Maine tidal pilot project not seeking new license

The holder of a federal pilot license for a Maine tidal energy project has told regulators that it does not intend to relicense the project beyond the pilot license's expiration in 2022, pointing to tidal current velocities at the project site as inadequate to justify pursuing a commercial license.

At issue is the Cobscook Bay Tidal Project.  On February 27, 2012, the Federal Energy Regulatory Commission issued a pilot project license to ORPC Maine, LLC for the project for a period of eight years.  Later that year, it became the first grid-tied commercial tidal power plant in the U.S.

The Commission later granted a subsequent request by ORPC to extend its license term for the Cobscook Bay Tidal Energy Project from eight years to ten years, until January 31, 2022.  In that order extending the pilot license term, the Commission noted "the experimental nature of hydrokinetic devices, the licensee’s dedication to expanding and improving the technology and design of its project, and the insignificant or no impact to the surrounding environment by extending the license term two years."

Because the FERC licensing process can take years to complete, licensees are required to make public filings between 5 and 5-and-a-half years in advance of license expiry.  On March 14, 2017, ORPC made such a filing.  In that March 14 letter, ORPC noted some project successes:

The Cobscook Bay Tidal Energy site has served a pivotal role in the advancement of ORPC’s technology specifically and the domestic marine hydrokinetic industry generally. ORPC anticipates that the project infrastructure in place, the environmental monitoring and data analysis efforts, resource information documentation, and collaborative relationships with existing marine users will continue through the duration of the existing pilot license term. With concurrence of the Project Adaptive Management Team, we will be testing new generations of system components and assembled systems at the project site and will keep FERC informed regarding these efforts.

But then ORPC noted an intent not to seek a commercial license for the project after the pilot license's expiration:

While the project site serves as an excellent testing area, ORPC considers the tidal current velocities at the Project site inadequate to justify pursuing a commercial license. Therefore ORPC does not intend to file a NOI or PAD for the Project at this time.

In a May 25, 2017 letter to the licensee, Commission staff characterized the licensee's March 14 filing as "a notice of intent not to relicense the Cobscook Bay Tidal Project," citing the licensee's position on tidal velocities, and noting the licensee's stated intent to continue operating the project until the pilot license expires on January 31, 2022.

Washington tidal energy project cancelled

A tidal energy project proposed off the Washington coast will be scrapped due to cost overruns, according to the project developer.

Public Utility District No. 1 of Snohomish County's proposed Admiralty Inlet Pilot Tidal Project was envisioned as a temporary, experimental project to evaluate the commercial viability of tidal energy development in Puget Sound.  The 600-kilowatt hydrokinetic project would have generated electricity from the force of water moving through turbines mounted in tidal currents.  Earlier this year, the project won a pilot license from the Federal Energy Regulatory Commission, making it among the first tidal projects to qualify for the Commission's pilot licensure program.

But the estimated costs of the project were significant relative to its projected energy output.  Since it was first proposed in 2006, the Public Utility District estimated that the project would cost $20 million to build.  Based on these numbers, the Commission estimated that the levelized annual cost of operating the project would be about $1,848,294.  Dividing this by the project's expected production of energy, the power could cost $7,574.98 per megawatt-hour of energy generated -- an amount over 250 times higher than the estimated $30/MWh cost of alternative power.

Nevertheless, the PUD had designed the project's finances to avoid the need for ratepayer financing.  Rather, the project relied on funding from federal grants and in-kind contributions from project partners, as well as some money from the sale of excess renewable energy credits from the District's wind power projects.  To date, the District has invested about $3.5 million in the effort, over the past 8 years.

With the FERC license in hand, the District moved forward to solicit bids for project engineering and construction.  When those bids came in, the District realized the project would likely cost closer to $37 million, or $17 million more than previously expected.  According to a September 30 announcement by the Public Utility District, the District tried to seek more funding for the project from the U.S. Department of Energy and other project partners, but did not succeed.  As a result, the District has announced that it will not move forward with the project.

While the District is no longer actively pursuing the Admiralty Inlet Pilot Tidal Project, some other developer may try to pick up where the District left off.  Indeed, the District's announcement notes that the project "remains worthwhile to pursue on behalf of the nation to further the potential development of marine renewable energy."  Will another developer seek to advance the Admiralty Inlet Pilot Tidal Project?  Will other tidal current and marine hydrokinetic projects be developed given the challenges of ocean energy project economics?

Hydrokinetic energy projects in 2014

Hydrokinetic energy projects generate electricity from moving water, capturing the power embodied in tides, waves, and currents without the use of dams.  Hydrokinetic energy resources are estimated to have a tremendous power potential -- according to one U.S. Department of Energy study, approximately 1,420 terawatt-hours per year, or approximately one-third of the nation's total annual electricity usage.  The technologies required are relatively new, do not have decades of operational experience, and remain relatively expensive.  Nevertheless, federal records show growth in hydrokinetic project development.

The Federal Energy Regulatory Commission regulates most hydrokinetic energy projects under its hydropower jurisdiction pursuant to the Federal Power Act.  Project developers may seek preliminary permits granting the right to study a particular site and priority to apply for a project license. 

Relatively few projects have received licenses to date.  In 2012, the Commission issued a pilot project license for the Roosevelt Island Tidal Energy project in the East River near New York City.  Last month, the Commission issued a pilot project license to the Public Utility District No. 1 of Snohomish County for a 600 kilowatt tidal project in Puget Sound, Washington.

As of last month, six projects have been issued preliminary permits that remain in effect:

• Ecosponsible, Inc.'s Niagara Community project, a 1.25 megawatt inland project proposed for the Niagara River in New York
• Ecosponsible, Inc.'s Niagara Community #2 project, a similar 1.25 megawatt inland project proposed for the Niagara River in New York
• Iguigig Village Council's Iguigig RISEC project, a 40 kilowatt inland project proposed for the Kvichak River in Alaska
• The Town of Edgartown, Massachusetts's Muskeget Channel Tidal Energy project, a 4.94 megawatt project proposed for the Muskeget Channel off the island of Martha's Vineyard
• Turnagain Arm Tidal Energy's Turnagain Arm Tidal project, a 240 megawatt tidal project proposed for Cook Inlet, Alaska
• Resolute Marine Energy, Inc.'s Yakutat project, a 750 kilowatt wave project proposed in the Gulf of Alaska

 As of March, another 15 applications for preliminary permits were pending before the Commission.

Funding to reduce barriers to marine, hydrokinetic energy

The U.S. Department of Energy has announced a competitive funding opportunity designed to support the growing marine hydrokinetic energy industry.  $1.9 million is available for projects that will improve the collection and analysis of environmental monitoring and experimental data from marine hydrokinetic devices. 

Looking east from Griffith Head, Reid State Park, Maine.  Damariscove Island, a proposed offshore wind site, sits on the right horizon.

Marine hydrokinetic energy technologies capture the energy embodied in moving ocean water such as tides, currents, and waves.  While the marine hydrokinetic industry is relatively young, at least one project has been licensed by the Federal Energy Regulatory Commission and built off the Maine coast.  Research and development efforts are ongoing regarding a variety of marine hydrokinetic technologies and devices, and their environmental impacts continue to be studied.

The recently-announced federal funding aims to support that environmental evaluation.  Working with the National Oceanographic Partnership Program, the Department of Energy's Office of Energy Efficiency and Renewable Energy Wind and Water Power Technologies Office has issued a Funding Opportunity Announcement entitled “Marine and Hydrokinetic (MHK) Environmental Effects Assessment and Monitoring.”

Under that Funding Opportunity Announcement, the Department of Energy offers $1.9 million in funding to be split by up to 11 recipients.  Specific project areas include studies of fish behavior and mortality around hydrokinetic turbines, improved environmental monitoring of marine hydrokinetic projects, and predictive modeling of marine hydrokinetic projects' environmental impacts based on surrogate technologies with stressors and receptors similar to those expected from marine hydrokinetic technologies.

Under the competitive solicitation, the Department of Energy requested Letters of Intent to be submitted by 11:59 Eastern Time on April 18, 2013. Full applications, which must include specified documents, must be submitted by 5:00 PM ET on May 16, 2013.  For more information, visit the Department of Energy's official Funding Opportunity Announcement website or contact Todd Griset at Preti Flaherty.