Tide, Wind Power PLANNING AND REGULATION

There's a planning process in other countries.

From RenewEngland.com

September 11, 2009
The Straw Proposal: Offshore Wind and Tidal Power Seek Surer Footing on Maine’s Submerged Lands
Maine’s Ocean Energy Task Force (OETF) Regulatory and Permitting Subcommittee met this Tuesday, September 8th, to discuss a Straw Proposal for a set of recommendations to the full OETF. The Subcommittee chair, State Planning Office (SPO) Director of Coastal Zone Management Planning, Kathleen Leyden, and SPO staffer Todd Burroughs reviewed the proposal with Regulatory Subcommittee members, accepting comments from members of the public. The Subcommittee meeting minutes will be posted at its page on the OETF website.

The Straw Proposal would establish that development of renewable ocean energy resources, including tidal and wind power, is an authorized use of state submerged lands. But some commenters noted that the proposed language requiring "due consideration" and even compensation to be provided by renewable developments for other existing commercial uses, such as fishing, gives commercial fishing a superior right to use of submerged lands, rather than putting renewable resource uses on equal footing with fishing interests. It was noted that the Subcommittee Recommendation to the OETF should include the option that renewable energy projects be recognized as an appropriate use of submerged lands, equal (or even higher) in priority to other uses, given the urgency of the need for renewable energy.

Tidal developers also pointed out that the straw proposal is focused exclusively on wind, and has not taken into account the unique aspects of tidal power projects. DEP and SPO staff indicated that they believe that the Maine Waterways Act is sufficient to regulate tidal power, and that only the submerged lands, tax, and federal state coordination provisions of this proposal would apply to tidal power. Members of the public were encouraged to provide more detailed commentary on this point, especially the unique aspects of the FERC Pilot Project process used for tidal projects.

The Subcommittee has been asked to complete its recommendation on legislation to the OETF by September 15, 2009.

For more information regarding the Straw Proposal or OETF, please contact Lib Butler, Sarah Verville or Chip Ahrens.