1. States’ Roles in U.S. Offshore Wind Development Presented By Katherine A. Roek STOEL RIVES LLP September 22, 2009

2. 2 To order any of these books, please contact: Katherine A. Roek * 612.373.8820 karoek@stoel.com * www.stoel.com

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4. Why are we discussing offshore? 4

5. Overview Federal jurisdictional waters vs. State jurisdictional waters Permitting/Siting at the State level Which states are active? What are they doing? What does the future hold? 5

6. Siting Authority – Federal Waters Outer Continental Shelf (OCS) under the jurisdiction of: Minerals Management Service (MMS) Federal Energy Regulatory Commission (FERC) 6

7. Siting Authority – Great Lakes 7 Each state – out to center of Lake

8. Siting Authority – State Waters Great Lakes –each state out to center of lake Atlantic/Pacific coasts – up to 3 nautical miles offshore Gulf of Mexico (Texas, Florida) –9 nautical miles offshore 8

9. Outer Continental Shelf Permitting/Siting of Offshore Wind Minerals Management Service (MMS) lead federal permitting agency under NEPA –Promulgated regulations for granting competitive / non-competitive commercial leases, limited leases, rights-of-way and rights-of-use and easements on the OCS. –Requires consultation with numerous other federal agencies, including U.S. Coast Guard, Fish & Wildlife Service, FERC, Federal Aviation Administration, PLUS state agencies. 9

10. Great Lakes Permitting / Siting of Offshore Wind U.S. Army Corps of Engineers will be lead federal permitting agency –NEPA review will be triggered through permit Section 10 of Rivers & Harbors Act Section 404 of Clean Water Act –EIS vs. EA? Depends on size, location… –Programmatic assessments? 10

11. Great Lakes Permitting / Siting of Offshore Wind, con’t Other agencies: –State environmental regulatory agencies e.g. Michigan Department of Environmental Quality for placement of structures in the Great Lakes – joint application process already in place –U.S. Coast Guard Guidance on Offshore Renewable Energy Installations (OCS) – will adapt to Great Lakes (Corps, not MMS) –State coastal management agency –Fish and wildlife (state and federal) 11

12. States Active in Offshore Wind 12 Source: U.S. Offshore Wind Collaborative, www.usowc.org

13. Massachusetts State has issued final approvals for Cape Wind. Created Ocean Management Act, requiring comprehensive development plan, including identification of prudent sites (by Dec. 2009). Working with Town of Hull (including $1.7M grant) to prepare preliminary environmental and engineering studies for 4-turbine nearshore project. Massachusetts Technology Collaborative created U.S. Offshore Wind Collaborative, including preparation of Framework for Offshore Wind Energy in the United States. 13

14. Rhode Island Ocean Zoning –Special Area Management Plan Selected Preferred Developer June 2009: Legislation signed into law that requires state’s largest electricity supplier to purchase energy from offshore wind farm. –National Grid to issue requests for proposals for 10- to 15-year power purchase agreements for at least 90 MW of its load, plus a utility-scale offshore project of up to 150 MW. 14

15. New York April 2009: New York Power Authority issues RFEI to support the preparation of an RFP for Great Lakes offshore wind project. –Seeking technical, financial, environmental and commercial information from the wind industry –RFP expected to result in selection of developer to construct/operate/maintain farm, enter into long-term PPA. July 2009: Long Island-New York City Offshore Wind Collaborative RFI –Exploring possibility of 350 MW offshore wind project apprx. 13 miles off the south shore of Rockaway. –Interconnect study done (Con Ed/LIPA), application filed with NYISO to interconnect up to 700 MW by 2015. 15

16. New Jersey Blue Ribbon Panel to Evaluate Offshore Wind Ocean Environmental Assessment $12M in grants Selected Three Preferred Developers Created Energy Master Plan: –1,000 MW by 2012; 3,000 MW by 2020 Offshore Wind Renewable Energy Certificates –All load-serving entities required to obtain ORECs from offshore wind, based on their percentage of retail sales in NJ –OREC price to be set by BPU; 20-year term 16

17. Maryland Sept. 2009: Issued Request for Expressions of Information and Interest –Assessing options for offshore wind development –Seeking to develop “in-state renewable generation ability to fulfill some” or all of its RPS needs –Responses to MEA from interested parties, including developers, due early 2010 Simultaneously launching study to evaluate viability of offshore wind in coastal waters –Building on marine spatial planning work in development by MD DNR and the Nature Conservancy 17

18. Delaware Bluewater Wind –July 31, 2008: PPA with Delmarva Power & Light approved by DE Public Service Commission. 18

19. Texas TX General Land Office – issued 7 leases since 2005 –Wind Energy Systems Technology (WEST) 2005: Signed five leases with TX GLO, beginning work on 150 MW project (Galveston). Meteorological tower has compiled almost two years of data. –Baryonyx Corp. 2009: Signed leases for three sites (two offshore), with a potential capacity for up to 3,000 MW. 19

20. Great Lakes – Consortiums Great Lakes Wind Collaborative –Multi-sector coalition of wind energy stakeholders working to facilitate the sustainable development of wind power in the binational Great Lakes region. Great Lakes Wind Council –Advisory body within the Michigan Department of Energy, Labor and Economic Growth to provide public forum to identify where, in the Great Lakes, wind energy systems may be prudently sited –Report issued September 1, 2009 20

21. Michigan May 2008: Offshore Wind Permitting Dry-Run Feb. 2009: Great Lakes Wind Council created. Sept. 2009: Council issues final report to Gov. Granholm. Recommendations include: –Set of criteria to identify / map prudent siting for offshore wind. –Legislative / rule changes to establish leasing process. –Request that the U.S. Army Corps of Engineers prepare a Programmatic Environmental Impact Statement. –PSC convene forum to work with stakeholders on an economic analysis of different policy scenarios. 21

22. Michigan, con’t 22

23. Wisconsin January 2009: Public Service Commission – Feasibility Report. –Engineering and Economic Issues –Human Environment Issues –Legal Issues –Community Involvement Issues We Energies –Publicly committed funding to performing offshore wind studies Legislation? –Increase state RPS, mandate portion in-state 23

24. Ohio Great Lakes Energy Development Task Force –Consortium of Cleveland Foundation, Cuyahoga County, Case Western, City of Cleveland, others –Issued RFQ for development of 5-20 MW offshore pilot project. –Entered into agreement with JW Great Lakes Wind. Spring 2009: Feasibility study issued. –Recommended prudent sites and foundation design –Evaluated marine ecology and avian issues –Provided cost estimates –Recommends next steps Currently completing pre-construction avian/bat and ecological studies 24

25. Resources www.mms.gov/offshore/alternativeenergy/reg ulatoryinformation.htm www.awea.org/faq/wwt_offshore.html www.psc.wi.gov www.michigan.gov/dleg www.michiganglowcouncil.org www.ri.gov www.nj.gov www.linycoffshorewind.com www.usowc.org 25

26. Thank you! Katherine A. Roek (612) 373-8820 karoek@stoel.com www.stoel.com www.lawofrenewableenergy.com 26