President Sean O’Neill Gives Update on Legislative and Regulatory Developments
If you’d like to get a summary on what’s happening the wave and tidal industry, take a look at Sean O’Neill’s recent Ask the Expertscolumn that summarizes what’s been going on with wave and tidal energy over the past few months. There’s a run down on the status of tax incentives for the House and Senate, funding proposals for ocean renewables on the Hill and an overview of recent regulatory events, including FERC’s proposed pilot process and the jurisdictional conflict between FERC and MMS.
I’ve just come from the Senate Energy Committee website where I reviewed the pending legislation. The Bill under consideration is H.R.6, and their is a serious snag. If the bill was passed today in its current form, no energy produced by ocean conversion would be permitted to be sold for one year. The provision that causes this delay is Section 801, which calls for “a study of the laws (including regulations)affecting the siting of privately owned electric distribution wires on and across public rights-of-way.”
This is an obvious stalling tactic, probably lobbied for by the big energy fuel suppliers, oil, coal, gas. The legislation gives a one-year time frame to complete such studies and report back to the commission, whereupon, supposedly, there will be another round of negotiations for yet more pending legislation that will be buried in committee.
Since the bill is still stalled in committee, there is still time to act. This piece of legislation is extraneous, as all regulations regarding wire and its use are well established. The Senators and Congressmen on these committees should be contacted right away and urged to strike this provision from the legislation.
LF,
Section 801 appears to apply only to combined heat and power facilities (see below). Let me know if this remains a concern or if you have any other questions.
Pg. 462
TITLE VIII—MISCELLANEOUS
SEC. 801. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE DEVELOPMENT OF COMBINED HEAT AND POWER FACILITIES.
(a) STUDY.—
(1) IN GENERAL.—The Secretary, in consultation with the States and other appropriate entities, shall conduct a study of the laws (including regulations) affecting the siting of privately owned electric distribution wires on and across public rights-of-way.
(2) REQUIREMENTS.—The study under paragraph (1) shall include—
(A) an evaluation of—
(i) the purposes of the laws; and
(ii) the effect the laws have on the development of combined heat and power facilities;
(B) a determination of whether a change in the laws would have any operating, reliability, cost, or other impacts on electric utilities and the customers of the electric utilities; and
(C) an assessment of—
(i) whether privately owned electric distribution wires would result in duplicative facilities; and
(ii) whether duplicative facilities arenecessary or desirable.
(b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study conducted under subsection (a).