[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30551-30555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12485]
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DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2012-0009]
Commercial Renewable Energy Transmission on the Outer Continental
Shelf (OCS) Offshore Rhode Island, Notice of Proposed Grant Area and
Request for Competitive Interest (RFCI) in the Area of the Deepwater
Wind Block Island Transmission System Proposal
AGENCY: Bureau of Ocean Energy Management, Department of the Interior.
ACTION: Public Notice of an Unsolicited Request for a Transmission
Cable Right-of-Way Grant Supporting Renewable Energy, Request for
Submission of Indications of Competitive Interest, and Request for
Public Comment.
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SUMMARY: The purpose of this public notice is to: (1) Describe the
Deepwater Wind Block Island LLC (Deepwater Wind) Transmission System
(BITS) proposal submitted to the Bureau of Ocean Energy Management
(BOEM); (2) solicit submissions of indications of competitive interest
for a right-of-way (ROW) grant for renewable energy purposes for the
area identified in this notice; and (3) solicit public input regarding
the proposal, its potential environmental consequences, and other uses
of the area in which the proposal would be located.
On November 30, 2011, BOEM received an application from Deepwater
Wind for a ROW grant on the OCS offshore Rhode Island. Deepwater Wind's
proposed project, the BITS, would entail the construction and
installation of a bi-directional submerged transmission cable between
Block Island and the Rhode Island mainland. Deepwater Wind has
requested a ROW grant for the portion of the BITS cable that is
proposed on the OCS. Deepwater Wind proposes that the BITS would serve
two purposes: (1) Transmit electrical power from Deepwater Wind's
proposed 30 megawatt (MW) offshore wind energy project located in Rhode
Island State waters off Block Island to the Rhode Island mainland; and
(2) transmit electrical power from the existing transmission grid on
the Rhode Island mainland to Block Island.
This RFCI is published pursuant to subsection 8(p)(3) of the OCS
Lands Act, as amended by section 388 of the Energy Policy Act of 2005
(EPAct) (43 U.S.C. 1337(p)(3)), and the implementing regulations at 30
CFR part 585. Subsection 8(p)(3) of the OCS Lands Act requires that OCS
renewable energy leases, easements, and rights-of-way be issued ``on a
competitive basis unless the Secretary determines after public notice
of a lease, easement, or right-of-way that there is no competitive
interest.'' This RFCI provides such public notice for the proposed ROW
grant area requested by Deepwater Wind and invites the submission of
indications of competitive interest. BOEM will consider the responses
to this public notice to determine whether competitive interest exists
for the area requested by Deepwater Wind, as required by 43 U.S.C.
1337(p)(3). Parties wishing to obtain a grant for the area requested by
Deepwater Wind should submit detailed and specific information as
described in the section entitled, ``Required Indication of Interest
Information.'' This announcement also requests that interested and
affected parties comment and provide information about site conditions
and existing and future uses of the area identified in this notice that
would be relevant to the proposed project or its impacts. The
information that BOEM is requesting is described in the section
entitled, ``Requested Information from Interested or Affected
Parties.''
DATES: If you are submitting an indication of interest in acquiring a
ROW grant for the area requested by Deepwater Wind, your submission
must be sent by mail, postmarked no later than June 22, 2012 for your
submission to be considered. If you are providing comments or other
submissions of information, you may send them by mail, postmarked by
this same date, or you may submit them through the Federal Rulemaking
Portal at http://www.regulations.gov, also by this same date.
Submission Procedures: If you are submitting an indication of
competitive interest for a ROW grant, please submit it by mail to the
following address: Bureau of Ocean Energy Management, Office of
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia
20170. Submissions must be postmarked by June 22, 2012 to be considered
by BOEM for the purposes of determining competitive interest. In
addition to a paper copy of your submission, include an electronic copy
on a compact disc. BOEM will list the parties that submit indications
of competitive interest in the area requested by Deepwater Wind on the
BOEM Web site after the 30-day comment period has closed.
If you are submitting comments and other information concerning the
proposed grant area, you may use either of the following two methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. In the
entry titled ``Enter Keyword or ID,'' enter BOEM-2012-0009, and then
click ``search.'' Follow the instructions to submit public comments and
view supporting and related materials available for this notice.
2. Alternatively, comments may be submitted by mail to the
following address: Bureau of Ocean Energy Management, Office of
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia
20170.
If you wish to protect the confidentiality of your submissions or
comments, clearly mark the relevant sections and request that BOEM
treat them as confidential. Please label privileged or confidential
information ``Contains Confidential Information'' and consider
submitting such information as a separate attachment. Treatment of
confidential information is addressed in the section of this notice
entitled, ``Privileged or Confidential Information.'' BOEM will post
all comments on regulations.gov unless labeled as confidential.
Information that is not labeled as privileged or confidential will be
regarded by BOEM as suitable for public release.
FOR FURTHER INFORMATION CONTACT: Ms. Jessica Bradley, Project
Coordinator, BOEM, Office of Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia 20170, (703) 787-1300.
SUPPLEMENTARY INFORMATION:
Purpose of the RFCI
Responses to this public notice will allow BOEM to determine,
pursuant to 30 CFR 585.306, whether or not there is competitive
interest in acquiring the ROW area requested by Deepwater Wind as
described in this notice. In addition, this notice provides an
opportunity for interested stakeholders to provide comments on the
Deepwater
[[Page 30552]]
Wind ROW request, including information relating to potential
environmental consequences.
If, in response to this notice, BOEM receives one or more
indications of competitive interest for offshore transmission
development from qualified entities that wish to compete for the
proposed BITS ROW grant area, it may decide to move forward with the
ROW grant issuance process using competitive procedures pursuant to 30
CFR Part 585. However, if BOEM receives no qualified competing
indications of interest, BOEM may decide to move forward with the ROW
grant issuance process using the noncompetitive procedures contained in
30 CFR Part 585. Should BOEM decide to issue a ROW grant in the area,
whether competitively or non-competitively, it may provide the public
with additional opportunities to comment.
Background
Energy Policy Act of 2005 (EPAct)
The EPAct amended the OCS Lands Act by adding subsection 8(p),
which authorizes the Secretary of the Interior to grant leases,
easements, and ROWs on the OCS for activities that are not otherwise
authorized by law and that produce or support production,
transportation, or transmission of energy from sources other than oil
or gas. The EPAct also required the issuance of regulations to carry
out the new authority pertaining to renewable energy on the OCS. The
Secretary delegated this authority to issue leases, easements, and
ROWs, and to promulgate regulations, to the Director of BOEM. On April
29, 2009, BOEM promulgated renewable energy regulations, at 30 CFR Part
585, which can be found at: http://www.boem.gov/uploadedFiles/FinalRenewableEnergyRule.pdf.
Executive Order 13547: Stewardship of the Ocean, Our Coasts, and the
Great Lakes
In July 2010, the President signed an Executive Order (EO)
establishing the National Ocean Council. The EO establishes a
comprehensive, integrated national policy for the stewardship of the
oceans, our coasts and the Great Lakes. Where BOEM actions affect the
ocean, the EO requires BOEM to take such action as necessary to
implement this policy, the stewardship principles and national priority
objectives adopted by the EO, and guidance from the National Ocean
Council.
BOEM appreciates the importance of coordinating its planning
endeavors with other OCS users and regulators and intends to follow the
ecosystem-based management principles of coastal and marine spatial
planning, and coordinate with the regional planning bodies as
established by the National Ocean Council to inform its leasing
processes. BOEM anticipates that continued coordination with the BOEM
State Renewable Energy Intergovernmental Task Forces will help inform
comprehensive coastal and marine spatial planning efforts.
BOEM Rhode Island Renewable Energy Intergovernmental Task Force
BOEM established the BOEM Rhode Island Renewable Energy
Intergovernmental Task Force (Task Force) in November 2009, at the
request of the Governor, to facilitate coordination among affected
Federal agencies and state, local, and tribal governments relating to
renewable energy development on the OCS offshore Rhode Island. BOEM has
coordinated with the Task Force on potential commercial wind energy
development within an Area of Mutual Interest established through a
July 2010 Memorandum of Understanding between the Governors of Rhode
Island and Massachusetts. BOEM coordination efforts to date with the
Task Force and meeting materials are available on the BOEM Web site at:
http://www.boem.gov/Renewable-Energy-Program/State-Activities/Rhode-Island.aspx.
Determination of Competitive Interest and Granting Process
BOEM will evaluate indications of competitive interest for the ROW
grant area requested by Deepwater Wind to install cables for the
transmission of electricity and will determine whether there is
competitive interest in accordance with 30 CFR 585.307. At the
conclusion of the comment period for this public notice, BOEM will
review the submissions received and undertake a completeness review and
a qualification review to make this required determination.
Under BOEM's regulations at 30 CFR 585.302(b)(1), the rights
accorded in a ROW grant do not prevent the issuance of other rights in
the same area, provided that any subsequent ROW grant issued by BOEM in
the area of a previously-issued ROW grant does not unreasonably
interfere with activities approved under the previously-issued ROW
grant. BOEM may find that competitive interest exists if it receives a
proposal to acquire an OCS ROW grant that matches the proposed grant
area.
If BOEM determines that competitive interest exists, it may decide
to proceed with the competitive granting process outlined in 30 CFR
585.308. If BOEM determines that there is no competitive interest in
the proposed grant area, it will publish in the Federal Register a
notice that there is no competitive interest. At that point BOEM may
decide to proceed with the noncompetitive grant issuance process
pursuant to 30 CFR 585.306(b), and Deepwater Wind would be required to
submit a General Activities Plan (GAP). Whether following competitive
or noncompetitive procedures, BOEM will consult with the Task Force and
will comply with all applicable requirements prior to making a decision
on whether or not to issue a grant and/or GAP approval, disapproval, or
approval with modifications. BOEM would coordinate and consult, as
appropriate, with relevant Federal agencies, affected tribes, and
affected state and local governments, in issuing a grant and developing
grant terms and conditions.
Environmental Review Process
The U.S. Army Corps of Engineers (USACE) New England District and
BOEM both have jurisdiction by law for portions of the BITS. The BITS
would support Deepwater Wind's proposed Block Island Wind Farm (BIWF),
a proposed 30 MW offshore wind energy project located in Rhode Island
State waters approximately 2.5 nautical miles (nmi) southeast of Block
Island. Since the majority of the activities and permanent structures
related to the BIWF and the BITS will be sited in state waters and on
state lands, the USACE will be the lead agency for the NEPA
environmental analysis of both projects. BOEM has jurisdiction for the
portion of the BITS that will be located on the OCS, for which it
requires issuance of a ROW grant, and will be a cooperating agency in
the NEPA process led by the USACE. BOEM will consider all relevant
information produced from the NEPA process and, if appropriate, adopt
the USACE's NEPA document prior to the issuance of any ROW grant.
BOEM and the USACE intend to conduct consultations required by
Federal law jointly during the NEPA process. These consultations
include, but are not limited to, those required by the CZMA, the ESA,
the Magnuson-Stevens Fishery Conservation and Management Act, the NHPA,
and Executive Order 13175--``Consultation and Coordination with Tribal
Governments.''
[[Page 30553]]
Description of the Proposal
Deepwater Wind proposes to construct and install a 34.5-kilovolt
(kV) alternating current (AC) bi-directional submerged transmission
cable between Block Island and the Rhode Island mainland. Deepwater
Wind proposes that the BITS would: (1) Transmit electrical power from
Deepwater Wind's proposed BIWF to the Rhode Island mainland; and (2)
transmit electrical power from the existing transmission grid on the
Rhode Island mainland to Block Island. Deepwater Wind proposes to
connect an onshore substation on Block Island (New Shoreham, Rhode
Island) northeast approximately 19.2 nmi to an onshore substation in
South Kingstown, Rhode Island, or an additional approximately 7 nmi to
an onshore substation in Narragansett, Rhode Island. Deepwater Wind is
requesting a ROW grant for a 200-foot corridor associated with an 8 nmi
portion of the BITS that is on the OCS.
All cables would be installed in a manner that considers factors
such as the type of seafloor (hard bottom or soft bottom), the
potential presence of sandwaves and sediment megaripples, and the
marine uses that take place in a given cable area.
Description of the Proposed Grant Area
The area under consideration is located on the OCS off the coast of
Rhode Island, between Block Island and the mainland. A ROW grant is a
corridor 200 feet in width centered on the cable or pipeline (30 CFR
585.301). The area requested crosses the following portions of the
following OCS blocks in Official Protraction Diagram Providence NK 19-
07:
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Block No. Sub block
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6711..................................... H,L,P.
6761..................................... D,H,K,L,N,O.
6810..................................... A,B,E.
6811..................................... G,H,K,L.
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We request public comments and indications of competitive interest
in the actual ROW grant area requested. The ROW grant area requested by
Deepwater Wind consists of an area 100 feet to either side of the
centerline. The centerline of the ROW can be determined by
interconnecting the points indicated by the centerline coordinates.
This area may be adjusted based on the results of future surveys or new
information obtained from stakeholder outreach and public input.
Coordinates for the centerline follow an order from north to south
(points 1-27) and are provided in X, Y (eastings, northings) UTM Zone
18N, NAD 83 and geographic (longitude, latitude), NAD83.
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Point number UTM X (easting) UTM Y (northing) Longitude Latitude
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1 297579.86 4577806.25 -71.418731 41.326331
2 297764.90 4576627.63 -71.416129 41.315771
3 297948.74 4575456.74 -71.413546 41.305279
4 297948.90 4575455.09 -71.413543 41.305264
5 297962.50 4575166.08 -71.413285 41.302667
6 297976.03 4574878.48 -71.413028 41.300082
7 297976.04 4574877.33 -71.413028 41.300071
8 297960.78 4574347.66 -71.413034 41.295301
9 297945.47 4573816.13 -71.413040 41.290513
10 297945.18 4573813.60 -71.413043 41.290490
11 297888.18 4573526.78 -71.413628 41.287895
12 297831.47 4573241.41 -71.414210 41.285312
13 297831.38 4573241.03 -71.414211 41.285309
14 297792.88 4573070.56 -71.414614 41.283765
15 297754.21 4572899.35 -71.415018 41.282214
16 297753.91 4572898.25 -71.415021 41.282204
17 297700.90 4572725.11 -71.415596 41.280633
18 297647.43 4572550.46 -71.416176 41.279048
19 297646.70 4572548.55 -71.416184 41.279030
20 297517.00 4572266.46 -71.417638 41.276459
21 297387.73 4571985.30 -71.419087 41.273896
22 297387.72 4571985.28 -71.419087 41.273896
23 297197.85 4571573.97 -71.421215 41.270147
24 297006.74 4571159.97 -71.423357 41.266373
25 297003.33 4571155.24 -71.423396 41.266330
26 294240.98 4568561.35 -71.455469 41.242287
27 291458.78 4565948.75 -71.487750 41.218063
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The following multiple use issues were identified through
consultation with the Task Force:
The Department of Defense (DoD) conducts offshore testing,
training, and operations on the OCS. BOEM will consult with the DoD on
all proposed ROW grant projects to ensure that projects are compatible
with DoD activities on the OCS. The U.S. Navy operates the Narragansett
Bay Operating Area which overlaps portions of the proposed ROW grant
area. The Naval Undersea Warfare Center (NUWC) also uses a restricted
area located adjacent to the proposed ROW grant area as a testing area.
The restricted area begins within the northern precautionary area
approach to Narragansett Bay and extends south, coinciding with the
Traffic Separation Scheme (TSS) as indicated on NOAA nautical chart
13218 (Martha's Vineyard to Block Island). The proposed ROW grant area
does not cross the testing area. However, due to the close proximity of
the proposed ROW grant area to the testing area and the Outbound
Traffic Lane of the Narragansett Bay TSS, we welcome input concerning
ways to coordinate cable installation and maintenance activities in the
proposed ROW area in a manner that eliminates or reduces conflicts with
NUWC testing and shipping in the vicinity to the extent that such
conflicts exist.
The Rhode Island Ocean Special Area Management Plan (SAMP) has
identified portions of the proposed ROW grant area as important for
commercial and recreational fishing activities, as well as important
marine
[[Page 30554]]
fish habitat. Specifically, the SAMP identified the area as important
for a range of commercial fishing activities, including scallop
dredging, gillnetting, lobster trapping, bottom trawling and
recreational activities. Specific information on fishery resources,
fishing activities and important marine habitats can be found at:
http://www.crmc.ri.gov/samp_ocean.html.
There are several species of birds, marine mammals, sea turtles,
and fish in the area off Rhode Island that are listed as threatened or
endangered under the jurisdiction of the U.S. Fish and Wildlife Service
or the NOAA National Marine Fisheries Service (NMFS). Such species may
occur permanently or seasonally in the proposed ROW grant area. In
addition to ESA-listed species, seabirds protected under the Migratory
Bird Treaty Act and marine mammals protected under the Marine Mammal
Protection Act may occur in the area. NMFS has not designated any ESA
critical habitat within the proposed ROW grant area. Information on
essential fish habitat and protected species within the proposed ROW
grant area as designated under the Magnuson-Stevens Fishery
Conservation and Management Act can be found at: http://www.nero.noaa.gov/hcd/and http://www.nero.noaa.gov/prot_res/.
Map of the Area
A map of the area proposed for a ROW grant can be found at the
following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Rhode-Island.aspx.
A large scale map of the RFCI area showing boundaries of the area
is available from BOEM at the following address: Bureau of Ocean Energy
Management, Office of Renewable Energy Programs, 381 Elden Street, HM
1328, Herndon, Virginia 20170, Phone: (703) 787-1300, Fax: (703) 787-
1708.
Required Indication of Interest Information
If you intend to submit an indication of competitive interest for a
ROW grant for the area identified in this notice for the purposes of
transmitting electricity supporting renewable energy, you must provide
the following:
(1) Documentation demonstrating that you are legally qualified to
hold a ROW grant as set forth in 30 CFR 585.106-107. Guidance and
examples of the documentation appropriate for demonstrating your legal
qualifications can be found in Chapter 2 and Appendix B of the BOEM
Renewable Energy Framework Guide Book available at: http://www.boemre.gov/offshore/renewableenergy/PDFs/REnGuidebook_03August2009_3_.pdf.
Legal qualification documents will be placed in an official file
that may be made available for public review. If you wish that some
part of your legal qualification documentation be kept confidential,
clearly identify what should be kept confidential, and submit it under
separate cover (see Protection of Privileged or Confidential
Information Section, below).
(2) Documentation demonstrating that you are technically and
financially qualified to hold a lease as set forth in 30 CFR 585.106-
107, including documentation demonstrating that you are technically and
financially capable of constructing, operating, maintaining, and
decommissioning the facilities described in (4), below. Guidance
regarding the documentation that you may submit to demonstrate your
technical and financial qualifications can be found at: http://www.boemre.gov/offshore/RenewableEnergy/PDFs/QualificationGuidelines.pdf.
(3) A statement that you wish to acquire a renewable energy ROW
grant for the proposed grant area requested by Deepwater Wind for the
BITS project and a description of how your proposal would interfere
with, or suffer interference from, the BITS proposed project. Any
request for a ROW grant located outside of the proposed grant area
should be submitted separately pursuant to 30 CFR 585.305.
(4) A description of your objectives, including:
Devices and infrastructure involved (if your project would
require the use of offshore platforms, please indicate where those
platforms would be located);
Anticipated capacity;
How the project would support renewable energy; and
A statement that the proposed activity conforms with state
and local energy planning requirements, initiatives or guidance, as
applicable.
(5) A schedule of proposed activities, including those leading to
commercial operations; and;
(6) Available and pertinent data and information concerning
environmental conditions in the area, including any energy and resource
data and information used to evaluate the area. Where applicable,
spatial information should be submitted in a format compatible with
ArcGIS 9.3 in a geographic coordinate system (NAD 83).
Your complete submission, including the items identified in (1)
through (6) above, must be provided to BOEM in both paper and
electronic formats. BOEM considers an Adobe PDF file stored on a
compact disc (CD) to be an acceptable format for submitting an
electronic copy.
It is critical that you provide a complete submission of
competitive interest so that BOEM may consider your submission in a
timely manner. If BOEM reviews your submission and determines that it
is incomplete, BOEM will inform you of this determination in writing
and describe the information that BOEM wishes you to provide in order
for BOEM to deem your submission complete. You will be given 15
business days from the date of the letter to provide the information
that BOEM found to be missing from your original submission. If you do
not meet this deadline, or if BOEM determines your second submission is
also insufficient, BOEM reserves the right to deem your submission
invalid. In such a case, BOEM would not consider your submission.
Requested Information From Interested or Affected Parties
BOEM is also requesting from the public and other interested or
affected parties specific and detailed comments regarding the
following:
(1) Geological and geophysical conditions (including bottom and
shallow hazards) in the area described in this notice;
(2) Known archaeological, historic, and/or cultural resource sites
on the seabed in the area described in this notice;
(3) Multiple uses of the area described in this notice, including
navigation (in particular, commercial and recreational vessel usage,
and commercial and recreational fisheries);
(4) Potential impacts to existing communication cables;
(5) Department of Defense operational, training and testing
activities (surface and subsurface) that occur in the area described in
this notice that may be impacted by the proposed project;
(6) Impacts to potential future uses of the area;
(7) Advisable setback distance for other offshore structures,
including other cables, renewable energy structures, oil and gas
structures, etc.;
(8) The potential risk posed by anchors or other factors, and
burial depths that would be required to mitigate such risks;
(9) Other relevant environmental and socioeconomic information.
[[Page 30555]]
Protection of Privileged or Confidential Information
Freedom of Information Act
BOEM will protect privileged or confidential information that you
submit as required by the Freedom of Information Act (FOIA). Exemption
4 of FOIA applies to trade secrets and commercial or financial
information that you submit that is privileged or confidential. If you
wish to protect the confidentiality of such information, clearly mark
it and request that BOEM treat it as confidential. BOEM will not
disclose such information, subject to the requirements of FOIA. Please
label privileged or confidential information, ``Contains Confidential
Information,'' and consider submitting such information as a separate
attachment.
However, BOEM will not treat as confidential any aggregate
summaries of such information or comments not containing such
information. Additionally, BOEM will not treat as confidential: (1) The
legal title of the nominating entity (for example, the name of your
company); or (2) the geographic location of nominated facilities and
the types of those facilities. Information that is not labeled as
privileged or confidential will be regarded by BOEM as suitable for
public release.
National Historic Preservation Act (16 U.S.C. 470w-3(a))
BOEM is required, after consultation with the Secretary, to
withhold the location, character, or ownership of historic resources if
it determines that disclosure may, among other things, risk harm to the
historic resources or impede the use of a traditional religious site by
practitioners. Tribal entities should designate information that falls
under Section 304 of NHPA as confidential.
Dated: May 10, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2012-12485 Filed 5-22-12; 8:45 am]
BILLING CODE 4310-MR-P