US ocean energy regulators consider NY-NJ offshore transmission line

After receiving a request from a developer of offshore electricity transmission lines for a right-of-way in ocean waters offshore New York and New Jersey, U.S. ocean energy regulators have asked whether any other developers are interested in the same area.

On April 30, 2018, Anbaric Development Partners, LLC (ADP) applied to the federal Bureau of Ocean Energy Management (BOEM) for a right-of-way grant for a proposed project called the New York/New Jersey Ocean Grid. As envisioned by ADP, the project would include a submarine system approximately 185 nautical miles in length. It would also include up to 9 offshore collector platforms which would collect and distribute power generated from existing offshore wind leases, each capable of handling 800 to 1,200 megawatts of offshore wind energy, as well as up to 6 onshore landings at locations from Long Island, New York to Cardiff, New Jersey. On June 22, 2018, BOEM approved ADP's legal, technical, and financial qualifications to acquire and hold a Right of Way Grant on the Outer Continental Shelf.

Under BOEM's regulations, different procedures apply depending on whether the agency is following a competitive lease process or a noncompetitive lease award process. ADP's application was "unsolicited," meaning it was not submitted in response to a BOEM solicitation, Request for Interest, or Call for Information and Nominations. Under BOEM's case-by-case process for considering unsolicited requests, the agency will issue a public notice and solicit comments to determine whether competitive interest exists, before considering the application itself. If BOEM determines that competitive interest exists in the requested lease area, BOEM will proceed with its competitive process; otherwise, BOEM will publish a notice of Determination of No Competitive Interest, and may proceed to review the unsolicited lease request.

On June 17, 2019, BOEM announced that it would publish a Request for Competitive Interest for project; the Notice of Proposed Grant Area and Request for Competitive Interest was published in the Federal Register on June 19, 2019. Indications of interest in acquiring a right-of-way grant for the area ADP requested must be sent by mail, postmarked no later than July 19, 2019, to be considered. Comments or other information may be sent by mail, postmarked by the same date, or may be submitted through the Federal Rulemaking Portal at http://www.regulations.gov.

If BOEM receives indications of competitive interest from qualified entities, the bureau may decide to move forward with the right-of-way grant issuance process using competitive procedures. BOEM will continue to consult with the state task force and partners regarding the proposed transmission project.

As an increasing number of states and utilities are procuring offshore wind, functions that must be provided include collecting the power produced, transmitting it to shore, and integrating it into the onshore grid. Depending on their design and configuration, offshore transmission grids could play these roles, and could also help wheel power along the coastline from one region to another. Questions of cost recovery -- who pays for these systems -- will continue to arise, at the intersection between state policies calling for offshore wind and regional markets rooted in economics.

Feds reap $405 million offshore wind bidding bonanza

In what the Trump administration has called a "bidding bonanza", the latest federal auction of rights to lease ocean space for offshore wind development has brought $405 million in winning bids.

On December 14, 2018, the federal Bureau of Ocean Energy Management conducted its eighth competitive lease auction for renewable energy in federal waters. At stake were the rights to lease three areas totaling about 390,000 acres over the Outer Continental Shelf offshore Massachusetts.
The three lease areas in question are located 19.8 nautical miles from Martha’s Vineyard, 16.7 nautical miles from Nantucket, and 44.5 nautical miles from Block Island. These sites were previously offered for leasing through a federal auction in 2015, but went unsold at that time.

Eleven companies participated in the auction by submitting bids, out of a total of nineteen companies that had been deemed qualified to bid. The three provisional winners were Equinor Wind US, LLC  and Mayflower Wind Energy, LLC (each bidding $135 million) and Vineyard Wind, LLC (bidding $135.1 million). These amounts are significantly higher than any previous federal auction for offshore wind sites has yielded; the previous record winning bid was just over $42 million in December 2016 for a lease area offshore New York.

After the Department of Justice and Federal Trade Commission perform an anti-competitiveness review of the auction results, each winning bidder will be required to pay the winning bid amount to the Bureau and to post financial assurance. In exchange, each winning bidder will receive a lease with a preliminary term of one year, during which the lessee may submit a Site Assessment Plan (SAP) to BOEM for approval. Under the regulations governing the federal leasing process, the SAP describes the buoys or other facilities a lessee plans to deploy to assess the lease area's wind resources and ocean conditions. After BOEM approves a lessee's SAP, the lessee may submit a detailed Construction and Operations Plan (COP) to BOEM within four and a half years for approval. When presented with a COP, BOEM will conduct an environmental review. Finally, after BOEM approves any COP, the lessee will have a 33-year term to construct and operate the project.

ISO-NE files info on 2022-2023 capacity market auction

This week the operator of New England's wholesale electricity markets made a series of filings with its federal regulator providing information on its upcoming thirteenth forward capacity auction, through which electric generators may commit to providing electric capacity during the period from June 1, 2022 through May 31, 2023.

ISO New England Inc. is the independent system operator and wholesale market-maker for most of New England's electricity grid. It is a private, not-for-profit entity, which operates pursuant to a tariff on file with the Federal Energy Regulatory Commission. As part of its planning for system operations, ISO-NE operates a forward capacity market through which it conducts annual auctions through which qualified generators and other resources may bid to obtain commitments to provide capacity in a future year, in exchange for which resources will be compensated. The next primary auction for capacity supply obligations will be Forward Capacity Auction 13 (or FCA 13), which will be held beginning on February 4, 2019, and will cover the 2022-2023 capacity commitment period.

In advance of each primary auction, ISO-NE calculates an "Installed Capacity Requirement," which it defines as a measure of the installed resources that are projected to be necessary to meet reliability standards in light of total forecasted load requirements for the New England Control Area and to maintain sufficient reserve capacity to meet reliability standards. In computing the Installed Capacity Requirement, the grid operator considers parameters and assumptions including load forecast, resource capacity ratings, and resource availability. It also considers what relief can be obtained during a capacity deficiency through measures including emergency assistance (tie benefits) from neighboring interconnected regions (New Brunswick, New York, and Quebec), load reduction by reducing system voltage by 5%, and running the system at a minimal level of operating reserve.
 
In its November 6 Installed Capacity Requirement filing, the grid operator told the Commission that it proposed a installed capacity requirement for FCA 13 of 33,750 megawatts, after taking into account 969 megawatts of credits over interconnection with Canadian utility Hydro-Quebec.

In a parallel Informational Filing for qualification in FCA 13, the grid operator noted that 31,432 megawatts of existing generating capacity resources qualified for the 2022-2023 capacity commitment period, as did 80 megawatts of existing import capacity resources, and 3,413 megawatts of existing demand capacity resources, totaling 34,925 megawatts of existing capacity. Some resources submitted bids to retire, and 3,223 megawatts of resources submitted bids to withdraw in part or in whole from the auction if it clears below a defined price. Additionally, ISO-NE qualified 238 new capacity resources, totaling 8,716 megawatts.

ISO-NE will conduct its thirteenth forward capacity auction starting on February 4, 2019.

Federal auction set for Massachusetts offshore wind leases

The federal agency responsible for managing ocean energy development on the Outer Continental Shelf has scheduled an auction for about 390,000 acres offshore Massachusetts, to be held on December 13, 2018.

Under federal law, the U.S. Bureau of Ocean Energy Management is responsible for conducting auctions to lease parcels of federal waters for offshore wind energy development.

On October 17, Secretary of the Interior Ryan Zinke announced that BOEM will hold its next offshore wind auction in December. According to the Final Sale Notice published in the Federal Register on October 19, the agency will hold its Atlantic Wind Lease Sale 4A, covering 388,569 acres offshore Massachusetts. The sale will cover three separate leases, located within an area previously offered but unsold in 2015.

BOEM map of the proposed lease areas available through the December 2018 auction.

Nineteen companies have qualified to participate as bidders in the lease sale:

• Avangrid Renewables, LLC
• Camellia Wind Energy LLC
• CI III Blue Cloud Wind Energy II LLC
• Cobra Industrial Services, Inc.
• Deepwater Wind New England, LLC
• East Wind LLC
• EC&R Development, LLC
• EDF Renewables Development, Inc.
• EDPR Offshore North America LLC
• Enbridge Holdings (Green Energy) L.L.C.
• Innogy US Renewable Projects LLC
• Mayflower Wind Energy LLC 
• Northeast Wind Energy LLC 
• Northland Power America Inc .
• PNE WIND USA, Inc.
• Equinor Wind US LLC
• Vineyard Wind LLC
• Wind Future LLC
• wpd offshore Alpha LLC

According to BOEM, if fully developed, the areas available for leasing could support about 4.1 gigawatts of commercial wind generation.

FERC to hold session on state policies, wholesale markets

U.S. energy regulators have scheduled a two-day technical conference to consider how state energy policies affect wholesale electricity markets.

In a March 3 notice of technical conference, the Federal Energy Regulatory Commission gave public notice that it will hold a technical conference on May 1 and 2, 2017.  The notice describes tensions between competitive wholesale energy and capacity markets and state policies.  On the one hand, the Commission noted, "Competitive wholesale energy and capacity markets bring value to customers by efficiently pricing energy and capacity , taking into account the operational needs and the dynamics of the transmission system , and providing transparent signals for investment and retirement of resources."  Generally speaking, these wholesale competitive markets currently select resources based on principles of operational and economic efficiency without specific regard to resource type

But on the other hand, the Commission notes recent increases in "interest by state policy makers to pursue policies that prioritize certain resources or resource attributes" (such as renewable resources, or in-state resources).  That has led to what the Commission calls an "open question": "how the competitive wholesale markets, particularly in states or regions that restructured their retail electricity service, can select resources of interest to state policy makers while preserving the benefits of regional markets and economic resource selection." These topics have come up in discussions relating to several eastern regional transmission organizations and independent system operators, such as the IMAPP process in New England, and similar efforts in PJM and NYISO to consider the integration of public policy into markets.

To foster further FERC-level discussion about the development of regional solutions that "reconcile the competitive market framework with the increasing interest by states to support particular resources or resource attributes," the Commission has scheduled the May 1-2 technical conference. The notice specifically references a range in potential long-term expectations regarding the relative roles of wholesale markets and state policies in shaping the resource mix -- ranging from no state role on the one end, to state authority over resource selection that must be accounted for in wholesale market design -- and a variety of potential solutions in between.

Anyone who wishes to participate in the conference may submit a nomination form to FERC online by 5:00 p.m. on March 17, 2017. 

NY considers ESCO reforms

New York utility regulators have launched consideration of reforms to how retail electricity suppliers called energy service companies or ESCOs operate in that state.  A December 2, 2016 notice issued by the New York Department of Public Service describes a history of "substantial overcharges and deceptive practices by the ESCO industry harming New York consumers," and establishes a process to "push ahead with reforms to ensure that ESCOs provide useful, value-added, economical services to New York consumers."  New York's ESCO reform process will play out in conjunction with other state initiatives, such as the Reforming the Energy Vision program.

As described in the Notice of Evidentiary and Collaborative Tracks and Deadline for Initial Testimony and Exhibits, the New York Public Service Commission initially opened up the energy services market to retail competition "to spur innovation in the creation of value-added products, particularly energy efficiency services that regulated rates may not provide, and to create commodity price competition that would result in efficiencies."  The notice summarizes the regulatory philosophies driving the historic decision to separate monopoly services (transmission and distribution) from competitive services (energy commodity), and the expectation that robust competitive markets would yield societal benefits.

But based on its "considerable experience with the offering of retail service to mass market customers by ESCOs," in 2014 the Commission determined "that the retail markets serving mass-market customers are not providing sufficient competition or innovation to properly serve consumers."  In the Commission's view, its subsequent efforts to realign the retail market have not succeeded: "customer abuses and overcharging persist, and there has been little innovation, particularly in the provision of energy efficiency and energy management services.  Commodity price differentiation has not worked, and the market for differentiated services is immature or non-existent."

For these reasons, on December 2, 2016, the Commission gave public notice that it "continues to examine measures that must be taken to ensure that these customers receive valuable services and pay just and reasonable rates for commodity and other services."  Among the measures identified for consideration by the Commission are:

• whether ESCOs should be completely prohibited from serving their current products to mass-market customers;
• whether the regulatory regime, rules and Uniform  Business Practices (UBP) applicable to ESCOs need to be modified to implement such a prohibition, to provide sufficient additional guidance as to acceptable rates and practices of ESCOs, or to create enforcement mechanisms to deter customer abuses and overcharging, including whether the Commission decision not to subject ESCOs to Article 4 of the Public Service Law should be revisited; and
• whether new ESCO rules and products can be developed that would provide sufficient real value to mass-market customers such that new products could be provided to them by ESCOs in the future in a manner that would ensure just and reasonable rates.

To pursue these efforts, the Commission established two procedural tracks.  An evidentiary track will consider the first two bullets listed above, while a "collaborative" track will focus on the third bullet. 

The Commission has previously described ESCO reforms as supportive of New York's Reforming the Energy Vision initiative, a comprehensive revisioning of the state's electricity sector.  In a February 2016 order, the Commission noted, "Development of markets in which vendors offer innovative services of value to consumers, and in which consumers can participate with confidence, is critically important to the success of the Reforming the Energy Vision (REV) initiative. Retail energy markets focused on commodity-only products, and in which ESCOs do not meet expectations of many customers, will thwart these objectives."

Initial pre-filed testimony and exhibits for the Track I evidentiary case on ESCO reforms are due on or before April 7, 2017.

BLM rule for renewable energy leasing of federal lands

The federal Bureau of Land Management has issued a final rule establishing a competitive process for leasing federal lands for renewable energy development.  The Obama administration describes the rule as strengthening the agency's existing "Smart from the Start" leasing program, consistent with the president's Climate Action Plan.  But following the 2016 election, the future Trump administration could change the agency's course.

Part of the Department of the Interior, the BLM manages federal lands across the U.S.  While BLM lands have been used for mining for years, under the Obama administration BLM took steps to open up federal lands for leasing for renewable energy projects.  Under federal laws including the Federal Land Policy and Management Act (FLPMA) and the Mineral Leasing Act (MLA), BLM is authorized to issue what it calls "grants" -- easements, leases, licenses, and permits to occupy, use or traverse public lands for particular purposes -- for facilities for the generation, transmission, and distribution of electric energy, and oil and gas pipelines.

On November 10, BLM released its final rule, "Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and WindEnergy Development and Technical Changes and Corrections for 43 CFR Parts 2800and 2880.”  It amends BLM's regulations governing rights-of-way issued under two federal laws.  BLM described the amendments as necessary to "facilitate responsible solar and wind energy development on BLM-managed public lands and to ensure that the American taxpayer receives fair market value for such development."

The final rule includes provisions to promote the use of preferred areas for solar and wind energy development.  These areas, called “designated leasing areas” (DLAs), are defined parcels of land with specific boundaries identified by the BLM land use planning process as being a preferred location for solar or wind energy that can be leased competitively for energy development.

The rule expands BLM's existing regulations, allowing BLM to offer lands competitively on its own initiative, both inside and outside DLAs, even in the absence of identified competition. Within DLAs, the rule will require competitive leasing procedures except in certain circumstances, when applications could be consider ed outside the competitive process. Outside DLAs, the BLM will have discretion whether to utilize competitive leasing procedures.

The final rule also updates payments charged by BLM, to ensure that it obtains fair market value for the use of public lands.  Updated fee structures include both an acreage rent and a megawatt-capacity fee.

Given the November 8 election results, it is unclear whether the Trump administration will continue in this direction.  While campaigning, President-elect Trump emphasized leasing more federal land for fossil fuel production.  The BLM renewable energy rule's future is thus in question.

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.

FERC declares QF rights

Federal energy regulators have issued an advisory opinion regarding the rights of Qualifying Facility electric generators to sell power to their local utility under the Public Utility Regulatory Policies Act (PURPA).  The Federal Energy Regulatory Commission's declaratory ruling illustrates how the Commission interprets PURPA and QF rights, in the context of state renewable energy portfolio standards and

PURPA was enacted by Congress in 1978 to promote goals including energy conservation and greater production of domestic and renewable energy.  It established a new class of generating facilities called QFs, to receive special rate and regulatory treatment. A chief benefit of QF status is the
right to sell energy and capacity to a utility, usually at either at the utility's avoided cost or at a negotiated rate.  By regulation, QFs generally have the option to sell energy either "as-available," or as part of a long-term contract or other legally enforceable obligation for delivery of energy or capacity over a specified term.

The Federal Energy Regulatory Commission oversees this program, although state energy commissions play important roles.  Section 210 (H)(2)(A) and (B) of PURPA give the Commission discretionary power to enforce its PURPA rules, including the power to require state commissions and non-regulated utilities to comply.  But the Commission may also decline to initiate an enforcement action, on a case by case basis.

Earlier this year, a group of QFs filed a complaint to the Commission against the Connecticut Public Utilities Regulatory Authority.  Windham Solar LLC and Allco Finance Limited alleged that Connecticut law and PURA’s regulations violate the Commission's PURPA regulations regarding an electric utility’s mandatory purchase obligation and a QF’s ability to sell pursuant to a legally enforceable obligation. Complainants effectively alleged that they couldn’t get a long-term contract to sell energy and capacity at avoided cost rates on a forecasted basis, unless the energy and capacity were bundled with renewable energy certificates (RECs), or unless the energy and capacity were provided under a short-term contract not to exceed one year.

Some of those basic facts were contested by PURA and others, and the Commission noted a history of dispute and litigation among the complainants and Connecticut energy regulators. So the Commission declined to initiate an enforcement action on the complaint.

But the Commission did issue a declaratory ruling, reciting case law and interpretation on two points: the relationship between state RECs and PURPA, and QF opportunities to secure long-term contracts.  The Commission noted that RECs exist under state law and not PURPA, but that avoided cost contracts do not automatically include RECs.  It also noted that winning a competitive solicitation cannot be the only way a QF may be allowed to obtain long-term avoided cost rates.

The original comes with robust citations to precedent, omitted for convenience below:

4. The Commission has previously addressed issues regarding the relationship between state-created RECs and PURPA. The Commission has stated that the states have the authority to determine who owns RECs in the initial instance and how they are transferred, and has explained that the automatic transfer of RECs within a sale of power at wholesale must find its authority in state law, not PURPA. The Commission has also held, however, that a state regulatory authority may not assign ownership of RECs to utilities based on a logic that the avoided cost rates in PURPA contracts already compensate QFs for RECs in addition to compensating QFs for energy and capacity, because the avoided cost rates are, in fact, compensation just for energy and capacity. Moreover, while the Commission has made clear that states have the authority to regulate RECs, states cannot impede a QF’s ability to sell its output to an electric utility pursuant to PURPA. Thus, regardless of whether a QF has previously sold its RECs under a separate contract, that QF has the right to sell its output pursuant to a legally enforceable obligation.

5. The Commission has also held that “requiring a QF to win a competitive solicitation as a condition to obtaining a long-term contract imposes an unreasonable obstacle to obtaining a legally enforceable obligation.” The Commission likewise has determined a state regulation to be inconsistent with PURPA and the Commission’s PURPA regulations “to the extent that it offers the competitive solicitation process as the only means by which a QF . . . can obtain long-term avoided cost rates.” Accordingly, regardless of whether a QF has participated in a request for proposal, that QF has the right to obtain a legally enforceable obligation. 

As noted in the declaratory ruling, the Commission's "decision not to initiate an enforcement action means that Petitioners may themselves bring an enforcement action against the Connecticut Authority in the appropriate court."

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.

ISONE External Market Monitor report 2015

A report by the New England electricity market's external monitor has found that "the markets performed competitively in 2015."

ISO New England operates wholesale electricity markets covering most of New England.  It employs two independent market monitors -- one internal to ISO-NE, one a hired external consultant -- to regularly review, analyze, and report on market results, and offer recommendations on market improvements.

Potomac Economics serves as the External Market Monitor for ISO-NE. In this role, it is charged with evaluating the competitive performance, design, and operation of the wholesale electricity markets operated by ISO-NE.  Last month, the external market monitor released its "2015 Assessment of the ISO New England Electricity Markets" (102-page PDF), presenting its perspective on the New England electricity markets.

Among other findings, the report notes that energy market trends "have been dominated by reductions in fuel prices over the last two years.  In particular, from 2014 to 2015:

• Natural gas prices declined more than 40 percent, falling to multi -year lows in mid -2015 largely because of higher shale production from the Marcellus and Utica regions; and

• Fuel oil prices fell by more than 35 percent because of increased global supply, and world liquefied natural gas (LNG) prices have fallen similarly. These reductions helped limit the increase in natural gas prices during tight gas supply conditions in the winter. 

The report notes that as a result, energy prices dropped 35 percent over the same time.  According to the external market monitor, "The strong relationship between energy and natural gas prices indicated by these results is expected in a well-functioning, competitive market. Natural gas-fired resources were the marginal source of supply in most intervals in 2015 and competition compels suppliers submit offers consistent with their marginal costs, most of which are resources’ fuel costs."

ISO New England's internal market monitor released its 2015 Annual Markets Report earlier this year.  That report similarly found that overall, "the ISO New England capacity, energy, and ancillary service markets performed well in 2015."

Maine biomass resource RFP issued

The Maine Public Utilities Commission has issued an order approving a Request for Proposals for biomass energy resources.  At stake are two-year contracts through which biomass resources may sell energy and related products to Maine transmission and distribution utilities.

Earlier this year, the Maine legislature enacted An Act to Establish a Process for the Procurement of Biomass Resources.  Originally proposed as LD 1676 and enacted as Public Law 2015, Chapter 483, that law requires the Public Utilities Commission to initiate a competitive solicitation for 2-year contracts for up to 80 megawatts of biomass resources. 

By order dated June 17, 2016, the Commission approved a Request for Proposals pursuant to its authority under the Act.  The RFP document -- formally styled a Request for Proposals for the Sale of Energy from Biomass Resources -- was released at the same time. It asks for proposals from Biomass Resources for the sale of energy under one or more two-year contracts; bidders may also offer to sell capacity and/or renewable energy attributes as part of the contract.

The RFP defines a Biomass Resource as "a source of electrical generation fueled by wood, wood waste or landfill gas that produces energy delivered to the ISO-NE or NMISA region."  Additional requirements and criteria apply, including minimum capacity factor thresholds and preferences for creating in-state benefits.  It is possible that no contracts will be awarded, or that there won't be money to pay under those contracts.  If the Commission concludes that this solicitation is not competitive, based either on the solicitation process or the resulting bids, no bidders may be selected.  By law, payments are also contingent on the availability of funding for any above-market portion of the contracts, from a Cost Recovery Fund established by the Act.

Contract proposals are due on or before July 29, 2016. According to the Commission's materials, the RFP and all related documents and information will be available on the Commission's RFP website.

Maine biomass procurement competitive standards

As the Maine Public Utilities Commission prepares for its upcoming procurement of biomass power resources, the Commission has requested public comment on the standards and criteria to be used in evaluating whether the solicitation is "not competitive."

This spring, the Maine State Legislature enacted An Act To Establish a Process for the Procurement of Biomass Resources.  The law directs the Maine Public Utilities Commission to initiate a competitive solicitation as soon as practicable, seeking proposals for 2-year contracts for up to 80 megawatts of biomass resources.  

But largely due to fairness and cost-containment concerns, the legislature created a "safety valve" in case the solicitation turns out to be "not competitive."  The Act specifies that “If the commission concludes that the solicitation ... is not competitive, no bidders may be selected and the commission is not obligated to enter into a contract.”

On May 17, 2016, the Commission issued a request for comment in its Procurement of Biomass Resources docket.  That request describes the Commission's plans to initiate the procurement process "in the near future" through the issuance of a request for proposals or RFP.  But before issuing the RFP, the Commission has requested comment on the standards and criteria to be used to determine whether the solicitation is “not competitive” pursuant to the Act.

Comments are requested by May 30, 2016.

Maine Green Power offer provider selected

Maine energy regulators have chosen a manager for the Maine Green Power program.  In an April 4, 2016 order, the Maine Public Utilities Commission selected 3Degrees Group, Inc. to manage the program.  3Degrees has operated the program since its 2013 launch, and now has the Commission's approval to run the program for another five-year term, with some changes to pricing, renewable energy certificate procurement, and risk mitigation procedures.

Maine's green power offer was established by a 2009 Maine law requiring the Commission to arrange for a green power offer -- a fully renewable competitive electricity supply option -- and to ensure its availability to residential and small commercial electricity customers.  Following a 2010 RFP, the Commission selected 3Degrees, Inc. to provide the first round green power offer.  Its program, named Maine Green Power, was officially launched in April 2013.  It featured blocks of 500 kilowatt-hours per month of renewable energy.  Its existing term of service expired on March 31, 2016.

Legislation enacted in 2015 extended the green power program's sunset date to April 1, 2021. On November 12, 2015, the Commission solicited proposals from providers to manage the program for a five-year term beginning on April 1, 2016.  According to the April 4, 2016 order selecting 3Degrees, the Commission evaluated proposals "based on cost considerations, non-cost aspects such as supplier experience, customer sign-up ease, and the potential use of renewable energy credits (RECs) from community-based renewable energy projects."

The Commission found "that the proposal submitted by 3Degrees, Inc. best suits the needs of the green power program."  According to the order, that proposal maintained the 500 kWh block structure, with a 19% increase in pricing.  3Degrees also proposed separate commercial pricing that includes a reduction in the per kWh price for higher usage.

The Commission also approved changes to the program's REC procurement and risk mitigation processes "in light of the five-year contract and the potential volatility in REC prices in future years":

Because of significant concerns about the price of Maine RECs in the next five years, particularly Maine Class I RECs, 3Degrees has proposed that it shall be required to use no less than $5.50 per REC of revenues paid by program participants for REC procurement purposes, as calculated as an average over the most recent three year period. At the proposed pricing for a residential customer of $8.95 for a 500 kWh block of green power, a customer would pay $17.90 for one REC. The 3Degrees proposal would require that no less than $5.50, or approximately 30%, of the funds paid by customers be spent directly on procuring RECs for the program.

The order also approved a risk mitigation mechanism.  If the procurement cost of Maine-based RECs exceeds $6.50 per REC on average (including Class I and Class II), 3Degrees could procure RECs from resources elsewhere in New England, or even from outside New England with Commission approval.  But because the program is promoted as Maine-based, the Commission directed 3Degrees to develop appropriate consumer education materials to explain the potential that, under certain circumstances, RECs may be sourced from outside of Maine or even the New England market.

California floating offshore wind project proposed

The U.S. Bureau of Ocean Energy Management is moving toward the prospect of leasing sites for commercial wind energy development in federal waters offshore California.  According to a March 21 release by BOEM, a January 2016 request by Trident Winds, LLC for a lease will now trigger further steps in BOEM's leasing process.

Trident Winds filed its unsolicited lease request on January 14, 2016.  That request proposed a project to be located about 33 nautical miles northwest of Morro Bay.  The lease area proposed covers almost 68,000 acres in water depths of 2,600‐3,300 feet.  The project would generate up to 800 megawatts of power using about 100 floating foundations, each supporting a turbine that could produce up to 8 MW.  The project could be expanded to generate 1,000 megawatts at a later date, if additional transmission capacity and market off-take can be obtained.

On March 21, 2016, BOEM confirmed that Trident Winds is legally, technically, and financially qualified to hold an offshore wind energy lease in federal waters.

Under the agency's leasing process, its next step will be to publish a notice in the Federal Register to determine if there is competitive interest in the area requested. That Notice will also solicit comments and information on site conditions, commercial, military or other uses of the area and potential impacts of the proposed Trident Winds project.  BOEM expects to issue that Notice this summer.

Based on the information and expressions of interest received during the comment period on the Notice, BOEM will determine whether there is competitive interest in the area. If BOEM determines there is competitive interest, it will initiate its competitive leasing process. If no expressions of interest are received, BOEM will proceed with its noncompetitive leasing process.

So far, BOEM has awarded eleven commercial wind energy leases in federal waters off the Atlantic coast, nine of which were issued as a result of competitive lease sales.

NY offshore wind zone announced

U.S. ocean energy regulators are advancing plans to lease sites off New York for potential commercial wind energy development.  The federal Bureau of Ocean Energy Management's designation of a Wind Energy Area could ultimately lead to the development of one or more offshore wind energy projects off Long Island.

While the U.S. still is not home to any operating commercial offshore wind projects, BOEM has issued 11 commercial wind energy leases off the Atlantic coast.  Leases awarded include two offshore New Jersey, two offshore Rhode Island-Massachusetts, another three offshore Massachusetts, one offshore Delaware, two offshore Maryland and one offshore Virginia.

In 2011, the New York Power Authority (NYPA) applied to BOEM for a commercial wind lease.  At that time, the public power authority proposed installing up to 194 wind turbines, each generating 3.6 megawatts, for a total project capacity of nearly 700 megawatts.

In January 2013, BOEM issued a Request for Interest to assess whether any other entities were parties interested in developing commercial wind facilities in the same area.  BOEM's review of the nominations of interest it received in response, including indications of interest from Fishermen’s Energy, LLC and Energy Management, Inc., led the agency to determine that there was competitive interest in the area.  As a result, BOEM initiated its competitive leasing process.

In 2014, BOEM published in the Federal Register a Call for Information and Nominations and a Notice of Intent to Prepare an Environmental Assessment, and has held stakeholder meetings.

The process took a step forward on March 16, 2016, when BOEM announced that it had completed the Area Identification process to delineate a Wind Energy Area (WEA) offshore New York. The wedge-shaped area covers approximately 127 square miles (81,130 acres, or 32,832 hectares), beginning about 11 nautical miles south of Long Beach, and extending about 26 nautical miles southeast along its longest portion.

Next steps in the offshore wind leasing process might include BOEM's publication of a Proposed Sale Notice for public comment, along with environmental assessment (EA) and agency consultations, followed by publication of a Final Sale Notice that announces the date, time, and specific conditions of the auction.  According to BOEM, its environmental review is expected to be completed later this year.

FERC to examine competitive transmission incentives

The Federal Energy Regulatory Commission has scheduled a Commissioner-led technical conference for this summer to discuss issues related to competitive transmission development processes.  At issue will be the use of cost containment provisions, the relationship of competitive transmission development to transmission incentives, and other ratemaking issues.

As part of the Energy Policy Act of 2005, Congress added section 219 to the Federal Power Act.  Section 219 directs the Commission to establish, by rule, incentive-based rate treatments to promote capital investment in certain transmission infrastructure.  The Commission's Order No. 679 sets forth processes by which a public utility may seek transmission rate incentives pursuant to section 219.  To qualify, an applicant must show that "the facilities for which it seeks incentives either ensure reliability or reduce the cost of delivered power by reducing transmission congestion" and also demonstrate a nexus between the incentives being sought and the investment being made.  Order No. 679-A clarified that this nexus test is satisfied when an applicant demonstrates that the total package of incentives requested is tailored to address the demonstrable risks or challenges faced by the applicant.

But a case decided earlier this year has led the Commission to reevaluate broader policy considerations relating to the role of cost containment proposals in competitive transmission development.   In a January 8, 2016 order, NextEra Energy Transmission West, LLC, 154 FERC ¶ 61,009, the Commission partially rejected a request by a public utility transmission owner for certain transmission rate incentives pursuant to section 219 and Order No. 679.  That case involved proposed transmission development under the California Independent System Operator Corporation (CAISO)'s competitive transmission developer selection process adopted to comply with Order No. 1000.

Most controversial in the "NEET West" case was a conditional adder to the utility's return on equity that would be triggered if the return on equity fell below the 10 percent that was the foundation for the utility's competitive bids for transmission project development.  On the specific facts and circumstances of that case, the Commission found that the utility had not provided adequate support for the "conditional ROE incentive" and therefore denied it.

But in ruling on the NEET West case, the Commission noted that "this case highlights broader policy considerations related to the potential benefits of cost containment proposals in the context of competitive transmission development." In the NEET West order, the Commission signaled its intent to convene a technical conference in the future to explore further such issues, including how they relate to a 2012 Policy Statement issued by the Commission providing additional guidance regarding its evaluation of applications for transmission rate incentives under section 219 of the Federal Power Act and Order No. 679.

The first specific issue identified in the NEET West order involves the relationship between an expectation stated in the Policy Statement and risks associated with cost containment proposals. The Policy Statement requires an applicant seeking an incentive ROE to demonstrate that the proposed project faces risks and challenges that are not either already accounted for in the applicant’s base ROE or addressed through risk-reducing incentives.  The Commission expressed interest in exploring more broadly "why cost containment-related risks would not be accounted for in a base ROE level below 10 percent and yet would be accounted for in a base ROE of 10 percent" as NEET West argued.

The second specific issue involves "whether and how risks voluntarily assumed through submittal of a cost containment proposal relate to the second expectation set forth in the Policy Statement." The Commission expects an applicant seeking an ROE incentive based on a project’s risks and challenges to demonstrate that it is taking appropriate steps and using appropriate mechanisms to minimize its risks during project development.  But it noted that NEET West "voluntarily submitted cost caps to make its bids to CAISO more attractive, which exposes NEET West’s shareholders to risks they would not have faced absent the cost caps."  The Commission expressed intent to explore "whether and how voluntarily assuming this type of risk is consistent with minimization of risk envisioned by the Policy Statement."

On March 17, the Commission denied a request by ITC Grid Development for a declaratory order on whether cost-capped bids that won a competitive transmission project selection process should automatically be considered just and reasonable.  But that same day, the Commission issued a Notice of Technical Conference in Docket No. AD16-18-000.  In a footnote, the notice states that topics to be discussed include, but are not limited to, those that the Commission described in its NEET West order.

The technical conference to explore these and related issues has now been scheduled for June 27 and 28, 2016, at the Commission ’s headquarters at 888 First Street, NE, Washington, DC 20426.

Auction set for NJ offshore wind sites

The U.S. government has scheduled an auction for the rights to lease two areas of federal ocean space off New Jersey for offshore wind energy development.  The auction, to be held November 9, 2015, will be the fifth competitive lease sale for renewable energy on the outer continental shelf.

Under the Outer Continental Shelf Lands Act, the Department of the Interior has responsibility for managing use and development of the federally controlled outer continental shelf and the waters above it.  The Bureau of Ocean Energy Management exercises key functions in support of this role, managing resource evaluation, planning, and site leasing for energy activities ranging from oil and natural gas exploration and production to hydrokinetic, offshore wind, and other renewable ocean energy projects.

Since early in the Obama administration, BOEM has worked to offer leases to federal ocean sites for offshore wind development or related activities.  To date, BOEM has awarded seven offshore wind site leases through competitive lease sales, plus two more commercial wind leases offshore New Jersey awarded through earlier interim policies.  BOEM's competitive processes have generated over $14.5 million in high bids for over 700,000 acres in federal waters off states including Massachusetts, Maryland, Virginia, and Rhode Island.

Since at least 2009, BOEM has been involved in efforts to lease sites off New Jersey for offshore wind development, including multiple task force meetings, a 2011 Call for Information and Nominations – Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore New Jersey, and a 2014 Proposed Sale Notice.  That notice described a 343,833-acre Wind Energy Area split in two parts, known for leasing as OCS-A 0498 and OCS-A 0499:

BOEM has now announced that it will publish a Final Sale Notice setting a commercial lease sale for November 9, 2015, for the Wind Energy Area offshore New Jersey.  Similar in format to other recent BOEM offshore wind site auctions, the New Jersey sale will include consideration of both monetary factors (the bid) and nonmonetary factors (i.e., whether a bidder has obtained a Power Purchase Agreement or New Jersey Offshore Renewable Energy Certificate award).

No offshore wind projects are in commercial operation in the U.S., although Deepwater Wind is currently constructing its Block Island Wind Farm in state waters offshore Rhode Island.

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.  

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.