On October 28, 2011, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit) vacated and remanded the Federal Aviation Administration’s (“FAA”) “No Hazard” determinations for the Cape Wind Associates’ proposed wind farm off of the Nantucket Sound (“Cape Wind project”). The DC Circuit ruling is another major setback to the Cape Wind project that had its loan program put on hold earlier this year by the Department of Energy (see May 23, 2011 edition of the WER).
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DOE Puts Cape Wind Loan On Hold
On May 13, 2011, the Director for Cape Wind Communications announced that the Department of Energy (“DOE”) has placed the Cape Wind Project loan guarantee application “on hold.”
Interior Issues Final Approval for Cape Wind Project
On April 19, 2011, Ken Salazar, the Secretary for the U.S. Department of Interior (“Interior”) announced that the Cape Wind Energy Project’s Construction and Operation Plan (“COP”) received approval from the Bureau of Ocean Energy Management, Regulation and Enforcement (“BOEMRE”).
Interior Announces Federal Lease Off Delaware Coast for Offshore Wind to NRG
On October 23, 2012, the Department of Interior (“DOI”) announced that the Bureau of Ocean Energy Management (“BOEM”) will lease 96,430 acres of federal waters off the coast of Delaware to NRG Bluewater Wind Delaware LLC (“NRG”). The lease is the first under DOI’s “Smart from the Start” initiative, which aims to streamline the process for developing wind in the Outer Continental Shelf (“OCS”) by identifying areas for wind development through a “coordinated environmental analysis, public review and large-scale planning.”
Interior Secretary Ken Salazar Signs the First Lease for Commercial Wind Energy Development on the Outer Continental Shelf
On October 6, 2010, Secretary Salazar and Cape Wind Associates, LLC signed the first lease for commercial wind energy development on the Outer Continental Shelf (“OCS”), the Cape Wind Project. The Cape Wind Project has 130 planned wind turbines which could then create up to 468 megawatts, with an average output of 182 megawatts. The Cape Wind Project could power over 200,000 homes in Massachusetts, roughly 75 percent of electricity demand in Cape Cod, Martha’s Vineyard, and Nantucket Island. The lease for the Cape Wind Project is for 28 years and will cost Cape Wind Associates a 2 to 7 percent operating fee while in production which equals $88,278 a year.
Executive Summary of FERC’s Notice of Proposed Rulemaking regarding the Public Utility Regulatory Policies Act of 1978
Summary of NOPR
On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to revise its regulations implementing Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA) in light of changes in the energy industry since 1978.[1]