1. Barriers and Challenges to Developing Renewable Energy Projects
Eric R. Bjorkman
Sustainable Energy Conference 2010
Powering Idaho's Future

2. Overview of Project Development Issues
Site Selection and Acquisition
Permitting & Approvals
Financing
Power Sales / Transmission / Interconnection Agreements
Construction / Infrastructure
Operation and Maintenance Agreements

3. Site Selection Issues Availability of the Resource
Transmission to the Grid
Regulatory Approvals
Public Opposition/Support
Environmental Constraints

4. Site Selection – Location of resources
Wind, geothermal, biomass and solar resources are limited to specific geographic areas.
Wind – Central Plains, Coastal Regions
Solar – Southwestern States (AZ, NM, CA, NV, UT, TX)
Geothermal – Western U.S.
Biomass – North Central U.S. and West Coast
Resource location impacts regulatory jurisdiction

5. Site Selection – U.S. Wind Resources
Source: www.

6. Site Selection – U.S. Solar Resources

7. Site Selection – U.S. Geothermal Resources

8. Site Selection – U.S. Biomass Resources

9. Site Acquisition Issues
Fee, Lease or Combination
Private
State
Federal
Access issues
Lines and substations
Roads

10. Siting & Permitting Bodies
Federal
State
Local

11. Federal Permits & Approvals
Federal Permits or Approvals Required?
Federal nexus
Federal lands
Accessing federally owned transmission lines
Regulatory nexus (e.g., jurisdictional waters, incidental take, etc.)

12. Federal Permits & Approvals
Permit/Approval
Agency
Applicability
Migratory Bird Treaty Act
U.S. Dept. of Interior
Determination of federally protected species or their critical habitat in the area.
Permit is required to remove species. Avoid kill, injury to protected species without a permit.
Bald and Gold Eagle Protection Act
Permit is required to remove species. Avoid kill, injury to eagles without a permit.
Determination of Exempt Wholesale Distributor Status
Federal Energy Regulatory Commission
Self-certification.

13. Federal Permits & Approvals Cont.
Permit/Approval
Agency
Applicability
Federal Aviation Administration ("FAA") Hazard Determination
FAA
Applicable if structure height is at or above specific threshold and dependent upon distance to nearest airport.
Clean Water Act ("CWA") 402 Permit (Storm Water Discharge)
EPA R10
Potential discharge from construction or operation.
CWA 404 Permit (Dredge and Fill)
U.S. Army Corps of Engineers ("Corps")
Applicable if construction (dredge/fill) in jurisdictional wetlands or other waters of the U.S.; Activity may be covered under a Nationwide Permit ("NWP").

14. Federal Permits & Approvals Cont.
Permit/Approval
Agency
Applicability
Environmental Assessment or Environmental Impact Statement
EPA/Corps
Applicable if individual Section 402, 404 or other federal permit is required.
Endangered Species Act of 1973 ("ESA")
Fish & Wildlife Service ("FWS")
Applicable if required in conjunction with federal permits (e.g. 404 permit) or if "take" or adverse modification of critical habitat for listed species appears likely.
Historical/Archeological consultation (National Historic Preservation Act)
Federal permitting agency and State Historical Preservation Office ("SHPO")
Applicable if required in conjunction with federal permits (e.g. 404 permit).
CERCLA
IDEQ/EPA
Applicable if storage or release on or from site of materials identified as hazardous substance.

15. State Permits & Approvals
No state facility siting authority in Idaho
State considerations / requirements
Stream Channel Alteration Permit
Well Drilling Permit
Electrical Permit
Over Legal Load Limit Permit
Aeronautics Permit
Air Quality Permit
Water Rights

16. Local Permits & Approvals
Comp Plan/Zoning
SUP
Construction permits

17. Legal Challenges to Renewable Projects
Environmental challenges can be made to any renewable technology
Wind: Endangered Species Act, Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act
Solar: Large area requirements invite ESA and Environmental Impact Statement challenges
Geothermal: Waste water and underground injection issues
Nuisance
A condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons or ordinary sensibilities
An interference with the private use and enjoyment of another's land is unreasonable when the gravity of the harm outweighs the social value of the activity alleged to cause the harm
Key element for a nuisance claim is unreasonable interference; the test is not "no interference"