Archive for the ‘Ocean’ Category

Another Wave Project Coming to New Jersey

Written by Mike Pisauro on December 6th, 2008 in Ocean, Renewable Energy | 1 Comment »

A company called Grays Harbor Ocean Energy Company, LLC has filed an application with the Federal Energy Regulatory Commission (FERC) for a wave energy project off of the coast of New Jersey.    I want to thank EnviroPolitics Blog for pointing out the application.

Grays Harbor is applying for permission to install 100 Wave Energy Converters (WEC) of the coast of New Jersey.   Each WEC would generate 1 megawatt each.  They are planned somewhere between 12 to 25 miles of Atlantic City in Federal waters.  The power cables would then feed in to the grid for use by A.C. and New Jersey in general.  This would be the second WEC project off of the coast of Atlantic City.   One of the very interesting things about the application is Grays’ proposal that they be granted additional power generation so that Grays can install wind turbines on the WECs down the line.  This would increase the generation capacity of the facility.

According to Grays Harbor application they plan to do their environmental studies in 2009 and then apply for a 5 MW five year FERC license by 2010.  The first phase of the project would be installed in 2011.  They proposed to then apply for a FERC license for the full 100 MW and install it by 2016.  The total project is expected to cost $400 to $600 million.

Another interesting aspect of Grays Harbor proposal is that it seems to be part of a larger plan that Grays Harbor is pursuing concurrently.

I will have to take a look at the application a little more closely and Grays Harbor.  Also, I have not seen much from New Jersey on the application.


DEP's Beach Access Rules all washed up.

Written by Mike Pisauro on November 27th, 2008 in Courts, Ocean | No Comments »

Last week the New Jersey Appellate Division invalidated at least part of the Department of Environmental Protection’s beach access rule.  The rules, adopted in 2007, required coastal towns that provide unrestricted access to the beach.  Towns that seek shore protection funds are required to provide parking spaces and restroom facilities close to the beach.

The Borough of Avalon and others sued DEP alleging that the beach access rules were beyond the authority of the Department.  DEP argued the beach access rules were authorized by the public trust doctrine, Coastal Area Facility Review Act (CAFRA), and the Shore Protection Fund Act.  The Appellate Division found DEP’s basis for authority to be unpersuasive and invalidated the Public Access Rules.  This is somewhat startling given that the Courts give all due deference to the agencies and presume that the rules are valid and reasonable.

In invalidating the rule, the Court noted that township may close public facilities, including beaches, at times when use of the public facility may pose a threat to public safety.   Township’s further have the legal authority to implement reasonable “regulations as to the use and enjoyment of the beach.”  This right of the township is not inconsistent with the public trust doctrine according to the Court.  The Court then compared this broad right with DEP’s narrower authority to control the beaches.  The Judges found no basis in the law or the Public Trust Doctrine for the DEP to interfere with this township right.

The Court made short work of DEP’s argument that CAFRA provided the authority to implement the rules.  CAFRA provides DEP authority to regulate certain land use applications, including development of greater than 24 units;  developments on the dunes etc.  The Court found absolutely no authority under CAFRA for the rules.

Lastly, the Court noted that the Shore Protection Fund statute only authorized the DEP to develop a ranking system for shore protection projects and recommend projects to the legislature.  NJSA 13:19-16.2(a).  It is then up to the Legislature to enact the actually funding of non-emergency shore protection funding.  According to the Court, northing in the statute gave DEP authority to place obligations upon township in exchange for these funds.

At this time it is not clear whether the DEP will seek certification to the New Jersey Supreme Court.  The real solution is for the legislature to pass a bill authorizing DEP to implement the regulations.  Given that the State has already enacted a bill delaying the implementation of the beach access rules’ application to marinas, such a result is very unlikely.


Offshore wind, renewable energy and carve outs

Written by Mike Pisauro on November 18th, 2008 in Clean Up, Ocean, Politics, Renewable Energy | 1 Comment »

New Jersey, as does many other states, has a renewable energy portfolio standard (RPS).  This requires utilities to either generate a certain percentage of the energy used in the state from renewable sources or to pay others to generate that electricity from renewable sources.  This payment is in the form a renewable energy credits (RECs).  People and companies that have wind turbines or solar panels (among other sources) create RECs for each megawatt of electricity that is generated.  These RECs are then purchased by the utilities to fulfill their RPS obligations.

Currently NJ requires that 22.5% of electricity comes from renewable sources by May 31, 2021.  Because the BPU and the State of New Jersey want to encourage the development of solar energy, the RPS has a carve out for solar energy.  By May 31, 2021 2.12% of our electricity must come for solar systems.  The remainder of the 20.38% is required to come from Class I and Class II renewables.  Wind and solar are examples of Class I.  Hydro and resource recovery facilities are examples of Class II systems.

Two things are occurring that will change this landscape.  First, the energy master plan seeks to increase the RPS requirements.  The RPS will be increasing to 30% once BPU proposes new regulations to implement the EMP.  Again, there will be a carve out for solar energy.  Under the EMP the state is expecting 2,120 gwh of solar energy which is an increase of gigawatts.  The State is also seeking 3000 MW from offshore wind by 2020.

The second new event is that the BPU is considering a carve out for offshore wind.  This would make two class I carve outs.  BPU is looking to see whether it is feasible or advisable for there to be a carve out to encourage offshore wind farms so that the EMP’s goals of 1,000 MWs can be reached by 2012 and 3,000 by 2020.  BPU is setting up a stakeholder process to determine whether if to set up a carve our; how to set up a carve out, what the schedule for the RPS should be and other factors.  A copy of the BPU’s order is here.

The solar carve out is probably a major factor in NJ being the second in the nation in energy generated from solar systems.  California is number one.  The question is can a carve out for offshore wind accomplish the same thing.   Also, is a carve out even necessary?


New Jersey Offshore Wind

Written by Mike Pisauro on October 14th, 2008 in Global Warming, Ocean, Renewable Energy | No Comments »

On Friday, October 3rd, the State came took a first, small step closer to its goal of having an offshore wind farm.  BPU announced that it has awarded a $4 million dollar grant to Garden State Offshore Energy for its proposal.  Garden State Offshore Energy proposed to build a 345.6 megawatt farm about 16 miles off the coast of Atlantic City.  This grant is the result of the State’s blue ribbon panel on offshore wind.  The panel recommended back in April 2006 that the State should seek a pilot program of up to 350 megawatts.  The panel’s recommendation was the result of a December 23, 2004 executive order setting up the panel and placing a moratorium on off-shore wind until the panel made its recommendations.  ( I am going to have to do a longer more comprehensive entry on the panel’s recommendations at a later time.)

Then on Monday October 6th, the Governor came out with an amazing announcement.  The State has announced that it is going to be the leader in offshore wind within the United States.  According to the Governor:

“Today, I am announcing that we’re not just doubling our commitment, we’re tripling it. New Jersey will support and encourage the development of 3,000 MW of wind power off its coast by 2020, which will be 13 percent of its total electricity. And we will get to 1,000 MW by 2012.”

While the Governor. in the original press release from BPU, called New Jersey a leader in renewable energy, that claim was strengthened by his announcement three days latter.  It seems that NJ is a leader on offshore wind at least on paper.  What this means is that of the five companies that submitted proposals to the BPU for offshore wind, at least two more companies will get a chance to move forward and start the lengthy process of siting, permitting and installing wind farms.  This is a major commitment to renewable energy.

There still many obstacles that must be overcome before the first monopole is placed in the seabed.  There are too many people who do not want a wind farm off of our coast because of its “visual pollution,” possible impacts on the tourist economy, or for some other reason.

The Governor’s announcement also changed the game somewhat.  The original proposal of the Blue Ribbon Panel was to begin with a pilot program.  What the Governor has announced is not a pilot program but a bold and necessary vision of the future.  Instead of installing 350 megawatts of offshore wind the goal is 1,000 megawatts by 2012 and 3,000 megawatts of renewable energy by 2020.  We need to install as much renewable energy as possible if we are have any chance of meeting the State’s goal of reducing our greenhouse gas emissions by 20% by 2020.  This is a very good start.  I hope that this not a greenwashing moment but a true committment by this administration.


I'm missing something with offshore drilling

Written by Mike Pisauro on August 17th, 2008 in Ocean, Sustainability | No Comments »

The hot topic of offshore drilling seems to be an almost daily topic in the news. Two weeks ago, I came across a poll by the Monmouth University/Gannet New Jersey Poll on offshore drilling that got me thinking about this blog. The poll can be found here. A few days later, I read an article by New York Times columnist, Paul Krugman entitled “Can this planet be saved?” And here is what I do not understand…

The current Bush administration, the Republican party and its Presidential hopeful, John McCain, are calling for the lifting of the moratorium on offshore drilling, hailing it as the way to address the country’s energy needs and to reduce gasoline prices. Based upon the Monmouth University Poll it seems like a lot of people agree with them – sort of. According to the poll, 56% of the respondents support drilling for oil off the coast of New Jersey and, while this is not an overwhelming percentage, it is still the majority response. Now, here is where I get confused, while a majority of the respondents seem to support drilling, less than half of them think that it will have any real impact on the price of gasoline. These statistics are right in line with what Krugman wrote. He noted that merely saying that offshore drilling will relieve gas prices seems to be swaying public opinion. McCain is using the argument to brand his critics as the cause of the high gas prices we all feel when we go to fill up the tank.

The reality is that any resulting decrease in the price of gasoline is at least a decade away and even then, for all real purposes, it will be an insignificant decrease. The Energy Information Agency, which is the government agency in charge of monitoring and projecting our energy needs – including gasoline- has said that opening up our outer continental shelf to drilling will have little impact on the price of gasoline. It clearly will have no immediate impact.

Tourism is one of the top industries in New Jersey and it is vital to our economy. In 2007, the Tourism industry brought in almost 38 billion dollars – and a large part of that revenue came from the visitors to the shore region. Forgetting for a minute any environmental impact of off shore drilling, why should we risk damaging a very real and profitable economic sector when the potential rewards are almost negligible? The recent spill on the Mississippi River caused huge economic damage as over 200 ships were delayed in reaching their destination until the oil could be cleaned from the river. The Mississippi incident spilled 419,000 gallons of oil. The infamous Exxon Valdez spilled 10.8 million gallons of oil into the ocean and affected 11,000 square miles of ocean and adjacent shore. Even though the Valdez spill was 19 years ago the environmental effects are still being felt.

Can you imagine what an oil slick at the mouth of the Delaware or along our coast would do to the ports in N.J. and Philly? What would happen to all of the hotels, restaurants, and other businesses along our coast that rely on tourists’ dollars?

Here is another point of confusion. Oil companies are posting record profits and a large percentage of existing on and offshore leases held by those oil companies are not even being used. The reduction in gas prices resulting from new off shore drilling will not be felt for a decade or more and will, in fact, only amount to a penny or two. A spill, however, could potentially devastate one of the most important economic generators in the state. But we must open up even more areas for drilling and cannot force companies that already have leases but are not using them to put them into production.

Given all of this, why are so many people are falling for the rhetoric? And how do we turn the tide?


Another shorted sighted solution that solves nothing

Written by Mike Pisauro on July 14th, 2008 in Ocean, Renewable Energy | No Comments »

Today, President Bush decided he will solve our pain caused by higher fuel costs by taking an action that will do very little to actually reduce fuel costs and that reduction will be a decade or longer away. Today, President Bush eliminated the executive prohibition against the exploitation of our outer continental shelf. for oil and gas. He blames the democratic congress for the increased oil prices.

The problem is that according to the Energy Information Agency (full report):

The projections in the OCS access case indicate that access to the Pacific, Atlantic, and eastern Gulf regions would not have a significant impact on domestic crude oil and natural gas production or prices before 2030. Leasing would begin no sooner than 2012, and production would not be expected to start before 2017. . . . Similarly, lower 48 natural gas production is not projected to increase substantially by 2030 as a result of increased access to the OCS.

So it may be several presidents away before we would see this great benefit and in the meantime we would continue to pay $4+ a gallon for gasoline. This really doesn’t sound like much of a solution to me.

Then even when we begin to see production from these offshore oil rigs, will it really reduce our cost of oil? Again a look at the EIA indicates the answer would be no. In fat the EIA wrote:

In 2030, the OCS access case projects a decrease of $0.13 in the average wellhead price of natural gas (2005 dollars per thousand cubic feet), a decrease of 250 billion cubic feet in imports of liquefied natural gas, and an increase of 360 billion cubic feet in natural gas consumption relative to the reference case projections.

So if I get this right, in 22 years we can expect the cost of gasoline to decrease by 13 cents? That really doesn’t seem like a great deal to me. This also doesn’t at all discuss or address why many leases for both offshore and land based facilities are not in production. Also, opening up more areas for drilling does not prevent all of that oil being sold to other countries. In 2007 over 510 million barrels of U.S. oil was sold to other countries.

What we need are real solutions and not unproductive rhetoric. If President Bush was serious when he stated in 2006 that we are addicted to oil, then the solution is not to feed the habit.


MMS issues draft rules for offshore renewable energy facilities

Written by Mike Pisauro on July 9th, 2008 in Ocean, Renewable Energy | No Comments »

New Jersey undertook a blue ribbon panel process from 2004 to May 2006 to examine the issues surrounding the wind farms off the coast of New Jersey. The panel proposed a limited test pilot program of not more than 350 megawatts of energy. The State then went forward and put out to bid a request for proposals for the test program. Five entities have bid on that request. Simultaneousto that bidding process, DEP has set up a baseline study of the habitat in the possible pilot areas from the coast outwards for 20 nautical miles.

The pilot wind farm is anywhere from 3 miles off the coast to 16 or more miles of the coast of New Jersey. Anything outside of three miles becomes the jurisdiction of the federal government. Right now there are no rules setting for the standards and procedures for obtaining the leases and permits necessary for an off-shore wind facility. Over two years after the proposed regulations were due under the Energy Policy Act of 2005, MMS has proposed the regulations. Carolyn Elefant wrote about the 462 page proposal on her blog: RenewablesOffshore (here) and gave a brief overview of the proposal. These rules will be vital to the ability of any of the five bidders to actually implement the pilot program. Also, as the State’s energy master plan’s goal of 1000 mw of off-shore wind generation.
I hope to give them a read myself and hopefully will provide more details in a later post.


Shore11 website

Written by Mike Pisauro on July 7th, 2008 in Blogroll, Ocean | No Comments »

A new website has been launched. Shore11.org provides information regarding environmental news involving the shore, real time beach conditions and other information including blogs. The site is run by Benson Chiles and is sponsored by Environmental Defense Fund and the NJ Coastal Ocean Coalition. It should provide a good resource on what is going on or not going on at the Shore. You can find Shore11 on my blog roll or click here.


Red Knot shown the road to extinction by New Jersey Council

Written by Mike Pisauro on February 13th, 2008 in Ocean | No Comments »

I attended the New Jersey Marine Fisheries Council meeting on Monday February 11th.  At the meeting the council decided whether to adopt a DEP proposal to continue the moratorium on the harvesting of horseshoe crabs.  The moratorium is proposed in to ensure there are enough eggs for the Red Knot to eat.  The Red knot is an amazing bird that flies from the southern tip of South America to the Arctic.  During this amazing journey they stop over in the Delaware Bay area for a couple of weeks to recoup from the journey and prepare for the next step.

 

Once leaving their homes in South America, the Red Knots lose all of their fat stores and up to thirty percent of their muscle weight before they reach the Delaware Bay.  Once in the Delaware Bay the Red Knots feed on the horseshoe crab eggs for approximately two weeks in order to replenish their bodies.  After this brief layover the red knot continues to the Arctic Circle where they breed.  The Department of Environmental Protection’s scientists believe that the Red Knot needs at least 50,000 horseshoe crab eggs per square meter while currently there are only 2,000 eggs per square meter.  In short, the horseshoe crab population has declined over a period of years thus resulting in fewer eggs.  The decrease in horseshoe crab eggs has contributed to the decline in the red knot.  If there are not enough eggs for the red knot to feed on the birds do not gain enough weight to successfully make the last leg of their journey to the Arctic Circle.

 

The Red knot is a species that is protected under the migratory bird treat and is a species that in 2006 the Fish and Wildlife Service said met the requirements for being listed as an endangered species, but due to a lack of funds and other priorities the FWS would not list the species.  This demonstrates a problem with the implementation of the Endangered Species Act.  The government should fully fund it, but they are not.  This leaves many species out in the code waiting to be listed as threatened or endangered.  The red knot does not have the time to wait as some experts believe that the red knot may begin down the road of extinction in 2010.

 

Unfortunately the Marine Fisheries Council decided to ignore the science, ignore the expertise of the State’s Department of Environmental Protection and placed the future of the red knot in jeopardy.  The council rejected the moratorium.  Since the Council has rejected the moratorium, there will be no moratorium.  Male horseshoe crabs will be harvested which likely impact the number of eggs that can be fertilized and ultimately the amount of food available to the red knot and other shore birds.  This is another example of how sound science gets ignored, proper management of our natural resources are disregarded and we all will lose out.

 

If you would like more information regarding this issue click here to go to the NJ Audubon Society’s web page.


NJ has new environmental legislation- Part I

Written by Mike Pisauro on January 16th, 2008 in Clean Up, Global Warming, Ocean, Recycling, Renewable Energy | No Comments »

The Governor has recently signed new legislation dealing with the environment. Some of it is good and some of it is not so good. The following are the bills he has signed over the last couple of days:

Electronic Waste Recycling Act. Generally this law requires that computers, tv, monitors and some other electronic devices are recycled and not thrown away.

Certification program for renewable energy. P.L. 2007 c. 264. The law requires BPU to set up a certification program for installers of renewable energy systems.

State Green Buildings. P.L. 2007, c.269. The law requires all new governmental building of at least 15,000 square feet to meet either the silver rating from the Leadership in Energy and Environmental Design Green Building Rating System or two globes from th Green Globes Program.

Site remediation notice. P.L. 2007, c.276. The bill requires those performing site remediation to provide written notice to the county health department and local health agency. Also these agencies and municipality to request a copy of the remediation action work plan.

Public notice for shore protection projects. P.L. 2007, c.278. Requires DEP to hold a public meeting for comments on shore protection programs once the feasibility study is complete.

NJ Coastal and Ocean Protection Council. P.L. 2007, c.288. For more info see link.

Net Metering. P.L. 2007, c.300. Provides net metering to not only residential but industrial and large commercial customers. Also increases that amount of energy produced from renewable energy from 0.1% to 2.5% of the State’s peak energy level before a utility may cease providing for net metering.

Recycling Enhancement Act. P.L. 2007, c.311. The law reasserts the State’s commitment to recycling and funds municipal and county recycling programs through a $3.00 per ton charge on solid waste facilities.

There are several more bills which I will write about shortly.