BOEM proposes Renewable Energy Modernization Rule for offshore wind

The U.S. Department of Interior's Bureau of Ocean Energy Management (BOEM) has announced a proposed rulemaking to amend its regulations governing offshore wind and other clean energy development on the U.S. Outer Continental Shelf (OCS). BOEM describes its proposed rule as "a major modernization of the regulations", reflecting lessons learned from the past 13 years. If finally adopted, BOEM projects that its Renewable Energy Modernization Rule would save the renewable energy industry $1 billion over 20 years, by reshaping the way the U.S. federal government leases sites on the OCS for offshore wind development.

The Energy Policy Act of 2005 authorized BOEM's predecessor, the Minerals Management Service (MMS), to issue leases, easements, and rights of way to allow for renewable energy development on the OCS. MMS first promulgated regulations governing renewable energy development on the OCS in 2009. In the ensuing years, the agency was restructured several times; since then, BOEM has conducted 11 auctions and issued 27 active commercial leases under its regulations implementing the OCS Lands Act.

According to BOEM, its accumulated experience and industry feedback have enabled the agency to identify "opportunities to modernize its regulations to facilitate the development of offshore wind energy resources to meet U.S. climate and renewable energy objectives." BOEM's proposed Renewable Energy Modernization Rule, issued on January 12, 2023, contains reforms including proposals for incremental funding of decommissioning accounts; more flexible geophysical and geotechnical survey submission requirements; streamlined approval of meteorological (met) buoys; revised project verification procedures; reform of BOEM’s renewable energy auction process; and greater clarity regarding safety requirements. 

In its notice of proposed rulemaking, BOEM asserts:

This proposed rule would facilitate the development of OCS renewable energy and would promote U.S. climate and renewable energy objectives in a safe and environmentally sound manner while providing a fair return to the U.S. taxpayer. These important goals would be accomplished by modernizing regulations, streamlining overly complex and burdensome processes, clarifying ambiguous provisions, enhancing compliance provisions, and correcting technical errors and inconsistencies. Through these changes, the Department aims to reduce administrative burdens for both developers and the Department’s staff, reduce developer costs and uncertainty, and introduce greater regulatory flexibility in a rapidly changing industry to foster the supply of OCS renewable energy to meet increasing demand, while maintaining environmental safeguards. 

These updates are necessary to ensure a durable and appropriate process is in place to advance renewable energy on the OCS.

BOEM's proposed rule contains eight major components, categorized under the following headings:

1. Eliminating unnecessary requirements for the deployment of met buoys.
2. Increasing survey flexibility.
3. Improving the project design and installation verification process.
4. Establishing a Public Renewable Energy Leasing Schedule.
5. Reforming BOEM's renewable energy auction regulations.
6. Tailoring financial assurance requirements and instruments.
7. Clarifying safety management system regulations.
8. Revising other provisions and making technical corrections.

Comments will be due 60 days after the notice's publication in the Federal Register.

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.

NJ approves offshore wind funding mechanism, rejects demonstration project

On December 18, the New Jersey Board of Public Utilities took two actions affecting offshore wind: approving the state’s Offshore Wind Renewable Energy Certificate (OREC) funding mechanism, but rejecting a petition by Nautilus Offshore Wind, LLC to install a 25 MW offshore wind demonstration project in state waters off the coast of Atlantic City. Meanwhile, developers have formed a new joint venture to develop offshore wind in federal waters farther offshore New Jersey.

New Jersey Governor Phil Murphy has set a goal of 3.5 gigawatts of offshore wind capacity by 2030, and in May 2018 he signed into law a renewable energy bill codifying that goal into statute. On September 17, 2018, the NJBPU opened the nation’s largest single-state solicitation to date, seeking 1,100 megawatts of offshore wind. Applications will be accepted through December 28, 2018. Winning projects will be compensated through the OREC mechanism approved this week, which requires electric companies to buy defined quantities of ORECs from offshore wind developers, much like a traditional renewable portfolio standard mechanism.

Also on December 18, the BPU rejected a 25 megawatt demonstration project proposed by Nautilus (under development by EDF Renewables and Fishermen’s Energy). The Nautilus project would feature three turbines in state waters about 2.8 miles offshore Atlantic City. But the BPU found the Nautilus project did not demonstrate the economic and environmental benefits required under the Offshore Wind Economic Development Act for the state to commit ratepayer funds. In particular, the BPU found that Nautilus didn’t provide sufficient information to substantiate claimed economic benefits, and further that Nautilus demanded a price that was too high given the unsubstantiated benefits.

But offshore wind development may soon occur farther offshore New Jersey. On December 19, 2018, EDF Renewables North America and Shell New Energies US LLC announced the formation of a 50/50 joint venture, Atlantic Shores Offshore Wind, LLC to co-develop offshore wind generation in federal waters offshore New Jersey. The site is about 8 miles offshore Atlantic City. At issue is the 183,353-acrea OCS-0499 lease area, the rights to which were initially auctioned by the federal Bureau of Ocean Energy Management in 2015. That auction was won by Toto Holding Group subsidiary US Wind Inc., with a winning bid of $1,006,240.

More recent federal auctions for offshore wind site leasing rights have brought much higher winning bids -- for example, a December 2018 auction for sites offshore Massachusetts brought in about $135 million for each of three lease areas, totaling over $405 million in winning bids for about 390,000 acres.

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.

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.

US Atlantic offshore wind leasing plan up for comment

U.S. ocean energy regulators have extended a deadline for public comment on a proposed path forward for offshore renewable energy leasing on the Atlantic Outer Continental Shelf. The Bureau of Ocean Energy Management's "Proposed Path Forward for Future Offshore Renewable Energy Leasing on the Atlantic Outer Continental Shelf" lists factors the agency proposes to consider in identifying areas for possible future offshore wind leasing.

BOEM is an agency of the Department of the Interior, charged with advancing the responsible development of offshore energy and marine mineral resources covering over 1.7 billion acres of the Outer Continental Shelf. As of May 2018, BOEM has held seven competitive lease sales, yielding over $68 million in high bids for almost 1.4 million acres in federal waters. BOEM now has 13 offshore wind energy leases, capable of supporting 17 gigawatts of generating capacity, covering every state from Massachusetts to North Carolina (Cape Cod to Cape Hatteras).

On April 6, 2018, BOEM published a Request for Feedback in the Federal Register, presenting the agency's "Proposed Path Forward for Future Offshore Renewable Energy Leasing on the Atlantic Outer Continental Shelf." In that notice, the agency said it is conducting a high-level assessment of all waters offshore the United States Atlantic Coast for potential future offshore wind lease locations, and proposes to rely on specific factors to help it assess which geographic areas along the Atlantic are the most likely to have highest potential for successful offshore wind development in the next three to five years.

BOEM said its intent in publishing the Notice was "to start a conversation surrounding its approach to future renewable energy leasing on the Atlantic OCS." Its proposed factors for identifying offshore wind forecast areas include exclusionary factors (which create "no-go" areas for offshore wind) and positive factors (increasing the likelihood that location would fall within a forecast area). Under BOEM's proposal, exclusionary factors would include areas prohibited by the Outer Continental Shelf Lands Act for leasing, Department of Defense conflict areas, and charted marine vessel traffic routes. Positive factors for an areas include that it has not previously been removed, is greater than 10 nautical miles from shore, is shallower than 60 meters in depth, is adjacent to states with offshore wind economic incentives or with an interest in identifying additional lease areas, or where industry has expressed interest.

Comments on BOEM's proposed path forward for offshore renewable energy leasing on the Atlantic were slated to be due on May 21, but on May 18, 2018, the Bureau of Ocean Energy Management announced that it would accept comments through July 5, 2018.

BOEM says this "Atlantic assessment is intended to inform future area identification processes, not replace them" -- so after reviewing comments it receives, BOEM will coordinate with its intergovernmental renewable energy task forces and conduct additional stakeholder outreach.

BOEM proposes Massachusetts offshore wind lease auction

U.S. ocean energy regulators have announced the proposed lease sale of two new areas offshore Massachusetts for commercial wind energy leasing, totaling about 390,000 acres.

On April 6, 2018, U.S. Secretary of the Interior Ryan Zinke announced that the Bureau of Ocean Energy Management would publish a Proposed Sale Notice for Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore Massachusetts on April 11, 2018.

Through that Proposed Sale Notice, BOEM described its plans to conduct Atlantic Wind Lease Sale 4A. That auction would offer two lease areas offshore Massachusetts for potential commercial wind energy development: Lease OCS-A 0502 consisting of 248,015 acres, and Lease OCS-A 0503 consisting of 140,554 acres. These lease areas were previously offered in 2015, but were not sold.

The Proposed Sale Notice solicits reaffirmations of continued interest from previously qualified prospective bidders -- including 11 entities that qualified to participate in the 2015 Massachusetts lease sale. It also solicits qualification packages from any prospective bidders that BOEM has not previously qualified for a Massachusetts lease sale. The proposal also comes with a 60-day public comment period.

Following the public comment period, if BOEM proceeds with the Massachusetts lease auction, the agency will eventually publish a Final Sale Notice announcing the time and date of the lease sale. 

To date, the Bureau of Ocean Energy Management has awarded 13 commercial offshore wind leases, including sites off every state from Massachusetts to North Carolina.

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.

US conditionally approves Arctic offshore oil exploration

The U.S. Bureau of Ocean Energy Management has conditionally approved an oil and gas company's plan to drill four exploration wells into the federal submerged lands of the Beaufort Sea in the U.S. Arctic.

On July 12, 2017, BOEM announced that it had conditionally approved a Beaufort Sea exploration plan (EP) it received from Eni US Operating Co. Inc.  The company is a subsidiary of Italian multinational oil and gas company Eni S.p.A.

Under federal law, BOEM regulates exploration and production activities on the Outer Continental Shelf.  It requires a developer to file and receive approval of an Exploration Plan or EP before most activities can begin.  An EP describes all exploration activities planned by the operator for a specific lease or leases, including the timing of these activities, information concerning drilling processes, the surface location of each planned well, and actions to be taken to meet important safety and environmental standards and to protect access to subsistence resources, but it does not allow actual production of oil -- for that, an operator is required to obtain BOEM approval of a Development and Production Plan (DPP).

Eni US had applied to BOEM for approval of a plan to drill four exploration wells from its existing Spy Island Drillsite, located in Alaska state waters.  The Nikaitchuq North Project's wells would run down from Spy Island, then extend below the ocean floor to federal leases on the Outer Continental Shelf.  Eni proposed exploratory drilling activities commencing in December 2017, and continuing into 2019.

BOEM deemed Eni US's exploration plan application to be submitted in June 2017, triggering a 30-day review period including a site-specific Environmental Assessment of the proposed exploration activities pursuant to the National Environmental Policy Act.  That NEPA process concluded with a Finding of No Significant Impact (FONSI), and on July 12 BOEM issued its conditional approval of the Exploration Plan.  Conditions include a requirement that Eni procure all other appropriate permits from state and federal agencies, as well as certain mitigation measures.

In a statement announcing the conditional approval, BOEM's acting director, Walter Cruickshank, described Eni's exploration plan as "a solid, well-considered plan,” and noted the existence of "vast oil and gas resources under the Beaufort Sea.”

Massachusetts offshore wind RFP

Massachusetts' investor-owned electric distribution companies have issued a joint Request for Proposals for offshore wind energy projects.  Through the RFP, the utilities seek proposals for 400 megawatts (or more) of qualifying offshore wind energy generation and associated transmission, with winning bidders earning 15- to 20-year long-term contracts to sell project power.   This Massachusetts offshore wind RFP is designed as the first step in a staggered procurement schedule for compliance with a 2016 state law requiring the utilities to contract for 1,600 MW of aggregate nameplate capacity of offshore renewable generation by June 30, 2027.

In 2016, the Massachusetts legislature enacted the Energy Diversity Act, adding a new Section 83C to the Green Communities Act.  Section 83C provides in relevant part, "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."

The pending RFP is the first joint solicitation under Section 83C.   Through the RFP, the distribution companies are seeking to procure a total of approximately 400 MW of Offshore Wind Energy Generation.  The RFP defines this term as:

offshore electric generating resources derived from wind that: (1) are Class I renewable energy generating sources, as defined in Section 11F of Chapter 25A of the General Laws; (2) have a commercial operations date on or after January 1, 2018, that has been verified by the Department of Energy Resources; and (3) operate in a designated wind energy area for which an initial federal lease was issued on a competitive basis after January 1, 2012.

Bids are due by noon EDT on December 20, 2017.  The RFP prescribes a three-stage review process, including an initial eligibility and threshold screening, subsequent qualitative and quantitative review, and finally "further evaluation of remaining proposals to ensure selection of viable projects that provide cost -effective, reliable Offshore Wind Energy Generation with limited risk."

Pursuant to the Department of Public Utilities order approving the solicitation process, projects will be selected for negotiation by April 23, 2018, with contracts submitted for Department approval no later than July 31, 2018.

US considers Arctic offshore oil exploration

U.S. regulators are evaluating an application by a company seeking to explore for oil in the Arctic.

On June 12, the federal Bureau of Ocean Energy Management or BOEM announced that it had deemed Eni US Operating Co.'s exploration plan (or EP) to be submitted, and invited public comment on the plan. The company is a subsidiary of the Italian gas and oil company Eni S.p.A.

Under federal law, an Exploration Plan describes all exploration activities planned by the operator for a specific lease or leases, including information on locations, timing, drilling processes, and actions to be taken to meet safety and environmental standards and to protect access to subsistence resources. 

According to its Exploration Plan for the Nikaitchuq North Project dated March 2017, Eni proposes to drill into submerged lands on the Outer Continental Shelf beneath the Beaufort Sea, from its existing Spy Island drillsite which is located in Alaska state-jurisdictional waters.  Eni has secured federal leases for the "Alaska – Harrison Bay Block 6423 Unit".

BOEM's decision to deem the Exploration Plan as submitted triggers various deadlines:

• BOEM has opened a 10-day public comment window to provide information on issues that should be examined in the application's Environmental Assessment.  This window closes at midnight Eastern Time on Thursday, June 22.
• BOEM opened a 21-day public comment window for comments on the Exploration Plan itself.  This window closes at midnight Eastern Time on Monday, July 3.
• BOEM has 30 days within which it must evaluate the Exploration Plan, including a site-specific Environmental Assessment under the National Environmental Policy Act. By the end of the 30-day period BOEM may approve the EP, require modifications to the EP, or disapprove the EP.

While the Obama administration placed an indefinite hold on further leasing in much of the Beaufort Sea and other U.S. Arctic waters in December 2016, the Trump administration has expressed interest in reversing this decision in favor of expanded U.S. Arctic oil exploration and production.  The Arctic Ocean is home to significant fossil fuel resources, but environmental and logistical concerns have recently proved challenging. 

NY offshore wind lease auction set

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

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

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

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

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

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

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

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

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

NY blueprint for offshore wind master plan

A New York state energy office has released its Blueprint for the New York State Offshore Wind Master Plan.

The New York State Energy Research and Development Authority, known as NYSERDA, promotes energy efficiency and the use of renewable energy sources.  It mission is to advance innovative energy solutions in ways that improve New York's economy and environment.

New York recently adopted a Clean Energy Standard, which will require that 50% of New York State’s electricity come from renewable resources by 2030.  NYSERDA has described offshore wind as playing "a critical role in turning this aggressive goal into a reality."  NYSERDA has been tasked with leading the state's development of a master plan for New York offshore wind development.

On September 15, 2016, NYSERDA released its Blueprint for the New York State Offshore Wind Master Plan.  The Blueprint presents NYSERDA’s vision of the process, steps, and timeline to develop the master plan.  While the Master Plan's release is scheduled for 2017, NYSERDA noted that releasing an initial Blueprint serves to outline New York State’s comprehensive offshore wind strategy and advance the State’s Reforming the Energy Vision (REV) strategy to build a cleaner, more resilient, and affordable energy system for all New Yorkers.

NYSERDA has also expressed interest in bidding in an auction to be held by the U.S. Bureau of Ocean Energy Management, for the right to lease offshore wind development sites in federal waters over the Outer Continental Shelf.  The 81,000-acre lease area is located south of Long Island, off the Rockaway Peninsula.  BOEM is expected to hold the lease sale later this year.

US releases new offshore wind strategy

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

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

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

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

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

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

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

Kitty Hawk NC offshore wind leasing

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

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

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

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

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

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

Vineyard Wind offshore project changes hands

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

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

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

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

BOEM advances California offshore wind leasing

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

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

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

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

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

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

Offshore wind in Massachusetts energy bill

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

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

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

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

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

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

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

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

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

NY offshore wind leasing advances

The U.S. Bureau of Ocean Energy Management is moving closer to leasing ocean sites offshore New York for commercial offshore wind development.

On June 2, 2016, the Department of the Interior and BOEM announced the proposed lease sale for 81,130 acres offshore New York for commercial wind energy leasing.  The area available for leasing includes a Wind Energy Area designated by BOEM earlier this year.  Roughly triangular, the WEA starts about 11 nautical miles offshore Long Beach, and runs about 26 nautical miles southeast.

Under BOEM's leasing procedures, the agency published a “Proposed Sale Notice (PSN) for Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore New York” in the Federal Register on June 6, 2016.  The PSN includes a 60-day public comment period ending on August 5, 2016.

Any companies wishing to participate in the lease sale must also submit a qualification package by that date, demonstrating legal, technical, and financial qualification to participate.  To date, seven companies have qualified to participate in a future auction for the New York Wind Energy Area.

As required by federal environmental law, BOEM also published an Environmental Assessment (EA) considering potential impacts associated with issuing a lease, associated surveys, and approving the installation of resource assessment facilities in the area.  The EA is available for public comment for 30 days.

BOEM has scheduled a public seminar Wednesday, June 29, 2016 in New York City to describe the auction format, explain the auction rules, and demonstrate the auction process through meaningful examples.  Other public meetings will focus on the agency's planning and leasing efforts regarding New York offshore wind energy activities, as well as the EA.

So far, BOEM has awarded 11 commercial offshore wind leases, generating approximately $16 million in winning bids for over 1,000,000 acres in federal waters.  Previous competitive lease sales have resulted in 9 leases: two offshore New Jersey, two in an area offshore Rhode Island-Massachusetts, another two offshore Massachusetts, two offshore Maryland and one offshore Virginia.

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.