Bill puts price on turbines
Mar 22 - McClatchy-Tribune Regional News - Ethan Wilensky-Lanford Kennebec Journal, Augusta, Maine
A bill to clarify what wind
energy developers should pay communities that host wind
projects received unanimous support in the Utilities and
Energy Committee on Thursday.
Currently, wind energy projects can earn swifter approval
from regulators if a developer provides "significant
tangible benefits" to a community.
This language was too vague, said Pete Didisheim, advocacy
director of the Natural Resources Council of Maine.
In the bill sent out Thursday, developers would pay $4,000
per turbine, per year to host communities -- in addition to
local property taxes -- for future projects.
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Agencies Sign MOU Establishing "New Approach" to Hydropower, Hydroelectric, and Pumped Storage Facilities
Stoel Rives Energy Law Alert - March 29, 2010
On March 24, 2010, three federal agencies announced a Memorandum of Understanding for Hydropower (the “MOU”) that impacts developers of traditional hydropower, hydrokinetic, pumped storage, and small-scale hydropower facilities. The Department of Energy (the “DOE”), the Department of the Interior (the “DOI”), and the Department of the Army, through the U.S. Army Corps of Engineers (the “USACE”) (collectively, the “Agencies”), signed the MOU to “meet the Nation’s needs for reliable, affordable, and environmentally sustainable hydropower by building a long-term working relationship, prioritizing similar goals, and aligning ongoing and future renewable energy development efforts” between the Agencies. The MOU comes at a time when industry representatives and eleven U.S. Senators are requesting that DOE support a $200 million appropriations request for the advancement of both conventional and advanced waterpower technologies.
In this “new approach to hydropower,” the Agencies intend to focus their collective efforts on advancing sustainable, low-impact, and small hydropower projects and promoting the goal of energy efficiency through water conservation or improved water management. Operating under the MOU, the Agencies will work together to advance four primary objectives:
• Support the maintenance and sustainable optimization of existing federal and non-federal hydropower projects;
• Elevate the goal of increased hydropower generation as a priority of each Agency to the extent permitted by their respective statutory authorities;
Collaboration
To achieve these objectives, the Agencies identified seven initial opportunities for collaboration in the MOU. Each collaborative effort includes particular initiatives and action items to be implemented by the Agency or Agencies “championing” the effort.
1. Federal Facility Energy Resource Assessment, led by the DOE’s Office of Energy Efficiency and Renewable Energy (the “EERE”), the USACE, and the DOI’s Bureau of Reclamation (“Reclamation”). The Agencies will work together to assess unrealized generation capacity at existing USACE and Reclamation facilities. The Agencies will consider powering unpowered dams, installing capacity and efficiency retrofits and upgrades at existing facilities, improving water management practices, and adding pumped storage facilities. The Agencies will also assess the potential effects of climate change on federal hydropower facilities and generation.
2. Integrated Basin-Scale Opportunity Assessments, led by the EERE, Reclamation, and the USACE. In a “new basin-scale approach to hydropower,” the Agencies will collaborate with environmental groups, Indian tribes, hydropower facility owners, federal land management agencies, and other stakeholders to identify ecosystems or river basins where both renewable power generation and environmental sustainability may be increased. The basin-scale studies will both complement ongoing Agency initiatives and serve as a mechanism for assessing opportunities to retrofit existing dams consistent with the overall goals of increasing capacity and improving environmental conditions.
3. Green Hydropower Certification, led by the EERE. By collaborating with states, Indian tribes, nongovernmental organizations, private companies, and other federal agencies, the EERE will review potential criteria that could be used to identify and certify sustainable and environmentally friendly hydropower generation facilities, whether traditional hydropower, hydrokinetic, or pumped storage facilities. The EERE would also use these collaborative efforts to identify those technologies that could be included under state or national renewable portfolio standards.
4. Federal Inland Hydropower Working Group, led by the EERE and the DOI. Through this working group, the DOE, the USACE, the DOI, and other federal agencies will keep each other up to date on the regulation, management, or development of hydropower facilities in the nation’s rivers and streams.
5. Technology Development and Deployment, led by the EERE, the USACE, and Reclamation. This collaborative effort is intended to prevent the duplication of Agency efforts by sharing research and development (“R&D”) efforts and results. By sharing R&D information, the Agencies hope to (1) identify potential areas for collaboration and joint funding and (2) identify possible R&D deployment sites at or near USACE or Reclamation facilities for the DOE or jointly funded technology development projects.
6. Renewable Energy Integration and Energy Storage, led by the EERE and Reclamation. The Agencies see a critical role for hydropower in the integration of intermittent renewable energy technologies into the grid. To determine the scope of that role, the Agencies will (1) conduct feasibility studies to determine whether environmentally sustainable pumped storage sites can be developed at both powered and unpowered USACE and Reclamation facilities and (2) collaborate with industry stakeholders and other federal agencies to determine the amount and distribution of energy storage that will be needed to integrate those intermittent resources.
7. Regulatory Process, led by the EERE, the USACE, and Reclamation. Operating within their existing authority, the Agencies will identify and streamline the most time- and resource-intensive components of the federal permitting process for both federal and non-federal hydropower projects, where appropriate.
The MOU will remain in effect until March 24, 2015.
Potential Next Steps
The Agencies’ commitments to regulatory reform could be significant for non-federal hydroelectric projects licensed by the Federal Energy Regulatory Commission. For example, the DOI could develop measures to streamline consultations under Section 7 of the Endangered Species Act, and Reclamation and the USACE could develop standard contractual language for allowing private development at federal dams. Actions like these could shorten the time necessary to develop new hydropower, hydrokinetic, or pumped storage projects. The National Hydropower Association (the “NHA”) made similar proposals to the Water and Power Subcommittee of the House Natural Resources Committee recently. In its testimony, the NHA highlighted several areas of opportunity specific to the USACE and Reclamation:
• Because the federal hydropower system constitutes approximately 50% of the nation’s capacity, Reclamation and the USACE have a major role in realizing growth in the industry;
• Reclamation should review internal obstacles to development at its non-powered dams, including cost-allocation issues;
• Reclamation should accelerate its program to increase the capacity and efficiency of existing hydro facilities; and
• Reclamation should consider its existing canal system for siting (1) new conduit power and (2) a national test facility for new technologies.
-- This is a publication of the Stoel Rives Hydroelectric Projects Law Group.
http://www.stoel.com