FERC upholds Block Island offshore wind PPA

Federal energy regulators have denied a complaint by a Newport, Rhode Island city councilor against state regulators' approval of a power purchase agreement for an offshore wind project off Block Island.

At issue is Deepwater Wind Block Island, LLC's small-scale 30-megawatt offshore wind project located near Rhode Island's Block Island. The project sells its output to utility Narragansett Electric Company, Inc. d/b/a National Grid (National Grid), pursuant to a power purchase agreement approved by the Rhode Island Public Utilities Commission on August 16, 2010.

On June 7, 2018, Ms. Kathryn E. Leonard filed a complaint to the Federal Energy Regulatory Commission, alleging that the implementation of the power purchase agreement violated various federal laws, including the Federal Power Act, Public Utility Regulatory Policies Act of 1978 (PURPA), and the Supremacy and Interstate Commerce Clauses of the U.S. Constitution.

On April 24, 2019, the Commission issued its order denying Ms. Leonard's complaint. In the seventeen-page order, the Commission noted that the complainant provided no evidence in support of her assertion that the power purchase agreement was entered into pursuant to Rhode Island's implementation of PURPA. Instead, the Commission found that the Rhode Island Public Utilities Commission's approval of the contract was pursuant to state law, not pursuant to its PURPA regulations -- but that even if it were pursuant to PURPA, federal regulations governing sales by qualifying facilities to electric utilities explicitly permit negotiated rates.

The Commission similarly found that the complainant failed to show that the contract or its pricing was unjust and unreasonable under the Federal Power Act, and to provide sufficient support for its constitutional claims. The Commission also distinguished the Block Island PPA from contracts it previously invalidated in another case, Hughes v. Talen, which involved contracts for differences and an explicit requirement of participation in the capacity market. For these reasons, the Commission denied the complaint.

The Block Island project is the first commercially-operating offshore wind project in the United States. A number of other projects are currently under development, and several states in the Northeast have enacted laws requiring utility procurement of offshore wind energy. According to a 2016 analysis by the U.S. Department of Energy, U.S. offshore wind has a technical resource potential of more than 2,000 gigawatts of capacity, or 7,200 terawatt-hours of generation per year -- nearly twice the nation’s current electricity use.

US proposes offshore oil and gas leasing expansion

The Trump administration is taking steps that could ultimately lead to a significant expansion of U.S. outer continental shelf acreage available for oil and gas leasing.

Under federal law, the U.S. Bureau of Ocean Energy Management is charged with administering site leasing for energy development on the outer continental shelf. The Outer Continental Shelf Lands Act requires the Secretary of the Interior, through BOEM, to develop a five-year national plan for oil and gas sales in federal waters. The law requires the Secretary to balance criteria including environmental impacts, energy needs and resources, and adverse effects on the coastal zone.

On January 4, 2018, Secretary of the Interior Ryan Zinke announced a new Draft Proposed Program. He described its release as "an early step in a multi-year process to develop a final National OCS Program for 2019-2024," and as consistent with an April 2017 Executive Order implementing an "America-First Offshore Energy Strategy."

The Draft Proposed Program includes 47 potential lease sales -- the largest number of lease sales ever proposed for the National OCS Program’s 5-year lease schedule.  The plan includes 19 sales off Alaska, 7 in the Pacific Region, 12 in the Gulf of Mexico, and 9 in the Atlantic Region. Some of these areas have not seen leases sold in decades; for example, there have been no sales in the Atlantic since 1983 and there are no existing leases.

By contrast, the draft program includes 8 Atlantic lease sales between 2020 and 2024, covering federal waters offshore Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, and Florida. The Pacific leases would similarly be the first sold in that region since 1984.

According to the press release announcing the draft's release, "Inclusion of an area in the DPP is not a final indication that it will be included in the approved Program or offered in a lease sale, because many decision points still remain. By proposing to open these areas for consideration, the Secretary ensures that he will receive public input and analysis on all of the available OCS to better inform future decisions on the National OCS Program."

Even if an area is offered in a lease sale, it may not draw commercial interest; even if leased, an area might not actually be used for exploration and production. But the draft plan significantly expands the acreage that would be available for leasing -- according to the Secretary, "the current program puts 94 percent of the OCS off limits," while the proposed program "proposes to make over 90 percent of the total OCS acreage and more than 98 percent of undiscovered, technically recoverable oil and gas resources in federal offshore areas available to consider for future exploration and development."

BOEM has solicited public comment on the draft plan, which will inform several further rounds of proposals and comment, before a Proposed Final Program (PFP) is considered. In the meantime, until a new program is finalized and adopted, the present 2017-2022 Five Year Program remains in effect.

RGGI states propose tighter carbon budget

The nine states participating in the Regional Greenhouse Gas Initiative have announced consensus on proposed revisions to that program that would provide a further 30% reduction in the regional limit on emissions by 2030, relative to 2020 levels.  The proposed regional program changes are now available for stakeholder comment, after which each participating state will follow its own specific statutory and regulatory processes to propose updates to their own carbon dioxide budget trading programs.

Nine Northeast and Mid-Atlantic states -- Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont -- currently participate in RGGI, the first mandatory market-based regulatory program in the U.S. to reduce greenhouse gas emissions.  RGGI is composed of individual CO2 budget trading programs in each state, based on each state’s independent legal authority.  The program imposes an annual aggregate cap on greenhouse emissions from covered sources like fossil-fueled power plants in participating states.  For 2017, the cap is 84.3 million short tons (62.5 million short tons adjusted for banked allowances); it declines 2.5 percent each year until 2020.  Since 2008, participating states have reduced power sector carbon emissions by nearly 50 percent, while generating more than $2.7 billion in allowance auction proceeds for reinvestment in programs to benefit consumers.

RGGI participating states periodically conduct a "program review".  Following their 2012 Program Review, the RGGI states implemented a new 2014 RGGI cap of 91 million short tons -- 45 % below the prior 2014 cap of 165 million short tons. At that time, the participating states decided to commence the next program review no later than 2016.

RGGI's 2016 Program Review is ongoing.  According to an August 23, 2017 announcement, the participating states have reached consensus on proposed changes to the program design.  Proposed changes include a regional cap of 75,147,784 tons in 2021, which will decline by 2.275 million tons per year thereafter, resulting in a total 30% reduction in the regional cap from 2020 to 2030.  The proposed changes also include modifications to the existing Cost Containment Reserve and implementation of a new Emissions Containment Reserve which would add some flexibility to the cap size.

On behalf of participating states, RGGI, Inc. has announced a meeting on September 25 to gather stakeholder input.  According to the announcement, after reviewing stakeholder comments, conducting additional economic analysis, and updating materials, each participating state is expected to execute its own statutory and regulatory process to update its own carbon budget trading program.

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.

DONG Energy proposes Massachusetts offshore wind farm

A subsidiary of Danish energy company DONG Energy has proposed an offshore wind development to be located in federal waters off the Massachusetts coast.  The "Bay State Wind" project would be a utility scale offshore wind farm, located 15 miles south of Martha's Vineyard.

Largely owned by the Danish government, DONG is the world’s largest developer of offshore wind projects, reportedly having built over 3,000 megawatts or about a third of all installed offshore wind capacity in the world.  Other branches of the company engage in serving Danish customers, oil and natural gas exploration and production, and thermal power generation. 

Because the Bay State Wind project's site is over the outer continental shelf, it falls under federal jurisdiction for site leasing purposes under subsection 8(p) of the Outer Continental Shelf Lands Act.  The wind energy area in question was originally auctioned by the U.S. Bureau of Ocean Energy Management in January 2015.  In that January auction, RES America Developments, Inc. provisionally won the rights to Lease OCS-A 0500 (187,523 acres) with a winning bid of $281,285.  BOEM signed the commercial wind energy lease for the site on March 23, 2015, and the lease went into effect on April 1, 2015.

In April 2015, RES agreed to transfer the lease to DONG.  In accordance with BOEM's process for assigning a site lease, BOEM agreed to assign the lease to DONG Energy Massachusetts (U.S.) LLC on June 12.

According to DONG, full development of the Bay State Wind project might entail 1,000 megawatts of generating capacity.  Its lease area is adjacent to the wind energy area offshore Rhode Island and Massachusetts won by Deepwater Wind in 2013 in BOEM's first competitive lease sale for offshore wind sites.

US auctions NJ offshore wind sites

The U.S. Department of the Interior has auctioned the rights to lease nearly 344,000 acres offshore New Jersey for potential offshore wind energy development. 

Under federal law, the Department of the Interior's Bureau of Ocean Energy Management is responsible for leasing marine sites on the Outer Continental Shelf for energy development.  In addition to BOEM's oil and gas site leasing programs, the agency also operates renewable energy programs focused primarily on offshore wind and hydrokinetic resources (waves and currents).  Prior to yesterday's lease sale, BOEM had awarded nine commercial offshore wind leases offshore Massachusetts, Maryland, Rhode Island, and Virginia.

In September, BOEM announced that it would auction off the rights to two designated Wind Energy Areas offshore New Jersey.  That auction was held yesterday.  According to BOEM, the provisional winner of lease area OCS-A 0498 (160,480 acres) was RES America Developments Inc., with a bid of $880,715.  US Wind Inc. provisionally won site OCS-A 0499 (183,353 acres), with a bid of $1,006,240. Fishermen’s Energy LLC also reportedly participated in the lease sale but did not win either parcel.

Generally centered offshore of Atlantic City, the New Jersey Wind Energy Area starts about 7 nautical miles offshore and runs about 21 nautical miles seaward.  The U.S. Department of Energy’s National Renewable Energy Laboratory reports that full development of the area could support about 3,400 megawatts of wind generation.

Since the Obama administration's early "Smart from the Start" program, BOEM has engaged in efforts to spur offshore wind development.  President Obama's June 2013 Climate Change Action Plan features offshore wind as a tool to reduce the emission of carbon dioxide and other greenhouse gases from domestic industry.

This emphasis on the linkage between offshore wind and action on climate change is increasingly clear in the administration's messaging.  Early press releases on BOEM's offshore wind programs emphasized "the Obama Administration's all-of-the-above energy strategy to continue to expand domestic energy production."  By July 31, 2013, in announcing the first ever competitive lease sale for renewable energy in federal waters, BOEM described "President Obama's comprehensive plan to move our economy toward domestic clean energy sources and cut carbon pollution."  Just two months later in September 2013, after the release of the Climate Action Plan, BOEM began using the phrase "President Obama's Climate Action Plan to create American jobs, develop domestic clean energy sources and cut carbon pollution."  BOEM continues to use this phrase in touting its offshore wind program's consistency with the Climate Action Plan, as recently as yesterday's press release about the New Jersey lease sale.

Perhaps more tellingly, the Department of Interior press release announcing yesterday's New Jersey sale references "COP21", the upcoming 2015 Paris Climate Conference, in its brief summary.  This reference to the Paris climate convention is not otherwise explained in the text of the press release.  Nevertheless its inclusion here highlights the interplay between domestic and international energy policy, as well as the potential role U.S. offshore wind might play in addressing climate change.

North Carolina offshore wind advances

Federal efforts to lease ocean sites off the North Carolina coast for offshore wind development advanced last week, when the Bureau of Ocean Energy Management issued a report finding that there would be no significant environmental or socioeconomic impacts from issuing wind energy leases in three specific areas.  The determination brings BOEM one step closer to auctioning off leasing rights off North Carolina for offshore wind development.

The Bureau of Ocean Energy Management is part of the U.S. Department of the Interior.  BOEM performs key duties under the Outer Continental Shelf Lands Act, including resource evaluation, planning, and site leasing.  In furtherance of President Obama’s Climate Action Plan, BOEM has auctioned off the rights to lease sites in federal waters for offshore wind development off states including Massachusetts, Maryland, Virginia, and Rhode Island.  Altogether, BOEM has awarded nine commercial wind leases.  Seven of these were awarded through its competitive lease sale process, generating over $14.5 million in high bids for over 700,000 acres in federal waters. 

Federal law prescribes the process BOEM must undertake to lease sites for offshore wind development.  Under the National Environmental Policy Act (NEPA), BOEM must evaluate the environmental and socioeconomic impacts of proposed actions.

For the proposed leasing off North Carolina, in January 2015 BOEM published its Environmental Assessment (EA) of the impacts of granting commercial wind leases and allowing of site characterization and assessment activities on the Atlantic Outer Continental Shelf.  On September 17, BOEM issued a revised Environmental Assessment.  That EA found there would be no significant environmental or socioeconomic impacts from issuing wind energy leases and allowing site characterization activities.  This "Finding of No Significant Impact", or FONSI, enables BOEM to proceed to the next step in the leasing process.

That next step will occur in October, when BOEM will convene a public meeting of the North Carolina Renewable Energy Task Force.  After considering the input from the Task Force, BOEM will publish a “Proposed Sale Notice” in the Federal Register, which will include a 60-day public comment period. That notice would be followed by a lease auction, likely similar to those held for sites off other states.

In addition to its proposed North Carolina activity, BOEM expects to hold a competitive lease sale for sites offshore New Jersey later this year.

Block Island offshore wind celebrated, challenged

U.S. and Rhode Island officials recently celebrated the start of construction on the Block Island Wind Farm, which is on track to be the first commercial offshore wind farm in the U.S.  The five-turbine, 30-megawatt project under development by Deepwater Wind is scheduled to come online in 2016; turbine foundation construction and other "steel in the water" activities are underway.  As a pioneer in U.S. offshore wind development, the Block Island project has survived years of permitting uncertainty and repeated legal challenges by project opponents.  But another such lawsuit was filed this week in federal court.  What does the future hold for the Block Island Wind Farm?

Project developer Deepwater Wind is owned principally by an entity of the D.E. Shaw group.  Its Block Island project is currently under construction in Rhode Island state waters about three nautical miles southeast of Block Island.  The project will feed power directly to consumers on Block Island, but also includes a 25-mile bi-directional submerged transmission cable between Block Island and the mainland. The project's finances rest in part on a power purchase agreement through which Deepwater Wind will sell power to utility National Grid.

That power purchase agreement, or PPA, has been the subject of several legal challenges.  Those challenges often cite the deal's cost: pricing for the Block Island power starts as high as 24.4 cents per kilowatt-hour, and escalates 3.5 percent annually.  These prices are more than double the typical Rhode Island energy price, for an estimated $497 million in above-market costs over the 20-year deal.

In 2009 and early 2010, the Rhode Island Public Utilities Commission rejected proposals by Deepwater Wind and National Grid, largely over cost.  The parties then returned with a revised proposal.  In 2010, TransCanada Power Marketing Ltd. unsuccessfully argued that the Rhode Island commission shouldn't consider that proposal due to constitutional infirmities in the Rhode Island law favoring renewable power contracts with in-state projects.  On August 16, 2010, the Commission issued its order approving the PPA.  After that order was appealed to the state Supreme Court, the Supreme Court issued a written opinion upholding the Commission's Order on July 1, 2011.  In 2012 and in 2015, project opponents petitioned the Federal Energy Regulatory Commission to invalidate the Rhode Island commission's action, which FERC declined to do.  Through all this, the project moved forward and ultimately began local construction earlier this year.

But the project is not yet completely out of stormy seas.  On August 14, 2015, plaintiffs with a history of engagement in some of these earlier challenges filed a lawsuit in U.S. District Court in Rhode Island.  As in previous challenges, this complaint argues that the Rhode Island Public Utilities Commission violated federal laws in approving the Block Island deal because only the Federal Energy Regulatory Commission may regulate wholesale electricity sales.  While it is possible that this case could be swiftly dismissed, if it lingers it could add uncertainty to the project until its resolution.  Last year a federal court invalidated a FERC ruling on the grounds that it impermissibly tread on state rights to set retail electricity rates.  That case, Electric Power Supply Association v. Federal Energy Regulatory Commission, has been appealed to the U.S. Supreme Court.

With construction underway, the Block Island project now has significant inertia behind it.  What impact will the recently filed lawsuit have?  Will it affect Deepwater Wind's position as "first in the water" in the race for U.S. commercial offshore wind development?

Federal offshore wind auction held for sites off Massachusetts

Federal ocean energy managers have concluded an auction to lease over 350,000 acres off the Massachusetts coast to prepare for offshore wind development.  Of the four parcels up for bid in today's auction, one was provisionally awarded to RES America Developments, Inc. and another to Offshore MW LLC.  Two other parcels failed to attract any bids.

Onshore wind turbines near the Massachusetts coast.

In today's auction conducted by the Interior Department’s Bureau of Ocean Energy Management (BOEM), RES America Developments, Inc. provisionally won the rights to Lease OCS-A 0500 (187,523 acres) after two rounds of bidding, with a winning bid of $281,285.  Offshore MW LLC provisionally won the rights to Lease OCS-A 0501 (166,886 acres) after two rounds of bidding, with a winning bid of $166,886.  These winning bids are significantly below those that were required to win previous federal competitive lease sales for offshore wind sites.

While today's lease awards are a step forward for U.S. offshore wind, neither lease awarded today grants the right to construct or operate an offshore wind project.  Rather, these leases have a preliminary term of one year, to allow the lessee time to prepare a Site Assessment Plan describing the installation of meteorological towers and buoys and other activities the lessee plans to perform to assess local wind resources and ocean conditions.  Site Assessment Plans must be submitted to BOEM for review and approval.

Once BOEM approves a Site Assessment Plan, the lessee will then have up to five years in which to prepare and submit to BOEM a Construction and Operations Plan (COP) providing detailed information for the construction and operation of a wind energy project on the lease.  After BOEM receives a Construction and Operations Plan from a lessee, BOEM will conduct an environmental review of and public comment period for the proposed project.  If BOEM approves a Construction and Operations Plan, the lessee will have an operations term of 25 years.

Lease OCS-A 0502 (248,015 acres) and Lease OCS-A 0503 (140,554 acres) did not receive bids in today's auction.  As shown on a BOEM nautical chart of the Massachusetts Wind Energy Area, these lease areas are generally farther from the Massachusetts coast than the areas awarded through today's auction.

BOEM touts its offshore wind leasing program as part of President Obama’s Climate Action Plan.  The auction held today by BOEM represents the nation’s fourth competitive lease sale for renewable energy sites in federal waters.  Including this auction, competitive lease sales have generated more than $14.5 million in high bids for more than 700,000 acres in federal waters.  Previous auctions covered sites off Rhode Island and Massachusetts, Virginia, and Maryland.  BOEM expects to hold another competitive lease sale offshore the New Jersey coast in 2015.  

FERC issues EIS for Algonquin Incremental Market gas project

Staff of the Federal Energy Regulatory Commission have issued a final Environmental Impact Statement for a proposed natural gas transmission project connecting New York and New England.  In that report, Commission staff found that Algonquin Gas Transmission, LLC's Algonquin Incremental Market Project would result in some adverse environmental impacts, but that most of these impacts could be mitigated and reduced to less-than-significant levels.

A marker for the Williams Northwest Pipeline in Arches National Park, Utah.

 Algonquin Gas Transmission, LLC -- a subsidiary of Spectra Energy Partners, LP -- already owns a natural gas pipeline and transmission network running from the Texas Eastern Transmission system in New Jersey to the Maritimes & Northeast system near Boston.

In 2014, Algonquin proposed the Algonquin Incremental Market project.  The AIM project's would provide firm transportation service of 342,000 dekatherms per day of natural gas to local distribution companies and municipal utilities in Connecticut, Rhode Island, and Massachusetts.  Algonquin’s stated objectives for the Project are:

• to provide the pipeline capacity necessary to transport additional natural gas supplies to meet the immediate and future load growth demands of local gas utilities in southern New England;
• eliminate capacity constraints on existing pipeline systems in New York State and southern New England;
• provide access to growing natural gas supply areas in the Northeast region to increase competition and reduce volatility in natural gas pricing in southern New England;
• improve existing compressor station emissions through the replacement of existing compressor units with new, efficient units; and
• provide the additional service by November 2016.

As envisioned by Algonquin, the project will include the construction and operation of about 37.4 miles of natural gas pipeline in New York, Connecticut, and Massachusetts.  The project entails replacing some segments of existing pipeline, extending an existing loop pipeline to increase the system's capacity to ship gas, and installing some new pipeline.  It also includes modifications to six existing compressor stations, modifying existing meter and regulating stations, and the construction of 3 new meter and regulation stations.

Under federal law, Algonquin needs authorization from the Federal Energy Regulatory Commission to construct and operate the AIM project.  Algonquin filed its application to the FERC on February 28, 2014.  As part of the FERC's review process, the National Environmental Policy Act requires the agency to analyze and document the environmental effects of proposed federal actions such as granting Algonquin's application.

In Algonquin's case, that documentation took the form of a Final Environmental Impact Statement issued by the FERC staff today. In the final EIS, FERC's environmental analysts conclude that construction and operation of the AIM project would result in some adverse environmental impacts. However, FERC staff found that most of these impacts would be reduced to less-than-significant levels with the implementation of mitigation measures and plans proposed by Algonquin, along with additional measures recommended by the FERC staff.  Staff pointed to factors including the degree to which proposed AIM project pipeline facilities would be within or adjacent to existing rights-of-way, the planned use of the horizontal directional drill method to cross the Hudson and Still Rivers, which would avoid any direct impacts on these resources, as well as plans to minimize impacts on natural and cultural resources during construction and operation of the Project.

With the final Environmental Impact Statement issued, the FERC Commissioners will consider its staff's recommendations in making a final a decision on the AIM project.  Multiple studies have highlighted the need for up to 2 billion cubic feet per day (Bcf/d) of new pipeline capacity into New England and neighboring markets to improve reliability and reduce the cost to consumers of electricity and natural gas.  At a planned size of 342,000 dekatherms (or 0.342 Bcf) per day, the AIM project is relatively small in capacity compared to other proposed projects such as Tennessee Gas Pipeline Company, L.L.P.'s proposed Northeast Energy Direct Project, which is designed to be scalable up to 1.2 to 2.2 billion cubic feet per day of natural gas capacity.  Which pipelines end up being approved and built will shape the New England energy landscape in the coming years.

US to auction Massachusetts offshore wind sites

The U.S. Department of the Interior has announced plans to auction more than 742,000 acres offshore Massachusetts for commercial wind energy development.

On January 29, 2015, the Department's Bureau of Ocean Energy Management will hold a competitive commercial lease sale for the rights to site offshore wind facilities in the federally designated Massachusetts Wind Energy Area.  Generally located south of the islands of Martha's Vineyard and Nantucket, the area will be auctioned as four leases.  It starts about 12 nautical miles offshore Massachusetts; from its northern boundary, the area extends 33 nautical miles southward and runs about 47 nautical miles from east to west.  The Massachusetts Wind Energy Area is significantly larger than previously auctioned areas off Massachusetts, Rhode Island, Virginia, and Maryland.  The U.S. Department of Energy’s National Renewable Energy Laboratory has estimated that fully developing the Massachusetts area could support between 4 and 5 gigawatts of commercial wind generation.

BOEM has found twelve companies to be legally, technically and financially qualified to participate in the auction for the Massachusetts Wind Energy Area:

• Deepwater Wind New England, LLC
  
• EDF Renewable Development, Inc.
• Energy Management, Inc.
  
• Fishermen’s Energy, LLC
  
• Green Sail Energy, LLC
  
• IBERDROLA RENEWABLES, Inc.
  
• NRG Bluewater Wind Massachusetts, LLC
  
• OffshoreMW, LLC
  
• RES America Developments, Inc.
  
• Sea Breeze Energy, LLC
  
• US Mainstream Renewable Power (Offshore), Inc.
  
• U.S. Wind, Inc.

Bidders will be ranked based on a combination of monetary factors (primarily their bids) and non-monetary factors (whether or not the bidder has a Community Benefits Agreement or Power Purchase Agreement in place).

The Massachusetts auction will be the fourth competitive lease sale for renewable energy on the Outer Continental Shelf, following previous auctions for sites off Massachusetts-Rhode Island, Virginia and Maryland.  Bidders winning previous auctions have committed over $14 million in bids to secure over 357,500 acres in federal waters.  BOEM expects to hold another lease auction for sites offshore New Jersey in 2015.

Feds to auction North Carolina offshore wind sites

The U.S. Department of the Interior's Bureau of Ocean Energy Management has announced plans to auction the rights to lease sites off the North Carolina coast for offshore wind projects.

Under the Bureau of Ocean Energy Management's "Smart from the Start" competitive program for leasing sites on the outer continental shelf (OCS) for commercial wind energy development, BOEM conducts a series of stakeholder and environmental review processes.  Through these processes, BOEM identifies areas that are attractive for commercial offshore wind development, while also protecting important viewsheds, sensitive habitats and resources and minimizing space use conflicts with activities such as military operations, shipping and fishing.

For North Carolina, the process began in December 2012 when BOEM published in the Federal Register a Call for Information and Nominations and a Notice of Intent to Prepare an Environmental Assessment.  After considering the public comments and responses, BOEM defined three Wind Energy Areas off North Carolina:

• The Kitty Hawk Wind Energy Area begins about 24 nautical miles (nm) from shore and extends approximately 25.7 nm in a general southeast direction at its widest point. Its seaward extent ranges from 13.5 nm in the north to .6 nm in the south. It contains approximately 21.5 OCS blocks (122,405 acres).
• The Wilmington West Wind Energy Area begins about 10 nm from shore and extends approximately 12.3 nm in an east - west direction at its widest point. It contains just over 9 OCS blocks (approximately 51,595 acres).
• The Wilmington East Wind Energy Area begins about 15 nm from Bald Head Island at its closest point and extends approximately 18 nm in the southeast direction at its widest point. It contains approximately 25 OCS blocks (133,590 acres). 

Map of North Carolina Wind Energy Areas, courtesy of BOEM.

The North Carolina auction will follow a series of similar auctions for East Coast offshore wind sites in federal waters over the past year, including sites off Massachusetts and Rhode Island and Virginia, and will come after the scheduled August 19 auction for sites off Maryland.  To date, BOEM has awarded five commercial wind energy leases off the Atlantic coast: two non-competitive leases (for the proposed Cape Wind project in Nantucket Sound and an area off Delaware) and three competitive leases (two offshore Massachusetts-Rhode Island and another offshore Virginia).  Altogether, the competitive lease sales have generated more than $5 million in high bids for more than 277,500 acres in federal waters.  BOEM expects to hold additional competitive auctions for wind energy areas offshore Massachusetts and New Jersey in the coming year.

When will North Carolina offshore wind sites be auctioned?  Who will bid?  Who will win -- and what will the high bid be?  Perhaps most fundamentally, will the BOEM leasing process lead to anyone developing a offshore wind project off North Carolina?

Feds to auction Maryland offshore wind sites

On August 19, the U.S. Department of the Interior's Bureau of Ocean Energy Management will auction off rights to lease sites off the Maryland coast for offshore wind.  Through the auction, which will represent the third auction for offshore wind sites in federal waters since July 2013, the Bureau hopes it will award leases to two areas covering approximately 80,000 acres about 10 nautical miles east of the Ocean City coastline.

Last year, the Department of the Interior held its first offshore wind site auction for sites off Massachusetts and Rhode Island; Deepwater Wind won that auction with a bid of $3.8 million.  The second auction, held for Virginia on September 4, covered approximately 112,799 acres about 23.5 nautical miles from the Virginia Beach coastline; Dominion Virginia Power won that auction with a bid of $1.6 million.

The Maryland auction later this month will follow procedures similar to those used in the previous two auctions.  Based on previous expressions of interest and qualifications, BOEM has determined that sixteen companies are eligible to bid on the Maryland sites:

• Apex Offshore Maryland, LLC
• Bluewater Wind Maryland LLC
• Convalt Energy LLC
• Dominion Wind Development, LLC
• EDF Renewable Development, Inc.
• Energy Management, Inc.
• Fishermen’s Energy, LLC
• Green Sail Energy LLC
• IBERDROLA RENEWABLES, Inc.
• Maryland Offshore Wind LLC
• Orisol Energy US, Inc.
• RES America Developments Inc.
• SCS Maryland Energy LLC
• Sea Breeze Energy LLC
• Seawind Renewable Energy Corporation LLC
• US Wind Inc.

How many of these entities actually participate in the auction remains to be seen.  8 qualified bidders (or their affiliates) also qualified to participate in the Virginia auction, but only winner Dominion and an Apex affiliate ever placed bids.  For Massachusetts and Rhode Island sites, 9 companies qualified to bid but only winner Deepwater, Sea Breeze, and US Wind participated.

Offshore wind project developers must coordinate regulatory, financial, and engineering efforts.  Securing a site for a project is a major step forward, but is only one of many important steps necessary to build an operating offshore wind project -- something the U.S. still lacks.  How much interest will the Maryland auction draw?  Who will win the right to lease the two parcels in the Maryland wind energy area, and how much will they pay?  Will the auction winners actually build offshore wind projects?  Some of these questions will be answered when the auction closes on August 19.

Dominion wins Virginia offshore wind lease

Dominion Virginia Power was the winning bidder in today's auction for the right to lease sea space off Virginia to develop an offshore wind project.  The auction, held the federal Bureau of Ocean Energy Management, was for a lease for a designated wind energy area covering about 112,799 acres of the outer continental shelf.  The site, about 23.5 nautical miles off the Virginia Beach coastline, is considered capable of supporting over 2,000 megawatts of wind generation.  

Prior to the auction, the Bureau of Ocean Energy Management approved eight bidders as eligible to participate.  But only Dominion and Apex Virginia Wind LLC participated in the auction.  By the sixth round, Apex dropped out and Dominion won.  While the official results have not yet been published, Dominion reportedly paid between $1.1 and $1.6 million for the right to this lease.

The Virginia auction follows July's auction in which Deepwater Wind paid $3.8 million for the right to lease 164,750 acres off Rhode Island and Massachusetts.  To compare projects against each other, one metric for evaluation is the effective premium the winning bidder paid in dollars per megawatt of resource potential in the area.  This premium represents the cost of outbidding the competition for the site, and is distinct from the ongoing lease payments that would ultimately be due when a lease is entered into.

With an estimated resource potential of 3,395 megawatts, the Massachusetts bid implies a lease premium of about $1.12 per megawatt of potential.  Dominion's winning bid for Virginia implies a lower lease premium of 55 to 80 cents per megawatt of potential.  The difference between these premiums could be due to a combination of several factors, including the degree of competitive interest in the site, and bidders' varying projections about the development, fixed and operating costs of a project.  The value of winning the lease also depends on the bidder's plans and capital availability.  Any development of the sites would likely occur in phases over the coming years, and seems unlikely to reach its full estimated potential in the near term.  Nevertheless, the lower Virginia lease premium illustrates the market results for this auction; its implications may depend on Dominion's plans.

The Bureau of Ocean Energy Management anticipates holding subequent auctions for offshore wind site leases elsewhere in the country in the coming months.  Will these leases lead to the development of offshore wind in U.S. waters?

Virginia offshore wind site leases to be auctioned

Next month the United States will auction off the rights to develop offshore wind energy projects off the Virginia coast.  The Virginia auction's results will shape the development of offshore wind in North America, as it will represent the nation's second competitive lease auction for commercial offshore wind projects.

As part of the Obama administration's efforts to promote the use of federal lands for the generation of renewable electricity, the federal Bureau of Ocean Energy Management is holding a series of auctions of the rights to lease sites in federal waters over the outer continental shelf.  On July 31, BOEM held an auction for sites off Massachusetts and Rhode Island.  In that auction, Deepwater Wind New England, LLC submitted the winning bid of about $3.8 million for the rights to lease two parcels covering 164,750 acres offshore New England.

BOEM will hold its second competitive lease auction on September 4 for sites off Virginia.  The Virginia auction will be for a single lease for a designated wind energy area covering about 112,799 acres.  The western edge of the lease area is located about 23.5 nautical miles off the Virginia Beach coastline.  If fully developed, BOEM expects the Virginia lease area to support more than 2,000 megawatts of wind generation.

The Virginia Wind Energy Area is outlined in blue in this map provided by BOEM.

BOEM's current offshore wind leasing program - known as "Smart from the Start" - features a process reliant on multiple rounds of proposals and calls for public feedback.  For Virginia waters, that process began in February 2012 when BOEM published a Call for Information and Nominations in the Federal Register.  The Call was designed to evaluate competitive interest for the area, as well as to seek public feedback on existing uses and other considerations relevant to leasing the sea space.  Simultaneously, BOEM published a Notice of Availability for the final Environmental Assessment and Finding of No Significant for commercial wind lease issuance and site assessment activities on the Atlantic outer continental shelf offshore New Jersey, Delaware, Maryland, and Virginia.

BOEM received eight nominations of interest in the lease area in response to the Call.  The eight companies responding with interest were:

• Apex Virginia Offshore Wind, LLC
• Arcadia Offshore Virginia, LLC
• Cirrus Wind Energy, Inc.
• Dominion Virginia Power
• enXco Development Corporation
• Fisherman’s Energy, LLC
• Iberdrola Renewables Inc.
• Orisol Energy US, Inc.

As with the recent auction for sites off Rhode Island and Massachusetts, some of these companies may not choose to participate in the auction.  While BOEM had found nine companies to be legally, technically, and financially qualified to participate in the New England auction, only three actually submitted bids.  For example, Fisherman's Energy and Iberdrola Renewables both qualified for the New England auction, but did not bid.

Assuming interest remains in the Virginia sites, the September auction is expected to yield a single winner.  That winning bidder will pay the amount specified in the final bid for the right to lease part or all of the Virginia wind energy area.  Development of an offshore wind project would then require a series of additional steps, ranging from financing to permitting to interconnection with the mainland grid.  Whether the auction actually leads to offshore wind development off Virginia will thus depend on a number of factors, but the September auction will represent an important step toward the development of the United States' offshore wind resources.

US holds first offshore wind site lease auction

Yesterday the U.S. Department of the Interior held its first competitive lease sale for renewable energy on the Outer Continental Shelf.  With a total bid of about $3.8 million, Deepwater Wind New England, LLC won the rights to lease two parcels covering 164,750 acres offshore Rhode Island and Massachusetts.  What do the auction results mean?

Consistent with President Obama's climate action plan, the Interior Department is promoting the use of federal lands for the production of renewable electricity.  Yesterday's auction represents the first competitive auction for leases for offshore wind sites in federal waters.  Following significant stakeholder process, the Interior Department identified and refined the parcels off Rhode Island and Massachusetts, and solicited interest in leasing sites.  In June, the Interior Department announced that nine companies were legally, technically, and financially qualified to participate in the auction.

The auction took place in two phases in late July.  First, a panel met to consider non-monetary factors, including whether any bidders held agreements that could make their project a more realistic success.  For example, bidders demonstrating a power purchase agreement or joint development agreement could score bonus points enabling them to compete against higher monetary bids.  Deepwater Wind's joint development agreement with the State of Rhode Island thus gave it an advantage in the second round held on July 31.  This round took a more traditional auction format, with bidders placing a series of increasing bids until only one bidder remained for each parcel.

Three bidders participated in the auction: Deepwater Wind New England, LLC, Sea Breeze Energy, LLC, and US Wind Inc.  After 4 rounds, Deepwater Wind had won the south parcel for $94,153, and only one other company remained in the competition for the north parcel.  By round 11, Deepwater Wind had won the north parcel with a bid of $3,744,135.

With the auction completed, Deepwater Wind has 10 days to execute the lease agreements.  Its first rent under the leases will be due in 45 days.  Lease fees for the sites will be charged at $3 per acre, and if Deepwater Wind develops an operating project, it will also pay an annual fee roughly equal to 2% of its wholesale energy market revenues.

Building on this first auction, the Department of the Interior plans to hold a second auction for sites off Virginia in September.  Eight bidders have been deemed qualified to participate in the Virginia auction.  How many bidders will actually participate in the auction?  How much competitive interest will arise?  For what price will the parcels' lease rights sell?  Will the leases - whether off Rhode Island and Massachusetts, or off Virginia - lead to operating offshore wind projects?  Time will tell how the 2013 offshore wind lease auctions affect U.S. energy development.

Study quantifies New England distributed generation, growth

Distributed generation – small-scale electric generation facilities installed at consumer sites – plays a growing role in the resource mix used to meet society’s needs. Typical distributed generation assets include solar photovoltaic panels and co-generation or combined heat and power units developed at homes and businesses. A study released yesterday found that distributed generation capacity in New England could roughly triple in the next decade – and that regional electric grid operator ISO New England Inc. needs to account for distributed generation in its planning.

As New England’s regional transmission organization, ISO New England plans for and coordinates the development of electric transmission infrastructure. In the past decade, New England ratepayers have spent approximately $5 billion on transmission additions and expansions. ISO New England’s 2012 Regional System Plan calls for the investment of another $6 billion in transmission projects in the coming years. As a result, regional transmission rates roughly tripled between 2006 and 2010, and continue to grow.

ISO New England’s plans are based on its forecasts of future system needs, including anticipated load growth and changes in the electric generation portfolio used to satisfy customer demand. But ISO New England may be underestimating the extent to which non-transmission alternatives like distributed generation can satisfy demand at a lower total cost than transmission line development. According to “Forecasting Distributed Generation Resources in New England: Distributed Generation Must Be Properly Accounted for in Regional System Planning”, prepared by Synapse Energy Economics Inc., ISO New England is significantly underestimating the current and potential distributed generation in New England, particularly with respect to solar photovoltaic resources.   According to Synapse, “This practice results in the ISO ignoring likely transmission and reliability benefits and overestimating electricity load—with ratepayers being asked to pay for larger, more expensive transmission upgrades than are needed.”

ISO New England predicts that about 800 MW of solar photovoltaic generation will be installed in New England by 2021, but excludes other types of distributed generation from its projection. But Synapse found that over 980 megawatts of distributed generation assets are already installed in the six New England states. By 2021, Synapse predicts that this could grow to over 2,855 MW based on existing policies and development trends.

Synapse Energy Economics, Inc., Forecasting Distributed Generation Resources in New England: Distributed Generation Must Be Properly Accounted for in Regional System Planning, at page 19.

State policies and the favorable economics of distributed generation projects are driving their adoption on a wider scale than in previous years.  For example, after exceeding its previous solar photovoltaic target, Massachusetts recently increased its target to 1,600 MW.  Renewable portfolio standards, net metering policies, and feed-in tariffs all contribute to the proliferation of distributed generation, as does a cost differential that makes natural gas-fired cogeneration more cost-effective than burning oil for heating and purchasing electricity in commercial and industrial applications.

Synapse’s report concludes, “It is essential that the ISO stop ignoring the impacts DG resources have on system planning—both their benefits and their challenges. This report provides a reasonable estimate of what the future holds for these resources and makes one thing very clear: assuming that these resources do not exist is unacceptable.”

Whether and how ISO New England and the states take distributed generation into account remains to be seen, but if the trends noted in the Synapse report play out to even a modest degree, non-transmission alternatives such as distributed generation may be able to limit further increases in regional transmission rates.