NPS updates oil and gas rights rules

The U.S. National Park Service has adopted a final rule updating its regulations governing the exercise of non-federal oil and gas rights. The NPS states that the rule improves its ability to protect park resources, values, and visitors from potential impacts associated with nonfederal oil and gas operations located within National Park Service units outside Alaska.

At issue are non-federal oil and gas rights within national park system units.  According to the NPS, these arise where the United States does not own the oil and gas interest, either because:

• The United States acquired the property from a grantor that did not own the oil and gas interest; or
• The United States acquired the property from a grantor that reserved the oil and gas interest from the conveyance.

Currently, 12 park system units are home to 534 non-federal oil and gas operations:

• Alibates Flint Quarries National Monument, Texas (5 operations)
• Aztec Ruins National Monument, New Mexico (4 operations)
• Big Cypress National Preserve, Florida (20 operations)
• Big Thicket National Preserve, Texas (39 operations)
• Big South Fork National River and Recreation Area, Tennessee/Kentucky (152 operations)
• Cumberland Gap National Historical Park, Tennessee (2 operations)
• Cuyahoga Valley National Park, Ohio (90 operations)
• Gauley River National Recreation Area, West Virginia (28 operations)
• Lake Meredith National Recreation Area, Texas (174 operations)
• New River Gorge National River, West Virginia (1 operation)
• Obed Wild and Scenic River, Tennessee (5 operations)
• Padre Island National Seashore, Texas (14 operations)

NPS has stated an expectation that future non-federal oil and gas operations within park boundaries could occur in up to 30 additional System units, based on "the presence of split estates, exploration and production occurring on adjacent or nearby lands, and likely increases in energy prices."

While the NPS promulgated regulations in 1978 governing the exercise of non-federal oil and gas rights, it had not updated these rules since then.  The final rule issued in November 2016 thus represents the first change in over 37 years.  Its changes include a broadening of scope, to cover all non-federal oil and gas operations within the boundary of a system unit outside of Alaska.
 This rule is effective December 5, 2016.

National Park Service OKs transmission line on park lands

The National Park Service has given its final approval to a proposed high-voltage electric transmission line that would cross public lands in Pennsylvania and New Jersey, including the Delaware Water Gap National Recreation Area, the Middle Delaware National Scenic and Recreational River as well as the Appalachian National Scenic Trail.

The 500 kilovolt transmission line, known as the Susquehanna-Roseland line, has been proposed by utilities PPL Electric Utilities and Public Service Electric and Gas Co. It would run 145 miles from Susquehanna, Pennsylvania to Roseland, New Jersey.  Mid-Atlantic electric grid operator PJM, Inc. and national electric reliability organization NERC had called for the line to protect the grid's reliability by preventing existing power lines from facing overloaded conditions.  The line also received a fast-track review by federal agencies under the auspices of the Interagency Rapid Response Team for Transmission, a group formed to coordinate on an expedited review of transmission projects designed to increase grid reliability, integrate new renewable energy, and cut consumer costs.

While the line's route largely followed existing rights-of-way, environmentalists and park activists challenged the National Park Service's approval of expansions to the rights-of-way through these national parklands.  The New Jersey Board of Public Utilities' approval of the project was also challenged, on the grounds that the state board failed to give adequate consideration to non-transmission alternatives that could have met consumer demand, such as programs promoting demand response and energy efficiency.  That case remains pending.

On Monday, the National Park Service issued its record of decision approving the line (31-page PDF).  As a condition of approval, the NPS required the developing utilities to contribute at least $56 million to a
fund to mitigate the line's impacts on federal lands by purchasing or otherwise conserving land for public use, compensating for impacts to wetlands affected by the line, and funding cultural and historic preservation in the affected parks.

In a Facebook post issued yesterday, the New Jersey chapter of the Sierra Club vowed to challenge the NPS's approval of the line in court.  PPL and PSE&G plan to place the line in service by June 2015.

Securing solar panels against theft

As more solar panels are installed in remote locations, how can they be secured against theft?

New Hampshire's Swift River, along the Kancamagus Highway.

Between new, more efficient technologies and government incentive programs, people are installing solar photovoltaic panels at a much faster rate than in the past.  While most solar PV projects are being developed on industrial or commercial buildings or homes, remote or off-the-grid solar projects form a growing sector of the market.  This can be particularly cost-effective where traditional grid-based electricity would be cost-prohibitive to install.  For example, the National Park Service is using solar panels to power campground facilities in remote locations, as are state park units and other public land management agencies like the U.S. Forest Service.

Theft of these solar panels and related electric equipment may be a growing problem in some locations.  For example, the Manchester Union Leader reports that thieves stole a variety of equipment including solar panels, electrical panels, charge controllers, inverters and deep cycle batteries from Forest Service facilities along New Hampshire's Kancamagus Highway this past winter.  Along with associated vandalism, the damage and losses to the campground and visitor facilities in the White Mountain National Forest are reported to exceed $10,000.

For some years, electric utilities have faced similar challenges in the form of copper theft, where thieves steal wires and other electric equipment for its value as scrap metal.  As people, businesses and agencies other than utilities become distributed producers of electric energy, they are being exposed to the parallel risk of solar panel theft.  Securing solar energy equipment could take a variety of forms, from physical security (e.g. bolting the equipment down more securely) to monitoring, patrols, or electronic surveillance.  Adding more security to an installation may increase its costs somewhat, but may be a good investment for some situations compared to the risk of loss.

NJ-PA transmission line challenged

A New Jersey court is considering a challenge by environmental activists to a proposed high-voltage transmission line connecting Pennsylvania and New Jersey.

Proposed by PPL Electric Utilities and Public Service Electric and Gas Co., the Susquehanna-Roseland line would run 145 miles from PPL's Susquehanna substation near Berwick, Pennsylvania to Roseland, New Jersey.  The route, which is nearly finalized, would cross three units of land managed by the National Park Service: the Delaware Water Gap National Recreation Area, the Middle Delaware National Scenic and Recreational River and National Recreation Water Trail, and the Appalachian National Scenic Trail. 

The Susquehanna-Roseland project has received the approval of the New Jersey Board of Public Utilities, as well as federal support in the form of an expedited permitting process.  Regional grid operator PJM Interconnection, LLC has also said that the line is essential to improving reliability and reducing transmission line congestion in the region.

At the same time, the line has drawn opposition from environmental groups and others.  The Sierra Club and other organizations have challenged the line as continuing a "reliance on toxic fossil fuels by shipping coal-fired power into New Jersey." Instead, the Sierra Club calls for increased use of demand response, energy efficiency and renewable energy to meet peak energy demands.  Other have challenged the project's proposed route through National Park Service lands, including widening some existing transmission corridors and associated road-building activity.

This past Wednesday, the Appellate Division of the Superior Court of New Jersey heard oral argument over whether the New Jersey Board of Public Utilities' approval of the project was valid.  Among the challenges raised was whether the BPU fully considered non-transmission alternatives to the line, such as demand response and energy efficiency.

While the court process concludes, the utility proponents believe that construction should not be affected by the lawsuits.  The line is expected to be placed in service by summer 2015.

National park energy use and strategies

Small-scale alternative energy resources play an increasing role in how the U.S. National Park Service manages its lands, budget, and energy usage.

Solar panels line the roof of the comfort station at Devil's Garden Campground in Arches National Park, Utah.

The United States National Park Service manages about 84.4 million acres of land in the form of national parks, national monuments, and other historic and conservation properties.  While much of the Park Service's holdings are preserved as undeveloped backcountry properties, the NPS provides visitor amenities like lodging, food and other concession services.

The remote locations of many Park Service sites make traditional energy resources expensive and challenging.  Ranger stations and campground bathrooms may be located far from the traditional utility electric grid.  Diesel generators can be used if road access to the site is possible, but have drawbacks: fuel is expensive, and generators can be loud, produce emissions, and may be out of character for a particular national park site.

In some cases, the Park Service is turning away from traditional energy resources to alternative and distributed energy resources like solar power.  In fact, the Park Service has deployed distributed solar photovoltaic generation for over a decade.

Consider the example of Devil's Garden Campground in Arches National Park in Utah.  While the campground is relatively remote (located at the end of a 30-mile dead-end road inside the park), Park Service facilities in the campground need electricity.  These facilities include two campground hosts, three bathrooms, an amphitheater and a ranger station.

Historically, electricity for the campground facilities came from on-site diesel generators.  These units ran 24 hours a day, consuming over 6,400 gallons of fuel per year.  Producing electricity from diesel is seldom cost-competitive today; generating electricity from diesel at Devil's Garden Campground cost the National Park Service over $22,400 per year.  This meant that the Park Service was generating electricity for a price of 28 cents per kilowatt-hour (kWh), about four times higher than the current average Utah price.

(As expensive as this is, it's still about a third of the cost of diesel-generated electricity on the remote Maine island of Monhegan.  In 2010, electricity on Monhegan cost an average of 74.51 cents per kWh.)

As early as 1995, the Park Service joined with the state of Utah to develop four photovoltaic/diesel hybrid systems at Devil's Garden Campground.  Each system is composed of a 1.4 kilowatt (kW) tracking array, a 4 kW inverter and a 40 kWh battery bank.  Diesel units remain on-site and ready, but now run less than 4 hours per day.  This cut the Park Service's annual operation and maintenance costs for the diesel generators from $22,400 to $10,000.  The project dramatically reduced the noise level in the campground, and significantly cut the diesels' emissions of carbon dioxide, carbon monoxide, nitrogen oxides, and sulfur oxides.

As this example shows, sites that are already off the grid can be good candidates for small-scale distributed generation projects relying on alternative technologies like solar.  Depending on project economics and other objectives (like the Park Service's sustainability initiative, improving noise levels and air quality, or education), replacing diesel with renewable energy -- and making energy efficiency improvements -- can make sense.

Other units in the National Park Service system are following the Arches example by turning to distributed renewable energy and energy efficiency.  In 2011, Yosemite National Park installed a 672 kilowatt grid-tied solar array.  The $5.8 million Yosemite project is bigger in scale (the Park Service's largest solar energy project) and is tied to the utility electric grid, but represents a similar strategy to that used in Arches and throughout the Park Service.