MMS Regulations on OCS, Coming Soon

Preparatory to issuing an Advance Notice of Rulemaking (ANOPR) concerning leases and rights of way for alternative energy projects on the Outer Continental Shelf (OCS), the Department of Interior’s Mineral Management Service has created this website on Renewable Energy and Alternative Uses of the OCS.  OREC will be visiting this site regularly to keep abreast of proposed rules when they issue as well as other developments.

At present, the site contains this Presentation on Alternative Energy by MMS Deputy Director Walter Cruickshank which gives a very brief preview of how MMS anticipates that its leasing program will operate.  According to the presentation, MMS has taken steps to assume lead agency authority for the Cape Wind and Long Island Power Authority offshore wind projects (presumably, the Wind Energy Systems Technology’s Galveston Offshore Wind Project, which just successfully secured a lease for the project with the Texas General Lands Office will not be affected by MMS’ new OCS jurisdiction since the project is located exclusively on Texas submerged lands.)  It is not yet clear how MMS intends to handle offshore ocean energy projects, i.e., whether MMS will assume control now held by FERC or will share the lead. 

The MMS regulations are more important for the offshore renewable
industry than any other policy issue at this time.  The MMS regulations
will set in stone the process for acquiring property rights to site
offshore renewable projects.  Regulations that are overly onerous will
adversely impact the industry as will regulations that do not
effectively distinguish between bonafide projects and fly-by-night
developers that seek to bank sites and then sell them to the highest
bidder.  Likewise, regulations that favor one offshore renewable
technology over another will create inequities and can result in
premature elimination of technologies that might have otherwise
succeeded.  OREC is counting on its members and the ocean industry to
make your voices heard during the rulemaking - or you can join with us
and we will make sure to do it on your behalf.