting major linear infrastructure on land, and the growth of offshore wind and other remote renewable resources are all driving this trend, as is the need to provide reliable, affordable, clean power to consumers in island communities.

Maryland considers offshore wind applications

Maryland moves closer to offshore wind development, as the state Public Service Commission reviews two applications for offshore wind projects.

The Maryland Offshore Energy Act of 2013 contains a number of provisions that would benefit a “qualified offshore wind project” that

1. is located on the outer continental shelf, between 10 and 30 miles off the Maryland coast, in an area that is designated for leasing by the Bureau of Ocean Energy Management within the U.S. Department of the Interior,
2. interconnects to the PJM Interconnection grid at a point located on the Delmarva peninsula, and
3. is approved by the Public Service Commission.

On February 25, 2016, the Maryland Public Service Commission opened an application period for Offshore Wind Projects.  While the original deadline was August 23, it was ultimately extended three times, until November 18, 2016.

On November 22, the Commission's consultant announced that two offshore wind project applications were submitted, found to be administratively complete, and found to have met the minimum threshold criteria. The applicants are (i) US Wind, Inc., a subsidiary of Toto Holding SpA, and (ii) Skipjack Offshore Wind, LLC, a subsidiary of Deepwater Wind Holdings, LLC.

The Commission then opened a docketed proceeding (Case Number 9431) to conduct a multi-part review to evaluate and compare the proposed offshore wind project applications submitted by US Wind and Skipjack.  Petitions to intervene in that proceeding are due by Monday, December 12, 2016.

Nova Scotia tidal turbine installed

A Canadian tidal power developer has installed a turbine at a test site in the Bay of Fundy. Cape Sharp Tidal's project off Nova Scotia could demonstrate the feasibility of larger-scale marine hydrokinetic power plants connected to the mainland electricity grid.

Cape Sharp Tidal is a joint venture between Canadian utility Emera Inc. and marine turbine manufacturer OpenHydro.  Its project entails a grid-connected 4-megawatt array consisting of two tidal turbines.  The project is located at the Fundy Ocean Research Center for Energy (FORCE) site.  Headquartered near Parrsboro, Nova Scotia, FORCE is Canada's leading research center for in-stream tidal energy, with demonstration berths, a grid interconnection capable of accepting tidal power, and environmental monitoring capabilities.

This week Cape Sharp Tidal deployed the project's first turbine-generator, a 2-megawatt OpenHydro unit.  In subsequent work, crews interconnected the turbine cable tail to the FORCE site's main interconnection cable, an existing 16MW subsea export cable connected to an onshore substation.

Previous efforts to develop hydrokinetic tidal energy projects in the Bay of Fundy have met with difficulty.  While the bay offers large and powerful tides, weather and sea conditions can prove challenging, as can obtaining environmental and regulatory approvals.  A test tidal turbine deployed in 2009 was quickly destroyed; the turbine installed this week was originally slated for installation earlier but was delayed due to concerns over impacts to fisheries and the environment.  This week's installation represents a concrete step forward for Canadian tidal power.

Cape Sharp Tidal intends to install and connect a second turbine at the FORCE site in 2017.  According to the developer, its future plans -- subject to regulatory and business approvals -- could include a commercial-scale project of up to 300 megawatts capacity within 15 years.

NY offshore wind lease auction set

The U.S. Bureau of Ocean Energy Management has issued a Final Sale Notice, setting December 15 as the date for auctioning the right to lease sites in federal waters off New York for commercial offshore wind development.

The U.S. federal government is pursuing a national strategy to facilitate the domestic development of offshore wind energy.  Under federal law, the Bureau of Ocean Energy Management is responsible for administering renewable energy project development on the offshore Outer Continental Shelf.  The strategy calls for BOEM to identify areas suitable for wind energy leasing, and to then offer leases through auctions or other sales.

BOEM is now moving forward with plans to auction leasing rights for an area offshore New York.  In June 2016, BOEM first issued a Proposed Sale Notice for leasing rights off New York.  BOEM solicited public comment on its proposal over the summer.

On October 27, 2016, BOEM announced the designation of a final New York Wind Energy Area, starting approximately 11.5 nautical miles from Jones Beach, NY, and running approximately 24 nm southeast.  The final New York Wind Energy Area differs from BOEM's earlier leasing proposal primarily in its removal of about 1,780 acres due to environmental concerns over sensitive habitat on a feature called Cholera Bank.

BOEM's announcement also identified 14 companies that it has deemed legally, technically and financially qualified to participate in the New York lease sale:

• Avangrid Renewables, LLC
• CI-II NY Inc.
• DONG Energy Wind Power (U.S.) Inc.
• Innogy US Renewable Projects LLC
• wpd offshore Alpha LLC
• Deepwater Wind Hudson Canyon, LLC
• Energy Management, Inc.
• Convalt Energy LLC
• Clean Power Northeast Development Inc.
• New York State Energy Research and Development Authority
• Statoil Wind US LLC
• EDF Renewable Development, Inc.
• Fishermen’s Energy, LLC
• Sea Breeze Energy LLC 

BOEM will offer the lease as Lease OCS-A 0512, using a multiple-factor auction format.  Changes to the auction rules originally proposed include a 10% bidding credit for entities that establish that they are a “government authority” as defined in the Final Sale Notice, along with an adaptation to the auction format allowing bidders a “limited opportunity to revoke” a provisionally winning bid without penalty if the next-highest bid was submitted by a governmental entity.

Meanwhile, state energy agency NYSERDA is pursuing the New York State Offshore Wind Master Plan to advance offshore wind development in the state.  NYSERDA has expressed interest in bidding in a BOEM auction for project leasing rights, and was included in BOEM's list of entities qualified for the December 15 auction. Moreover, NYSERDA could be a beneficiary of the "government authority" provision in BOEM's Final Sale Notice; if so, it could receive a 10% credit on top of its cash bid.

BOEM will conduct the auction electronically, through a contractor, starting at 8:30 EST on December 15, 2016.

US releases new offshore wind strategy

U.S. executive branch agencies have released an updated report presenting a national strategy to facilitate the domestic development of offshore wind energy.  According to the administration, the strategy could enable 86 gigawatts of U.S. offshore wind by 2050.

The new strategy document, "National Offshore Wind Strategy: Facilitating the Development of the Offshore Wind Industry in the United States", was prepared by the U.S. Department of Energy's Wind Energy Technologies Office and the Department of the Interior's Bureau of Ocean Energy Management. It builds on previous efforts, including the first national strategy for offshore wind released in 2011.

Consistent with previous Obama administration approaches, the revised U.S. offshore wind strategy rests on the premise that offshore wind energy can provide significant economic and environmental benefits.  Estimates suggest the nation's total offshore wind energy technical potential is roughly twice as large as our demand for electricity, and almost 80% of U.S. electricity demand is located in coastal states.  Offshore wind provides a low-carbon, fuel-free energy resource; if projects can produce power at low, long-term fixed costs, they can provide a hedge against fossil fuel volatility.

The new U.S. offshore wind strategy is designed to realize these benefits by overcoming challenges in three strategic themes: reducing costs and risks, supporting effective stewardship of U.S waters, and improving market conditions for offshore wind investment:

First, to be competitive in electricity markets, offshore wind costs and U.S.-specific technology risks need to be reduced. Second, environmental and regulatory uncertainties need to be addressed to reduce permitting risks and ensure effective stewardship of the OCS. Third, to increase understanding of the benefits of offshore wind to support near-term deployment, the full spectrum of the electricity system and other economic, social, and environmental costs and benefits of offshore wind need to be quantified and communicated to policymakers and stakeholders.

The report further describes seven action areas, and 34 specific actions, that the Energy and Interior Departments can take to support offshore wind development.

As noted in the report's introductory message, "There has never been a more exciting time for offshore wind in the United States."  States and some utilities are increasingly interested in procuring offshore wind energy.  In recent years, BOEM has awarded 11 commercial leases for offshore wind development that could support a total of 14.6 gigawatts of capacity.  Earlier this summer, Deepwater Wind completed construction of its 30-megawatt Block Island wind project, the nation's first offshore commercial wind farm.  That project is expected to enter commercial operation later this year.

Kitty Hawk NC offshore wind leasing

The U.S. Department of the Interior has proposed leasing federal ocean space offshore North Carolina for commercial offshore wind development.  On August 12, 2016, the Bureau of Ocean Energy Management announced a proposed lease sale for the 122,405-acre Kitty Hawk Wind Energy Area.  The proposal could lead to leasing of sites offshore North Carolina for one or more marine renewable energy projects.

The path to federal leasing of commercial wind development sites offshore North Carolina began in 2012, when the Bureau of Ocean Energy Management published a Call for Information and Nominations (or “Call”) in the Federal Register, to evaluate industry interest in commercial wind leases in three areas offshore North Carolina and to request comments regarding site conditions, resources and other uses within the Call areas.

In 2014, BOEM announced its identification of three Wind Energy Areas offshore North Carolina, including the Kitty Hawk, Wilmington West, and Wilmington East Wind Energy Areas.

In 2015, BOEM published an Environmental Assessment of potential environmental and socioeconomic impacts associated with issuing commercial wind leases and approving site assessment activities on the lease areas, followed by a revised Environmental Assessment and a "Finding of No Significant Impact."  This so-called FONSI concluded that reasonably foreseeable environmental effects associated with the commercial wind lease issuance and related activities would not significantly impact the environment.

Most recently, BOEM published a Proposed Sale Notice (PSN) and Request for Interest (RFI) for Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore North Carolina in the Federal Register on August 16, 2016.  The notice applies to the Kitty Hawk Wind Energy Area. BOEM has rolled the Wilmington East and Wilmington West areas into its planning and leasing process for Call Areas offshore South Carolina, given their proximity and shared attributes.

If a developer is interested in bidding on the Kitty Hawk site lease rights, it must first submit a qualification package to BOEM.  If BOEM finds the developer to be legally, technically and financially qualified by the time the Final Sale Notice is published, the developer is eligible to participate in the lease sale.  Eligible bidders must notify BOEM within the 60-day comment period established by the notice.

Vineyard Wind offshore project changes hands

Danish fund management company Copenhagen Infrastructure Partners has acquired Offshore MW LLC, the holder of an offshore wind energy lease issued by the U.S. Bureau of Ocean Energy Management over an area south of Massachusetts.

Copenhagen Infrastructure Partners describes itself as a fund management company founded in 2012. On August 25, 2016, CIP announced that on behalf of its fund Copenhagen Infrastructure II it had acquired 100% of Offshore MW LLC.

Acquired company Offshore MW LLC is developing the Vineyard Wind project over the Outer Continental Shelf south of Massachusetts.  The site is part of the Massachusetts Wind Energy Area originally designated by BOEM for leasing in 2012.  Offshore MW won the lease rights through a competitive lease auction held by the Bureau of Ocean Energy Management on January 29, 2015, in which it submitted the winning bid for Lease Area OCS-A 0501.  That lease area covers 166,886 acres, or roughly 260 square miles of sea space in federal waters off Massachusetts. 

According to CIP, it will continue with the Massachusetts project's development.  The Vineyard Wind project could receive a boost from recently enacted Massachusetts legislation that will require utilities to purchase about 1,600 megawatts worth of offshore wind energy by 2027.  That law, known as H. 4568, "An Act to promote energy diversity," requires electric distribution companies to issue an initial joint competitive solicitation for offshore wind proposals by June 30, 2017.

BOEM advances California offshore wind leasing

U.S. ocean energy managers are moving closer to leasing sites in federal waters offshore California for wind energy development.  Acting in response to a lease area requested by Trident Winds, LLC, this month the Bureau of Ocean Energy Management (BOEM) issued a Request for Interest in that area to evaluate whether any other developer is interested in competing for a lease.

Trident Winds has initiated development of a commercial scale offshore wind farm off Point Estero, California.  Its Morro Bay or MBO Project would be located in federal waters about 33 nautical miles northwest of Morro Bay; the site features water depths of 2,600 to 3,300 feet.  In light of these site conditions, Trident Winds' proposed project would consist of 100 floating foundations, each supporting a wind turbine generating 7-8 megawatts of energy.  Electricity would be brought ashore via a single transmission cable.

Trident Winds requested a commercial wind lease from BOEM on January 14, 2016, covering a 67,963-acre proposed lease area.  Because BOEM had not previously solicited interest in leasing this area, BOEM treated Trident Winds' request as "unsolicited."  Under BOEM's offshore renewable energy program, when presented with an unsolicited lease request, BOEM first evaluates whether the developer is qualified to hold a lease on the Outer Continental Shelf.  In the case of Trident Winds, BOEM made this determination following consultation with the state of California.

Following this qualification determination, BOEM's next step is to determine whether it is appropriate to issue the company a lease on a non-competitive basis, or whether a competitive process is required.  To inform this competitive interest determination, on August 17, 2016, BOEM published a Potential Commercial Leasing for Wind Power on the Outer Continental Shelf (OCS) Offshore California, Request for Interest in the Federal Register, with a 30-day public comment period.  If BOEM finds competitive interest, it will initiate a competitive leasing process for the California site. If no expressions of interest are received, BOEM will proceed with its noncompetitive leasing process.

At the same time, BOEM is also seeking public comment on the project proposal, its potential environmental consequences, and other uses of the project area such as navigation, fishing, military activities, recreation.   BOEM will also use responses to shape its decisionmaking and to flag potential issues for analysis under the National Environmental Policy Act.

So far, BOEM has awarded 11 commercial wind energy leases for sites off the Atlantic coast, nine of which came from competitive lease sales that generated about $16 million in winning bids.  BOEM has also recently announced proposed lease sales for sites offshore North Carolina and New York.  In the Pacific, BOEM is evaluating 3 unsolicited lease requests offshore Hawaii and has published a Call for Interest in Hawaiian site leasing.

Offshore wind in Massachusetts energy bill

The Massachusetts legislature has enacted an energy bill that will require utilities to purchase offshore wind energy by 2027.  The legislation, known as H. 4568, "An Act to promote energy diversity," has been laid before Governor Charlie Baker for signature.

Earlier this session, the Massachusetts House and Senate had passed two different bills calling for renewable energy procurement.  A conference committee reported out the final bill, H. 4568, on July 31.  Through the newly enacted law, the Massachusetts legislature has added a new program of offshore wind energy procurement. 

The final enacted bill adds a new section 83C to the state's 2008 Green Communities Act.  Among other provisions, section 83C provides, "In order to facilitate the financing of offshore wind energy generation resources in the commonwealth, not later than June 30, 2017, every distribution company shall jointly and competitively solicit proposals for offshore wind energy generation; and, provided, that reasonable proposals have been received, shall enter into cost-effective long-term contracts."

Much of the solicitation and contracting process will occur pursuant to regulations yet to be promulgated by the Department of Public Utilities.  The law provides a framework for developing and approving the competitive bidding process, and requires the schedule to "ensure that the distribution companies enter into cost-effective long-term contracts for offshore wind energy generation equal to approximately 1,600 megawatts of aggregate nameplate capacity not later than June 30, 2027."  Individual solicitations must be seek proposals for 400 megawatts or more, and may be conducted jointly with other states.

Proposed long-term contracts are subject to the review and approval of the Department of Public Utilities.  The law requires the department of public utilities to weigh the potential costs and benefits of the proposed long-term contract, and directs it to approve a proposed long-term contract "if the department finds that the proposed contract is a cost-effective mechanism for procuring reliable renewable energy on a long-term basis," taking into account factors like reliability, mitigation of price volatility, cost-effectiveness, mitigation of environmental impacts, and economic development.

The law requires the implementing regulations to be adopted by the Department of Public Utilities to "provide for an annual remuneration for the contracting distribution company up to 2.75 per cent of the annual payments under the contract to compensate the company for accepting the financial obligation of the long-term contract."  It also entitles distribution companies to cost recovery of payments made under an approved long-term contract.  Utilities may elect to to use any energy purchased under such contracts for sale to its customers and retain renewable energy certificates for their use, or may sell the energy and RECs into the market.  Any proceeds from such market re-sales will be netted against the cost of contract payments, resulting in a credit or charge to all distribution customers through a uniform fully reconciling annual factor in distribution rates.

The law also provides a variety of "outs" or circumstances under which contracts might not result, such as if a "proposal’s terms and conditions would require the contract obligation to place an unreasonable burden" on a distribution company’s balance sheet.

Notably, the law's definitions of “Offshore wind developer” and “Offshore wind energy generation” place a variety of restrictions on projects eligible for contracting.  The definitions effectively require that projects be located on the Outer Continental Shelf, in a designated wind energy area for which an initial federal lease was issued on a competitive basis after January 1, 2012, have no turbine located within 10 miles of any inhabited area, and have a commercial operations date on or after January 1, 2018, that has been verified by the department of energy resources.  This effectively limits projects to a subset of those winning recent (or future) federal Bureau of Ocean Energy Management lease auction sales.

To date, no commercial offshore wind projects operate in U.S. waters, although Deepwater Wind is currently constructing the Block Island Wind Farm off Rhode Island.   Federal programs, along with some state incentives, are available to support qualifying offshore wind projects.

Edgartown's Muskeget tidal project faces questions

A municipal tidal power project proposed for the Massachusetts island of Martha's Vineyard faces federal deadlines if its licensing process is to continue.  The Muskeget Channel Tidal Energy Project, proposed by the Town of Edgartown, is seeking a pilot project license from the Federal Energy Regulatory Commission -- but faces questions from Commission staff.

On February 1, 2011, the Town of Edgartown filed, pursuant to the Commission’s pilot licensing procedures, a draft license application for the proposed Muskeget Channel Tidal Energy Project.  The project would feature an array of 14 marine hydrokinetic tidal turbines, with a commercial generating capacity of 5 megawatts or less.

But that license application remains incomplete.  On April 1, 2011, Commission staff issued a letter requesting that Edgartown provide additional information, including details about the proposed project and multiple plans, drawings, and reports.  Over the ensuing years, Edgartown filed some responsive information, but according to the Commission, Edgartown did not file the remaining information by the deadline or provide a schedule indicating when the information would be filed after the deadline was missed.

Over two years after the deadline, on April 21, 2016, Commission staff issued a letter requiring Edgartown to show cause, within 30 days, why Commission staff should not terminate the prefiling licensing process for the project.  According to the Commission, Edgartown did not respond, but Congressman William Keating asked the Commission to extend the show cause deadline until the Massachusetts Clean Energy Commission decides whether to award the project a grant.

In a June 2 letter, Commission staff directed Edgartown to, within 30 days, provide a schedule specifying when it will file with the Commission each of the outstanding items requested in Commission staff’s April 1, 2011 letter.  The letter says, "Upon receipt of this information, Commission staff will make a determination on how to proceed with the incomplete application for the Muskeget Channel Tidal Energy Project."  For now, the prelicensing process for the Muskeget tidal project remains pending.

Tide Mill Institute 2015 conference

The Tide Mill Institute will hold its 11th annual conference on November 6-7, 2015, at the Cummings Center in Beverly, Massachusetts.  Participants will explore the past, present, and future uses of tidal energy through expert presentations, exhibits, and a field trip to a mid-seventeenth century tide mill site.

Part of the tidal barrage at the site of Heal's Lower Mill, Westport Island, Maine.

A nonprofit corporation, the Tide Mill Institute hopes to advance the appreciation of tide mill history and technology by encouraging research, by promoting appropriate re-uses of former tide mill sites and by fostering communication among tide mill enthusiasts.  The Institute's mission is:

• to advance appreciation of the American and international heritage of tide mill technology;
• to encourage research into the location and history of tide mill sites;
• to serve as a repository for tide mill data for students, scholars, engineers and the general public and to support and expand the community of these tide mill stakeholders; and
• to promote appropriate re-uses of old tide-mill sites and the development of the use of tides as an energy source.

Tide Mill Institute's 2015 symposium includes presentations on tide mills and tidal power by experts from France, Ireland, and the U.S.  Thomas McErlean will describe his experiences uncovering a nearly 1,400 year old tide mill at Nendrum, Northern Ireland, whose bed logs were cut in 619 AD.  The conference includes a low-tide field trip to view the site of the Friend's Mill, built about 1647-1649 on the Bass River in Beverly, Massachusetts, where a later foundation and some remains are still visible.  Concurrently, the Beverly Historical Society is opening its new exhibit on the Friend's Mill this weekend.

For more information or to register, contact Bud Warren at 207-373-1209 or email info@tidemillinstitute.org.

Declining demand for residual fuel oil?

Global demand for residual fuel oil is expected to decline, according to the U.S. Energy Information Administration.

A Maine State Ferry Service boat near Vinalhaven, Maine.

Residual fuel oil is basically what's left after gasoline and other lighter hydrocarbons are distilled from crude oil.  Industry recognizes several grades of residual fuel oil, including No. 5 (used in steam-powered vessels in government service and inshore powerplants) and No. 6 (used for the production of electric power, space heating, vessel bunkering, and various industrial purposes.) 

Because residual fuel oil is composed of the residue left after distillation, it can contain large amounts of contaminants such as sulfur, nitrogen, or heavy metals.  As environmental regulations limit emissions of pollution, residual fuel oil can become less attractive (or more expensive) as a fuel source for electric power generation or marine transportation.

The EIA notes declining global demand for residual fuel oil since the mid-1980s.  In a brief report, EIA projects that the electric power and heating sectors will likely be responsible for continuedlarge reductions in residual fuel oil demand.

EIA also points to tighter international emissions regulations for the marine transport sector.  Rules under Annex VI of the International Maritime Organization through the International Convention of Pollution from Ships (MARPOL, or Marine Pollution) require global controls on emissions of sulfur and nitrogen oxides.  While residual fuel oil with a sulfur level no more than 3.5% can be used to meet the MARPOL requirements throughout most of the oceans, stricter limits apply to designated emission control areas like the North Sea, the Baltic Sea, and coastal areas in North America and the Caribbean Sea.  These strict limits effectively require 0.1% sulfur content residual fuel oil or lower in the covered emission control areas.  EIA suggests that strategies for MARPOL compliance will likely include low-sulfur fuels (marine gasoil or intermediate fuel oil, or even liquefied natural gas or LNG), or using scrubbers or other technology to remove sulfur post-combustion from the exhaust.

At the same time, EIA notes that some developing countries' power sectors may rely on residual fuel oil as a "transitional fuel" if they are "more sensitive to price and less sensitive to environmental and health implications."

NYC tidal energy project in question

The future of a proposed New York City tidal energy project is in question.  New York Tidal Energy Company's (NYTEC) East River Tidal Energy Pilot Project would be located in the East River at Hell Gate, in New York City, New York.  But a recent letter by federal regulators questions whether the developer intends to continue pursuing the project.

Marine hydrokinetic (or MHK) projects generate electricity from moving water such as tides, waves, and free-flowing rivers without the use of dams.  While technologies vary, many rely on underwater turbines powered by tidal currents.to spin generators.  Hydrokinetic energy development is generally regulated by the Federal Energy Regulatory Commission, which issues preliminary permits and licenses for project development.

The East River project's regulatory process began in 2006, when Oceana Energy Company subsidary NYTEC applied to the FERC for a preliminary permit for what it called the Astoria Tidal Energy Project.  That application described a project composed of between 50 and 150 Tidal In Stream Energy Conversion (TISEC) devices consisting of rotating propeller blades, integrated generators with a capacity of 0.5 to 2.0 MW each, anchoring systems, mooring lines, and interconnection transmission lines.  The project was estimated to have an annual generation of 8.76 gigawatt-hours per-unit per-year, which would be sold to a local utility.  After resolving a dispute with fellow New York City tidal developer Verdant Power, LLC, the FERC granted a preliminary permit for the Astoria project on May 31, 2007.  NYTEC won another preliminary permit on January 10, 2011.

On June 1, 2009, NYTEC filed a draft application for an original license for the East River Tidal Energy Pilot Project.  That license application described the proposed East River Tidal Energy Pilot Project.  As reenvisioned, the East River project would consist of: (1) a 2-meter-diameter 20 kW capacity hydrokinetic device during Phase 1, which would be replaced by a 6-meter-diameter 200 kW device in Phase 2; (2) an underwater cable connecting the hydrokinetic device to shore at one of two proposed locations; and (3) appurtenant facilities for operating and maintaining the project.  After soliciting comment from stakeholders and agencies, on November 9, 2010, the Commission issued a letter concluding the pre-filing process.

In the ensuing 4 years, while the docket experienced some activity, no final license application for the pilot project has been filed.  On November 10, FERC staff issued a letter to Oceana Energy Company asking for a status update on the proposed project within 14 days.  The letter states that staff wants to "adjust resources to workload requirements," and suggests that staff will close the docket if the developer intends to continue pursuing the proposed East River Tidal Energy Pilot Project.

What does the future hold for the East River Tidal Energy Pilot Project?

Hydropower relicensing surge expected

Hydropower industry experts are gathering near Worcester, Massachusetts, this week for a conference on hydropower re-licensing. Organized by EUCI and hosted by Alden Research Laboratory, the March 18-19 Hydropower Re-Licensing Conference features speakers from federal and state regulatory agencies, owners of hydropower projects, and consultants.

The power of falling water.

Hydropower currently accounts for about two-thirds of all renewable electricity generated in the U.S, with room for growth primarily by expansion of existing facilities at existing storage dams. Most hydropower projects fall under the jurisdiction of the Federal Energy Regulatory Commission, receiving either a license or an exemption pursuant to the Federal Power Act.

Before most existing projects may expand, they need to secure a license amendment from the FERC allowing changes to the project. Planned and upcoming project expansions will drive significant relicensing in the coming years.

The age of the nation's existing hydropower projects will also drive additional relicensing activity in the near term. Of roughly 2,000 existing hydropower licenses and exemptions issued by the FERC, nearly one-quarter will expire within the next 15 years. Since dams have relatively high construction and permitting costs and relatively long useful lives, since demand for renewable electricity remains relatively high, since most dams were built decades ago and since existing licenses typically run for 30 to 50 years, most of these existing dams will likely apply for new licenses before the terms of their existing licenses expire.

For these reasons, expect to see significant re-licensing activity around hydropower projects in the next decade.

Following this week's conference, EUCI will host a workshop on financing new and existing small hydropower projects. A panel of presenters, including Jon Petrillo of Gravity Renewables, Dana Hall of the Low Impact Hydropower Institute, my colleague Peter Brown of Preti Flaherty, and me, will engage with attendees on the ever-important question of how to finance hydropower projects.

For more information about the event, contact me at 207-791-3000 or tgriset@preti.com.

Oregon wave project permit surrendered

The developer of a proposed large wave energy project off the Oregon coast has surrendered a key federal permit for the project.

Waves lap islands off the Maine coast near Casco Bay, a more sheltered site than that proposed off Oregon.

Ocean Power Technologies subsidiary Reedsport OPT Wave Park, LLC had proposed a 50 megawatt project in the Pacific Ocean off the central Oregon coast.  This larger project was intended to follow on the heels of OPT's "Phase I" development, a 1.5 megawatt non-grid connected pilot project which in 2012 became the first U.S. wave project to win a license from the Federal Energy Regulatory Commission.

OPT also won preliminary permits from the FERC to study the feasibility of larger projects off Reedsport, including a 15 megawatt "Phase II" and the 50 megawatt "Phase III" project.  OPT's Phase III preliminary permit gave it three years to study the feasibility of the "Reedsport Expanded Project", after which OPT could seek a license to develop and operate the larger scale phases.

That permit was set to expire on February 28, 2014.  Given the technological, permitting, and community engagement challenges raised by developing any advanced energy project, many permittees find that they need more than 3 years to study a site.  The FERC allows such developers to seek successive preliminary permits, effectively extending the due diligence period for qualified developers able to show real progress.

But based on a February 28, 2014, FERC filing, OPT announced that it would not seek a successive preliminary permit at this time, and would instead surrender the Phase III preliminary permit.  In its filing, OPT acknowledged the significant efforts made by the state of Oregon to facilitate wave energy projects, but noted the challenges interposed by a cascading series of unforeseen delays:delays in the Phase I study and development processes, resulting delays in the Phase II consultation, licensing, study, and monitoring processes, and "increased project-related costs."  Ultimately, OPT noted that while it continues to evaluate its Phase I and Phase II implementation options, "OPT's plans for an expanded Phase III Project are sufficiently uncertain at this time that the company cannot justify requesting an additional three-year preliminary permit extension."

Meanwhile, last month another OPT affiliate announced an agreement with Lockheed Martin to develop a 62.5 megawatt wave energy project off the coast of Australia.  While it is tempting to read between the lines and surmise that the Australian permitting process, culture, or site conditions are more favorable than those in Oregon, OPT has given no concrete indication that this is the case.  Estimates of U.S. wave energy potential remain large -- with at least one report identifying a total available wave energy resource of 2,650 terawatt-hours per year.  Whether or not the expanded Oregon project returns to active development, the size of the resource points to continued interest in developing the U.S.'s marine renewable energy resources.

Wave energy project in Australia advances

What may become the world's largest electricity generation project to rely on the power of ocean waves is moving forward in Australia, as Lockheed Martin has announced that it has signed a contract with Victorian Wave Partners Ltd. to develop a 62.5-megawatt project off the coast of Victoria, Australia.

Waves off the coast of Maine.

The world's oceans contain significant amounts of energy, embodied in waves, tides, and currents.  Winds blowing over the seas also contain substantial energy.  Given the immense size of these marine renewable energy resources, extracting useful power from the oceans offers significant potential to serve society's needs without relying on fossil fuels.  Early projects, like the 2008 Aguçadoura Wave Farm off Portugal, sought to demonstrate the feasibility of wave energy conversion, but the rigors of the marine environment, need for advanced technologies, and costs of developing a wave energy project have limited development of wave and other hydrokinetic energy resources.

Today's announcement by Lockheed Martin of a project development agreement with Victorian Wave Partners Ltd. envisions a much larger project than has previously been developed anywhere in the world.  Victorian Wave Partners is an Australian special purpose company owned by Ocean Power Technologies Australasia Pty Ltd., an affiliate of U.S. company Ocean Power Technologies or OPT.   OPT's PowerBuoy wave generation technology uses a buoy that moves up and down in ocean waves to capture mechanical energy.  This mechanical energy is used to power an electrical generator, whose electricity is transmitted to shore via an underwater cable.  OPT has proposed projects relying on its PowerBuoy technology off the coast of Oregon in the U.S., and has tested its technology off Hawaii, New Jersey, and Scotland.

The Victoria project is scheduled to be developed in three stages.  The first stage is expected to produce approximately 2.5 megawatts of peak power by 2014 or 2015, with subsequent stages designed to build up to 60 additional megawatts of peak capacity by 2018 or 2019.  The project relies in part on funding from the Australian Renewable Energy Agency or ARENA.  Australia has established a goal of relying on renewable energy for 20 percent of its needs by 2020.  ARENA offers funding to qualified renewable energy projects capable of helping the island nation meet this goal.

While the Victoria project may become the world's largest wave energy project to date, other projects in Australia, Scotland, and the United States are moving forward.  Will waves soon contribute meaningfully to the world's portfolio of energy resources?

Tidal power past, present, and future at Tide Mill Institute 2013

The Tide Mill Institute held its ninth annual conference this past Friday and Saturday.  About 60 people interested in the past, present, and future of tidal energy gathered at the Topsfield Historical Society's Gould Barn in Massachusetts.  The audience included developers of recreated historic tide mills and modern tidal power projects, inventors of tidal turbine technology, academics, state legislators, historians, architects, and other enthusiasts of tidal power.

Tide Mill Institute's John Goff speaks about historic tide mills in Salem, Massachusetts.

Ocean Renewable Power Company's president and CEO, Chris Sauer, gave the keynote presentation on ORPC's efforts and success in developing modern hydrokinetic tidal power plants in the Gulf of Maine and elsewhere.  Chris described the research and development process that led to ORPC's Turbine Generator Unit or TGU.  He also described the engineering, regulatory, and commercial challenges of developing tidal power plants today, as well as ORPC's approach to overcoming these challenges.

Other presentations included: Professor Kerr Canning's exposition of a tide mill site he discovered on the Apple River in Nova Scotia; Professor Robert Gordon's look at tide mill mechanics at sites in York, Maine; a review of tide mill history on the Gowanus Canal in Brooklyn, New York, by Angela Kramer of the Brooklyn Historical Society and Proteus Gowanus; and a survey by representatives of local historical societies of tide mills on the North Shore of Massachusetts.

Tide Mill Institute members and attendees also enjoyed displays on historic and modern tide power projects, and informal discussions of archaeological discoveries and modern developments. 

The Tide Mill Institute will hold its 10th annual conference in 2014.

Master Limited Partnerships for clean renewable energy

An organizational structure called Master Limited Partnerships has the potential to increase private-sector investment in clean energy. Master Limited Partnerships, or MLPs, benefit from a tax structure under which investors are taxed as partners but can trade their ownership stakes on securities exchanges much like corporate stock. Newly proposed federal legislation could extend this treatment to clean energy technologies.

MLPs offer their investors an attractive combination of tax advantages and liquidity. Profit from most publicly traded corporations is taxed twice, at both the corporate level and the shareholder level. By contrast, income from MLPs is taxed only at the shareholder level because it is treated as a partnership for tax purposes. Like Real Estate Investment Trusts or REITs, MLPs thus combine the tax benefits of a limited partnership with the liquidity of publicly traded securities.

Under federal law, MLP treatment is limited to enterprises generating at least 90 percent of their income from qualifying sources. These generally involve the use of natural resources, such as the production, processing or transportation of petroleum, natural gas, coal, timber, and other minerals. Since 1981, the use of the MLP structure has grown; estimates suggest that over 100 MLPs are currently being traded on major exchanges, with a total market valuation of about $445 billion.

Yesterday Congress introduced proposed bipartisan legislation that would extend this tax structure to clean energy technologies. The Master Limited Partnerships Parity Act, formally known as S.795: A bill to amend the Internal Revenue Code of 1986 to extend the publicly traded partnership ownership structure to energy power generation projects and transportation fuels, and for other purposes, is sponsored by Sen. Chris Coons, D-Del., along with co-sponsors Sens. Jerry Moran; R-Kan., Debbie Stabenow, D-Mich.; and Lisa Murkowski, R-Alaska. It has been referred to the Senate Committee on Finance.

The Master Limited Partnerships Parity Act would significantly broaden the scope of projects eligible for MLP treatment to include clean energy resources and infrastructure projects. These projects would include any energy technologies that qualify for the federal production tax credit or investment tax credit, such as wind, closed and open loop biomass, geothermal, solar, municipal solid waste, hydropower, marine and hydrokinetic, fuel cells, and combined heat and power. The bill would also open the MLP structure to advanced transportation fuels such as cellulosic, ethanol, biodiesel, and algae-based fuels, as well as energy-efficient buildings, electricity storage, carbon capture and storage, renewable chemicals, and waste-heat-to-power technologies.

Proponents hope that the act would stimulate investment in clean energy projects much as it has worked for other extractive natural resource infrastructure. At the same time, concern over the federal budget calls for serious consideration of measures that would reduce federal tax revenues. So far, the bill seems to have broad support and little outspoken opposition. If enacted, it could lead to an influx of investment capital into renewable and clean energy technologies.

Shell announces LNG plants for transportation sector

Energy company Royal Dutch Shell PLC has announced plans to build two liquified natural gas (LNG) plants in North America to produce fuel for marine and heavy-duty on-road transportation.

Shell, a global group of energy and petrochemicals companies, may be most famous for its roadside gas stations, but also operates businesses in crude oil and natural gas production, refining, marketing, and research and development. According to a press release issued yesterday, Shell and its affiliates now plan to develop two liquefaction units to turn natural gas into LNG.

By cooling natural gas to around -260°F, it can be liquefied.  The resulting LNG takes up significantly less volume than the gas did, making it easier to ship and store.  Unlike gas taken directly off a pipeline, LNG can also be used as a mobile fuel source for transportation.  Compared to oil-based fuels such as diesel and gasoline, LNG can be less expensive and may create fewer emissions of carbon dioxide and pollutants.

Shell's newly announced plants will be built in Geismar, Louisiana and Sarnia, Ontario, Canada.  The Geismar plant will supply LNG along the Mississippi River, the Intra-Coastal Waterway and to the offshore Gulf of Mexico and the onshore oil and gas exploration areas of Texas and Louisiana.  Shell is partnering with companies including subsidiaries of Martin Resource Management Corporation and Edison Chouest Offshore to supply LNG fuel to marine vessels that operate in the Gulf of Mexico.  Under Shell's vision, LNG produced at Geismar will be barged to Port Fourchon, Louisiana, where it will be bunkered into customer vessels.  Shell also announced plans for a similar liquefaction unit at its Shell Sarnia Manufacturing Centre in Sarnia, Ontario, Canada.  The Sarnia project is designed to supply LNG fuel to all five Great Lakes, their bordering U.S. states and Canadian provinces and the St. Lawrence Seaway.

Each facility will be relatively small-scale, capable of producing 250,000 tons of gas per year. According to Shell, pending final regulatory permitting, the liquefaction units may begin operations and production in about three years.  Shell is currently developing a similar gas processing facility in Alberta, Canada, and plans to sell LNG at truck stops in that province.

Several years ago, energy companies rushed to develop LNG import terminals in the U.S. to increase supplies of natural gas in the interstate pipeline system.  Hydraulic fracturing and the resulting development of feasible production of domestic natural gas from shale resources turned LNG imports' economics on their heads.  Now that natural gas in most of the U.S. is significantly cheaper than imported LNG, companies like Cheniere Energy Inc. are now seeking to export LNG to other countries.  Domestic use of LNG in the transportation sector represents an alternative way for energy companies to profit from the shale gas boom.

Commercial fishing and solar energy

Commercial fishing businesses tend to consume significant amounts of energy, but may be able to offset their energy expenses by turning to solar panels and other distributed electric generation.

The winter fishing fleet of Northeast Harbor, Maine.

According to the National Marine Fisheries Service, the U.S. commercial fishing sector landed $5.3 billion in seafood last year.  Alaska led the nation in total catch value in 2011, landing $1.9 billion in fish and shellfish.  Massachusetts came in second at $570 million, with Maine coming in third at $426 million.

Catching this seafood comes at a price.  Diesel and other marine fuels account for a significant fraction of commercial fishermen's expenses.  Onshore, electricity powers stationary facilities like freezers, refrigerators and pumps for holding tanks, with seafood processing operations consuming even more power.

The location of many commercial fishing businesses -- typically located on the coast, often on a pier or wharf exposed to the sun and wind -- may create an opportunity for fishermen to offset their energy costs by producing their own electricity.  One Maine lobsterman recently added a 10-kilowatt solar array to his wharf in Harpswell. Funded in part by an $11,750 grant through the U.S. Department of Agriculture's Rural Energy for America Program, last month Potts Harbor Lobster added 44 solar panels to two roofs on the Reversing Falls Lobster wharf in South Harpswell.

In addition to USDA REAP grants, additional incentives are available that may shorten the payback period for distributed generation projects at commercial fishing facilities.  For example, Maine's net energy billing law allows consumers to use solar or other distributed generation to effectively spin their electricity meters backwards.  Consumers in almost every state can use similar net metering programs to sell excess power back to the grid, offsetting their electricity bill.  Other states, like Massachusetts and New Jersey, allow consumers to produce and sell solar renewable energy credits (sometimes called SRECs) from grid-connected solar photovoltaic panels.  These SREC sales can create a significant revenue stream for people and businesses who develop qualified renewable power projects.

Not every site may be well-suited for distributed generation projects.  Given relatively high capital costs for many small renewable power projects, payback periods may be too long for some businesses to make the investment.  However, as the cost of electric transmission increases across the country, the traditionally self-reliant fishing industry may increasingly turn to solar energy and other distributed generation technologies.