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Posts Tagged ‘MOU’

FRANK HARTZELL, Mendocino Beacon, February 25, 2010

The Southern California investment company with a federal permit to develop wave energy in waters off Mendocino has entered into a partnership with one of the world’s top companies in the field.

GreenWave Energy Solutions recently entered into a memo of understanding, or MOU, with Ocean Power Technologies (OPT) of New Jersey, a move which makes wave energy off the village of Mendocino much more likely than ever.

Earlier this month, Ocean Power Technologies earned a federal license to develop wave energy off Reedsport, Ore., a groundbreaking move in the Federal Energy Regulatory Commission (FERC) process.

Ocean Power Technologies had its own FERC wave energy preliminary permit off Cape Mendocino but last year gave up on that site as impractical. OPT, which has since eclipsed many of its hydrokinetics competitors, plans to bring its experience to developing waters off Mendocino, the FERC permit states.

OPT recently deployed one of its Power Buoys off Hawaii, where it is also developing wave energy. OPT has been granted the exclusive right to sell their patented WEC devices to GreenWave for the generation of electrical power off Mendocino.

The existence of GreenWave’s FERC preliminary permit already spells doom for the creation of any new Marine Life Protection Act (MLPAI) Initiative protection of the claimed area.

GreenWave told FERC in its latest progress report that the firm has a target date of April 2012 for filing a license to actually develop electricity off Mendocino.

A preliminary permit gives exclusive study rights to an area to the applicant and also provides automatic preference to a license to actually produce power in the ocean.

“The proposed 100 megawatt GreenWave Mendocino Wave Park is estimated to generate an average of 250 GigaWatt-hours annually. GreenWave has contacted most or all of the stakeholders … and will continue to conduct community outreach and informational efforts to keep all stakeholders apprised of progress and plans related to the environmental studies and development of this proposed wave energy project,” the FERC filing by GreenWave President Wayne Burkamp states.

GreenWave and Ocean Power Technologies plan joint meetings locally beginning in March, the filing states. The two firms plan to file full details of the wave energy project with FERC by March and then discuss those plans in public meetings with locals.

Wave energy has generated substantial local opposition led by local fishermen. The environmental community in Mendocino has also opposed wave energy. Environmentalists in Humboldt County have not been involved in the issue.

PG&E, faced with local opposition, withdrew its Fort Bragg wave energy development application and continued its effort in friendlier Humboldt County, then added a second site in Southern California.

National environmental groups signed off on wave energy in a letter to president Obama. But the Obama administration studied the issue and, like Fort Bragg residents, learned the technology raised serious environmental issues and was too theoretical to help with the nation’s energy needs in the foreseeable future. In the meantime, fishing and civic groups have been seeking to construct a public process that protects the ocean.

A group formed in Fort Bragg, Fishermen Interested in Safe Hydrokinetics (FISH) is the lead plaintiff on a lawsuit against FERC challenging FERC’s issuance of the exclusive development rights to waters off Mendocino to GreenWave. The city of Fort Bragg, County of Mendocino, the Ocean Protection Council, the Pacific Coast Federation of Fishermen and the Recreational Fishing Alliance are also part of the challenge.

The lawsuit, with filings due in federal court this spring and summer, asserts that FERC failed to follow environmental laws or create a comprehensive plan before issuing wave energy permits.

“GreenWave has reviewed the allegations contained in the complaint and believes the allegations are without merit. GreenWave is monitoring this litigation and will provide any support that FERC believes necessary,” GreenWave’s recent filing states.

PG&E said the reason it abandoned its Fort Bragg development site was Noyo Harbor is unsuitable. That hasn’t discouraged GreenWave so far.

Background

The exclusive three-year preliminary permit granted in May 2009 to GreenWave stretches from just north of Albion to off Point Cabrillo, about a half-mile to three miles offshore.

Five men from the Thousand Oaks area of Southern California, including Tony Strickland, a Republican state senator, formed GreenWave Energy Solutions about two years ago.

Strickland, one of the state’s most ardent deregulators and anti-tax advocates, won the state Legislature’s closest race last November by a handful of votes, California’s closest major race. He made his involvement in alternative energy a key part of his campaign.

Green Wave Energy Solutions when formed was composed of Burkamp, Strickland, engineer Bill Bustamante and prominent housing developers Dean Kunicki and Gary Gorian.

Calls to GreenWave’s message phone number revealed Strickland and the others are still involved.

GreenWave does not mention Strickland, or any local members of the California Legislature among its communications with the Legislature in its report to FERC.

“GreenWave has participated in numerous meetings with California state government officials regarding various aspects of the permitting process and the political dynamics of development of a wave farm, in this district. GreenWave has met with various legislative personnel including California State Assemblyman Felipe Fuentes (39th District). Assemblyman Nathan Fletcher (75th District), and Gov. Schwarzenegger’s Chief Deputy Legislative Assistant, John Moffatt.

“These meetings involved discussions regarding the future of wave energy in California, working to streamline the permitting process in California and questions related to legislation which would assist in wave energy development,” the FERC filing states.

The Marine Life Protection Act Initiative process has concentrated solely on restricting and banning fishing, despite broader general ocean protection goals in the act. An opinion issued by the California Attorney General’s office states that any prior legal claim (such as a preliminary permit for wave energy) precludes the establishment of any type of new marine protected area. However, that fact has not yet been introduced into the discussions of creation of “arrays” or fishing restricted areas, despite large areas off limits in both Humboldt and Mendocino counties due to permits granted to PG&E and GreenWave.

Editor’s Note: Phenomenal reporting by Frank Hartzell, thank you!

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MendoCoastCurrent, June 17, 2009

300_127728The West has been at the forefront of the country’s development and implementation of renewable energy technologies, leading the way in passing effective Renewable Portfolio Standards and harnessing the region’s significant renewable energy resources. The initiatives announced at the recent annual western governors’ meeting offered a collaboration of federal and state efforts to help western states continue to lead in energy and climate issues, while driving U.S. economic recovery and protecting the environment.

Secretaries Chu, Salazar and Vilsack and Chairs Sutley and Wellinghoff offered the western state governors next steps to tap renewable energy potential and create green jobs, focusing on energy strategies and initiatives to support their states and constituents.

Included in these initiatives are the development of a smarter electric grid and more reliable transmission system, protection of critical wildlife corridors and habitats, promoting the development of renewable energy sources and laying the groundwork for integrating these energy sources onto the national electricity grid.

“These steps send an unmistakable message: the Obama Administration will be a strong partner with the West on clean energy” Energy Secretary Steven Chu said. “We will create jobs, promote our energy independence and cut our carbon emissions by unlocking the enormous potential for renewable energy in the Western United States”

“Our collective presence here demonstrates the Obama Administration’s commitment to working with the Western governors as we begin to meet the challenge of connecting the sun of the deserts and the wind of the plains with the places where people live” said Ken Salazar, Secretary of the Interior.

“President Obama has been very clear about his intent to address our country’s long-term energy challenges and this multi-department approach will help increase production of energy from renewable sources and generate new, green jobs in the process” said Agriculture Secretary Tom Vilsack. “When we produce more energy from clean sources, we help protect our farmland and our forests for future generations”

“With their focus on clean energy, electricity transmission and Western water supply, the Governors have shown a commitment to addressing the critical issue of climate change and the challenges it presents to state and local governments” said Nancy Sutley, Chair of the White House Council on Environmental Quality. “The areas covered during this meeting, from water supplies and renewable energy, to fostering international cooperation on energy and the environment, are issues we are also focused on at the White House under the leadership of President Obama. We look forward to working together to meet these challenges”

“FERC looks forward to coordinating with DOE and working with the states and local planning entities and other interested parties in the course of facilitating the resource assessments and transmission plans” FERC Chairman Jon Wellinghoff said.

The actions announced include:

$80 Million for Regional and Interconnection Transmission Analysis and Planning:

The Department of Energy announced $80 million in new funding under the American Reinvestment and Recovery Act to support long-term, coordinated interconnection transmission planning across the country. Under the program, state and local governments, utilities and other stakeholders will collaborate on the development and implementation of the next generation of high-voltage transmission networks.

The continental United States is currently served by three separate networks or “interconnections” – the Western, Eastern and Texas interconnections. Within each network, output and consumption by the generation and transmission facilities must be carefully coordinated. As additional energy sources are joined to the country’s electrical grid, increased planning and analysis will be essential to maintain electricity reliability.

Secretary Chu announced the release of a $60 million solicitation seeking proposals to develop long-term interconnection plans in each of the regions, which will include dialogue and collaboration among states within an interconnection on how best to meet the area’s long-term electricity supply needs. The remaining $20 million in funding will pay for supporting additional transmission and demand analysis to be performed by DOE’s national laboratories and the North American Electric Reliability Corporation (NERC).

$50 Million for Assistance to State Electricity Regulators:

Secretary Chu announced $50 million in funding from the American Recovery and Reinvestment Act to support state public utility commissions and their key role in regulating and overseeing new electricity projects, which can include smart grid developments, renewable energy and energy efficiency programs, carbon capture and storage projects, etc. The funds will be used by states and public utility commissions to hire new staff and retrain existing employees to accelerate reviews of the large number of electric utility requests expected under the Recovery Act. Public utility commissions in each state and the District of Columbia are eligible for grants.

Nearly $40 Million to Support Energy Assurance Capabilities for States:

The Department of Energy also announced that $39.5 million in Recovery Act funding will be available for state governments to improve emergency preparedness plans and ensure the resiliency of the country’s electrical grid. Funds will be used by the cities and states to hire or retrain staff to prepare them for issues such as integrating smart grid technology into the transmission network, critical infrastructure interdependencies and cybersecurity. Throughout this process, the emphasis will be on building regional capacity to ensure energy reliability, where states can help and learn from one another. Funds will be available to all states to increase management, monitoring and assessment capacity of their electrical systems.

$57 Million for Wood-to-Energy Grants and Biomass Utilization Projects:

The Department of Agriculture announced $57 million in funding for 30 biomass projects. The projects – $49 million for wood-to-energy grants and $8 million for biomass utilization – are located in 14 states, including Arizona, California, Colorado, Idaho, North Dakota, New Mexico, Nevada, Oregon and Washington.

In keeping with the Obama Administration’s interest in innovative sources for energy, these Recovery Act funds may help to create markets for small diameter wood and low value trees removed during forest restoration activities. This work will result in increased value of biomass generated during forest restoration projects, the removal of economic barriers to using small diameter trees and woody biomass and generation of renewable energy from woody biomass. These funds may also help communities and entrepreneurs turn residues from forest restoration activities into marketable energy products. Projects were nominated by Forest Service regional offices and selected nationally through objective criteria on a competitive basis.

Biomass utilization also provides additional opportunities for removal of hazardous fuels on federal forests and grasslands and on lands owned by state, local governments, private organizations and individual landowners.

Memorandum of Understanding to Improve State Wildlife Data Systems, Protect Wildlife Corridors and Key Habitats across the West:

During today’s Annual Meeting in Park City, Utah, Secretaries Salazar, Vilsack and Chu agreed to partner with the Western Governors’ Association to enhance state wildlife data systems that will help minimize the impact to wildlife corridors and key habitats. Improved mapping and data on wildlife migration corridors and habitats will significantly improve the decision-making process across state and federal government as new renewable and fossil energy resources and transmission systems are planned. Because the development of this data often involves crossing state lines and includes information from both private and public lands, increased cooperation and coordination, like this Memorandum of Understanding (MOU), are important to developing a comprehensive view on the impact of specific energy development options.

Western Renewable Energy Zones Report Identifies Target Areas for Renewable Energy Development:

The Department of Energy and the Western Governors’ Association released a joint report by the Western Renewable Energy Zones initiative that takes first steps toward identifying areas in the Western transmission network that have the potential for large-scale development of renewable resources with low environmental impacts. Participants in the project included renewable energy developers, tribal interests, utility planners, environmental groups and government policymakers. Together, they developed new modeling tools and data to facilitate interstate collaboration in permitting new multistate transmission lines.

In May 2008, the Western Governors’ Association and DOE launched the Western Renewable Energy Zones initiative to identify those areas in the West with vast renewable resources to expedite the development and delivery of renewable energy to where it is needed. Under the Initiative, renewable energy resources are being analyzed within 11 states, two Canadian provinces and areas in Mexico that are part of the Western Interconnection.

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MendoCoastCurrent, April 23, 2009

images3In Octoberr 2008 Grays Harbor Ocean Energy applied for seven Federal Energy Regulatory Commission (FERC) preliminary permits for projects located in the Atlantic Ocean about 12 to 25 miles offshore off the coasts of New York, Massachusetts, and Rhode Island, and in the Pacific Ocean about 5 to 30 miles off the coasts of California and Hawaii.

On April 9, 2009 FERC and MMS signed a Memorandum of Understanding (MOU) clarifying jurisdictional responsibilities for renewable energy projects in offshore waters on the Outer Continental Shelf (OCS).  The stated goals of this MOU are to establish a cohesive, streamlined process, encouraging development of wind, solar, and ocean or wave energy projects.

In this MOU, FERC agrees to not issue preliminary permits for ocean or wave projects that are located on the Outer Continental Shelf. 

And as a result, on April 17, 2009 FERC dismissed all seven Grays Harbor’s pending preliminary permit applications for its proposed wave projects as each and every project is located on the OCS.

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Cherry Creek News Staff, March 17, 2009

WASHINGTON, DC – In a joint statement issued today Secretary of the Interior (DOI), Ken Salazar and Acting Chairman of the Federal Energy Regulatory Commission (FERC) Jon Wellinghoff announced that the two agencies have confirmed their intent to work together to facilitate the permitting of renewable energy in offshore waters.

“Our renewable energy is too important for bureaucratic turf battles to slow down our progress. I am proud that we have reached an agreement with the Federal Energy Regulatory Commission regarding our respective roles in approving offshore renewable energy projects. This agreement will help sweep aside red tape so that our country can capture the great power of wave, tidal, wind and solar power off our coasts,” Secretary Salazar said.

“FERC is pleased to be working with the Department of the Interior and Secretary Salazar on a procedure that will help get renewable energy projects off the drawing board and onto the Outer Continental Shelf,” Acting FERC Chairman Jon Wellinghoff said.

Below is the joint Statement between DOI and FERC signed by Secretary Salazar and Acting Chairmain Wellinghoff:

JOINT STATEMENT BY THE SECRETARY OF THE INTERIOR AND THE ACTING CHAIRMAN OF THE FEDERAL ENERGY REGULATORY COMMISSION ON THE DEVELOPMENT OF RENEWABLE ENERGY RESOURCES ON THE OUTER CONTINENTAL SHELF

The United States has significant renewable energy resources in offshore waters, including wind energy, solar energy, and wave and ocean current energy.

Under the Outer Continental Shelf Lands Act, the Secretary of the Interior, acting through the Minerals Management Service, has the authority to grant leases, easements, and rights-of-way on the outer continental shelf for the development of oil and gas resources. The Energy Policy Act of 2005 amended the Outer Continental Shelf Lands Act to provide the Interior Department with parallel permitting authority with regard to the production, transportation, or transmission of energy from additional sources of energy on the outer continental shelf, including renewable energy sources.

The Interior Department’s responsibility for the permitting and development of renewable energy resources on the outer continental shelf is broad. In particular, the Department of the Interior has permitting and development authority over wind power projects that use offshore resources beyond state waters.

Interior’s authority does not diminish existing responsibilities that other agencies have with regard to the outer continental shelf. In that regard, under the Federal Power Act, the Federal Energy Regulatory Commission has the statutory responsibility to oversee the development of hydropower resources in navigable waters of the United States. “Hydrokinetic” power potentially can be developed offshore through new technologies that seek to convert wave, tidal and ocean current energy to electricity. FERC will have the primary responsibility to manage the licensing of such projects in offshore waters pursuant to the Federal Power Act, using procedures developed for hydropower licenses, and with the active involvement of relevant federal land and resource agencies, including the Department of the Interior.

We have requested our staffs to prepare a short Memorandum of Understanding that sets forth these principles, and which describes the process by which permits and licenses related to renewable energy resources in offshore waters will be developed.

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SUSAN CHAMBERS, The World, February 3, 2009

Coos Bay — The announcement came as a surprise to everyone.

beachpThe Federal Energy Regulatory Commission’s Thursday order issuing a preliminary permit for a 200- to 400-buoy wave energy project off of Newport shocked Ocean Power Technologies leaders as well as the public.

“It’s a project, a site that is not on our priority list right now,” OPT spokesman Len Bergstein said. “It was a little bit of a surprise to us in terms of timing.”

What’s different about this project is that FERC’s approval stirs up a hornet’s nest at the time OPT is trying to work with residents on the South Coast for community approval of two sites: a 10-buoy project off of Gardiner and a 200-buoy project off of the North Spit.

It also calls into question FERC’s intentions of adhering to a memorandum of understanding previously negotiated with Oregon to give the state greater siting power over wave energy projects in the territorial sea.

The approval also seems to be designed for FERC to flex authority over territory traditionally overseen by the U.S. Department of Interior’s Minerals Management Service. Both agencies have claimed the area outside of Oregon’s territorial sea, beyond three nautical miles.

Mixed Messages

As the FERC notice of approval hit residents’ e-mail inboxes late Thursday, outrage began to build.

“My concern is this sends the wrong message,” said Lincoln County District Attorney Rob Bovett. “This is high-value crab grounds, about as valuable as you get.”

OPT applied for the permit in November 2006, but let the application slide. The jurisdictional battle meant the application was going nowhere fast. OPT decided to concentrate its work on the Gardiner and Coos Bay sites, both of which are inside the territorial sea.

Bergstein said as soon as he found out about the approval, he immediately called Lincoln County Commissioner Terry Thompson and other Lincoln County folks, particularly those involved with the Fishermen Involved in Natural Energy group.

“Clearly, we have not been prompting FERC,” Bergstein said.

Bovett, who was involved in the commenting on the original OPT application, said Fishermen Involved has been working with wave energy companies to determine the best sites for development that would have the least impact on the fishing industry and local communities. This, though, was different.

“FINE wasn’t involved in the selection of this box,” Bovett said.

State vs. FERC?

Bovett’s first question was: Does the memorandum of understanding not mean anything?

In March 2008, FERC and Oregon signed a memorandum designed to “coordinate the procedures and schedules for review of wave energy projects.”

Bovett just chuckled.  According to the deal, he said, FERC wasn’t going to issue permits willy nilly. 

Some of the discrepancy over the decision to issue a preliminary permit — which allows OPT to only study the area for feasibility — may be because Oregon hasn’t finished updating its territorial sea plan. The Ocean Policy Advisory Council and the state have been working on it, but the marine reserves issue has dominated the council’s time over the past year.

“This will obviously get everybody’s attention,” Southern Oregon Ocean Resource Coalition Chairman Nick Furman said of FERC’s decision.

That’s putting it lightly.

Whereas the Reedsport and Coos Bay sites are considered by some to be ground zero as far as local communities negotiating with wave energy developers, the Newport site could be ground zero for state vs. federal and agency vs. agency jurisdiction and siting battles.

However, Bovett said, OPT holds the key right now.

The New Jersey-based wave energy developer should withdraw from  the site, he said. Otherwise, years of litigation seem likely — and courts ultimately would have the final say over which agency should be in charge of alternative energy.

“OPT can fix this,” Bovett said. “It’s exactly what they should do.”

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RenewableEnergyWorld.com, January 30, 2009

images4Suzlon Gujarat Wind Park Ltd. (SGWPL), a wholly-owned subsidiary of Suzlon Energy Ltd., has signed a Memorandum of Understanding (MOU) with the state government of Gujarat, India to develop up to 1.5 gigawatts (GW) of new wind capacity in the state.

The MOU builds on the friendly investment climate for the wind sector created by the recent “Amendment of the Wind Policy 2007” announced by the Government of Gujara. Located in the Kutch-Saurashtra region of Gujarat, SGWPL will play the role of developer, facilitating permits, regulatory clearances, land, basic services and infrastructure.

The MOU builds on the friendly investment climate for the wind sector created by the recent “Amendment of the Wind Policy 2007” announced by the Government of Gujarat. This development will create a good investment opportunity for customers and also create a win-win proposition for the company, customers, government and other stakeholders.

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News Release from FERC: March 27, 2008

The Federal Energy Regulatory Commission (FERC) and the state of Oregon have signed a Memorandum of Understanding (MOU) to coordinate procedures and schedules for review of wave energy projects in state waters off the coast of Oregon. This effort will be undertaken in an environmentally sensitive manner, while taking into account economic and cultural concerns.

“I commend the state of Oregon for being a leader in the development of this new source of emissions-free renewable energy,” FERC Chairman Joseph T. Kelliher said. “Their efforts, especially with today’s MOU, are critical to the successful development of hydrokinetic projects in this country. This agreement is a model of how federal and state governments can work together to promote the new energy technologies our country needs.”

“I am pleased but not surprised by the leadership and cooperation shown by the state of Oregon in fostering new hydrokinetic technologies,” Commissioner Philip Moeller said. “It was no coincidence that we held a well-attended meeting in Portland, Oregon, last October to explore modifying the FERC licensing process to encourage these new technologies. I look forward to working with the state and the region as the nation’s search continues for new sources of renewable and emission-free energy.”

The MOU establishes Oregon’s support of FERC’s procedures for a shorter-term, experimental pilot license that ensures environmental, economic and social protections.

With respect to wave energy projects, FERC and Oregon agree that:

* Each will notify the other when one becomes aware of a potential applicant for a preliminary permit, pilot project license or license. This will allow for the start of coordinated efforts to review the project.

* They will agree upon a schedule for processing applications as early as possible. The schedule will include specific milestones for FERC and Oregon to complete their respective processes. They also will encourage other federal agencies and stakeholders to comply with the schedules.

* They, along with the prospective applicant and other participants, will work together to identify potential issues, and to determine what information is needed and what studies must be conducted to permit the Commission and Oregon to undertake required reviews of proposed projects.

* Oregon intends to prepare a comprehensive plan for the siting of wave energy projects in state waters off the coast of Oregon. FERC agrees to consider, to what extent, proposed projects are consistent with the plan.

* Any pilot project license or other license issued by FERC must include conditions to protect and mitigate potential damage to fish and wildlife resource.

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