Posts Tagged ‘Renewable Energy’

Tidal Power coming to NJ

Written by Mike Pisauro on January 11th, 2009 in Clean Up, Ocean, Renewable Energy, Uncategorized, Wave & Tidal | No Comments »

Tidal power is coming to NJ.  On Dec. 17, 2008, the Federal Energy Regulatory Commission (FERC) granted a preliminary permit to Natural Currents Energy Services (NCES).  The company proposes to install two in stream tidal turbines, in the Manasquan River, to generate approximately 150,000 to 300,000 KW hours of electricity per year.  The electricity would be used to power the Kingsbridge Marina and Kingsbridge Financial Groups buildings in Point Pleasant, NJ.  NCES notes that any excess would be sold back to the grid per NJ’s net metering laws.

The preliminary permit is the first step in a multistep process before permission is granted to install and operate the turbines.  The issuance of a preliminary permit only allows NCES to the study the environmental impacts of the proposed project and will provide priority for NCES’ application for permits to install and operate the project.   The preliminary permit does not allow NCES to actual install the turbines and operate them.  Once the studies are complete than an applicant to apply for a FERC license.

NCES is proposing to study the site’s geology, navigation and local marine ecology during the preliminary permit period.  The study will look at the proposed project’s impact on fish and marine animals between January to December 2009.  For example, NCES is proposing to study the impact of fish passing through the turbines between May and August 2009.   As part of the permit application process various Federal and State agency filed comments to the application.  According to the National Marine Fisheries Service, the proposed project location is habitat for eighteen federally managed species.  Some of these species are: winter flounder, windowpane, Atlantic butterfish, summer flounder, scup, black sea bass, alewife and blueback herring.  NMFS is concerned that the proposed studies are not designed to give adequate data on the impacts of the turbines on the fish populations as it is scheduled for times where some fish are not present.   Therefore, NMFS is suggesting the studies continue for a full year.

Now that the permit has been issued, NCES has 45 days to submit a schedule. They must also submit reports every six months on the project.  Hopefully, FERC and the other interested agencies insure that the applicant crafts the studies to be meaningful and not merely to minimize any possible negative results.  Once all the data is collected then during the licensing process it can be determined whether tidal turbines make sense for this location.

If the site is appropriate it will help NJ meet its class 1 renewable goals of 22.5%.  Wave and tidal generators are classified as Class 1 renewable energy.  It is interesting that while this permit had been filed during NJ’s energy master plan process, there is barely any mention of wave or tidal energy as part of the recently issued EMP.   What role should tidal power have or can have in NJ?  Also, should NJ encourage these kind of projects in the State and if so how?

U.S. somehow is #1 for wind energy

Written by Mike Pisauro on December 31st, 2008 in legislation, Renewable Energy, Wind | No Comments »

The American Wind Energy Association noted in their 2008 Year End Review that the United States is #1 for wind energy production.  We as of September 2008 produce more than 21,000 megawatts of electricity from wind turbines.  AWEA’s news release is here.  Given the Bush administration’s lack of interest in renewable energy and the almost expired tax credits for renewable energy, this is fairly amazing.

With President Elect Obama’s professed support for renewable energy and NJ’s goal of 30% of our electricity coming from renewable sources in our new energy master plan, I hope NJ and the rest of the Country can improve on this milestone.  Given local opposition to the installation of wind turinbes in New Jersey I do have my doubts whether NJ will be a leader in wind energy.  That opposition comes from towns and individuals seeking to ban wind turinbes or objecting to their installation.  There is at least on bill in the legislature which would make it somewhat easier for a person or business to install wind turbines on their property but that bill cannot get a hearing in an Assembly committee and does not seem to be moving in the Senate either.

I have hopes, but I am not holding my breath.    Hopefully 2009 brings better things.

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.

People support renewable energy

Written by Mike Pisauro on December 2nd, 2008 in Renewable Energy | No Comments »

I saw a recent entry on the Environmental Law Prof. Blog regarding renewable energy (link).  The blog discusses a report from the World Public Opinion. org.  According to the WPO a majority of people support renewable energy  including a requirement that utilities generate renewable energy.  This is good news as it means that there is support for Renewable Portfolio Standards.  New Jersey has a very progressive RPS and is looking to improve upon that with its Energy Master Plan.  As I wrote earlier, NJ is seeking to increase its RPS from 22.5% by 2020 to 30% by 2020.  (link).  Hopefully, this report also provides some support for a Federal RPS, which President-elect Obama has indicated that he supports.

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.

My article on Renewables and Land Use Law published

Written by Mike Pisauro on August 28th, 2008 in Renewable Energy, Uncategorized | No Comments »

My article, “Renewables and Land Use Law” was recently published in the American Bar Association’s Natural Resources & Environment journal, Vol. 23, Number 1, Summer 2008. The article examines how governmental goals of increasing renewable energy are sometimes hamper by how land use laws treat renewable energy. I hope to have a copy of the article on my Firm’s website soon.

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.

State takes another step to promote renewable energy

Written by Mike Pisauro on June 10th, 2008 in legislation, Renewable Energy | No Comments »

Yesterday, the Senate Economic Growth committee passed three bills that will have a positive impact on the adoption of renewable energy in this State. While these bills do not put into the place the true policies that we need in order to move us from fossil fuels to renewables, it is better than nothing.

S1299 revises the State’s land use law by providing that solar and wind facilities are permitted use in all industrial zones where there are 20 acres or more. This is a step forward as prior to this bill, a town could zone its jurisdiction in such a way that wind and solar facilities were not permitted. Once these renewable systems are not permitted anyone who wanted to install the systems would have to apply to the township for a variance. Variances can very quickly become expensive, time consuming, and the outcome of the application is somewhat questionable.

S1303 adds a definiation to our land use laws. In order to obtain a “D” variance an applicant would have to show that their project is inherently beneficial, that it does not negatively impact the public good and does not substantially impair the municipality’s zone plan and zoning ordinances. Our current land use law has never defined the term -inherently beneficial. This bill codifies the term and provides that solar and wind systems are considered to be inherently beneficial. Again this is a step forward. It would be much better not to have to go for a variance, but if you do it is nice that part of your proofs are given to you by the State legislature.

S1538 would allow a farmer, who has sold his development rights to the State so that the farm is preserved under the farmland preservation program, to install solar or wind facilities for their own use. The farmer could also enter into an agreement with a third party for that third party to build the renewable energy system on the farmers property and the energy could be sold to the grid. Both scenerios are permitted as long as the renewable energy system does not substantially impact agricultural use of the property. The bill then goes one step further by stating that the right to install renewable energy systems is a agricultural activity; therefore, it is protected under the Right To Farm act.

These three bills again move us one step closer to a true policy that promotes renewable energy without the state. Hopefully we will quickly take the remaining steps.

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.

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