Comments of Winergy Power, LLC, submitted to Minerals Management Service
on February 12, 2008, in Response to MMS Request for Comments \[Docket
No. MMS-2007-OMM-0072, 72 Fed. Reg. 71152-71157 (Dec. 14, 2007)\]

Re: MMS Information Collection Activity; Lease of Submerged Lands for
Alternative Energy Activities on the OCS

On behalf of my client Winergy Power, LLC, I am submitting the following
comments in response to the above-captioned Notice issued by the
Minerals Management Service (MMS). The proposed lease form published in
the Federal Register on December 14, 2007, by the MMS for leases of
submerged lands for alternative energy activities on the outer
continental shelf (OCS) is limited to data collection activities and
technology testing. The standard lease form and Exhibits contain and
solicit all of the necessary and appropriate information required for
the leasing of such activities, and MMS is to be commended for taking
this step forward in its alternative energy program for the OCS.

MMS also recently completed its programmatic environmental impact
statement (EIS) for its OCS alternative energy program, and issued a
record of decision (ROD) which supports establishment and implementation
of the new program. 73 Fed. Reg. 1894, *et seq.* (Jan. 10, 2008)

MMS intends to issue regulations and guidance as the legal basis for its
alternative energy program, which was established pursuant to the Energy
Policy Act of 2005.

In light of MMS\'s recent progress in establishing the alternative
energy program, Winergy Power urges MMS to build on that momentum and
promptly issue, and request public comments on, a standard lease form
for all commercial alternative energy activities on the OCS. Early
issuance of a more generalized lease form will accelerate the
implementation of MMS\'s alternative use program when the proposed rules
are finally issued. MMS\'s issuance of a request for comment on such a
general lease form need not await MMS\'s promulgation of regulations
governing alternative energy activities on the OCS, since a standard MMS
lease will undoubtedly provide that the lease and lessee are subject to
all applicable statutes, regulations, orders, and MMS directives, just
as Section 5 of the instant lease form for data collection provides.

The following are specific comments on the data collection lease form as
it pertains to wind resources projects. We are certain MMS agrees with
the proposition that only entities that are truly committed to building
meteorological towers, and gathering wind resource data, should be
granted a lease. However, Winergy Power notes that only a nominal fee
will be charged per acre for each lease for data collection. Viewed in
isolation, the fee provision could raise concerns that certain entities
might file for multiple leases with no real intention of building or
operating a meteorological tower at each site. However, other provisions
of the lease, such as the requirement for a \$300,000 surety bond, or
equivalent security, should discourage those who might otherwise file
applications for multiple leases to block competitors, while not
actually intending to conduct data collection or technology testing.
Winergy also hopes that MMS will be vigilant in ultimately screening
applications for leases to ensure proponents are financially
responsible, and intend to move forward if their application is
accepted.

One of the three Exhibits B to the lease form deals with data collection
activities for wind resources projects. Paragraph (a) of that Exhibit
focuses on meteorological towers to study wind speed, duration, and
direction. Paragraph (b) allows access to the leased areas for
\"permitting, site analysis, extraction of soil and water samples, and
other **geotechnical** analyses and tests necessary to determine\" the
feasibility of the site for wind energy projects. (emphasis added to
quote). Winergy suggests that paragraph (b) of Exhibit B dealing with
wind resources explicitly include hydrological and biological tests, in
addition to **geotechnical** \"analysis and tests.\" Other scientific
tests may be necessary to \"determine the feasibility of converting wind
resources to electricity\" at the site. Winergy maintains that any
scientific test that can be conducted from the meteorological tower
should be allowed if the test helps determine the feasibility of the
project. For example, hydrological tests such as wave magnitude,
frequency, and height, as well as biological sampling, may be important
to the feasibility of a wind energy project on the OCS. Such tests
should be allowed if conducted from the same meteorological tower
platform as permitted in paragraph (a).

These scientific tests, although similar to those undertaken by wave
energy proponents pursuant to Exhibit B \"Wave and/or Current
Resources,\" would be performed for different purposes by companies
filing applications for wind energy projects. Namely, such information
would be used to design clearance heights for wind turbine rotors and
tolerances for other structural features of the wind turbine platform.
At this point it is impossible to predict exactly what suite of
scientific tests might be needed at a given location. Other terms in
paragraph (b) indicate that MMS may have intended to give the provision
broad reach, but the use of the qualifier **geotechnical** to modify
analyses and tests could be construed to limit the types of tests
allowed. A textual clarification is therefore in order.

We appreciate the opportunity to present these comments.

Robert M. Andersen

Akerman Senterfitt LLP

801 Pennsylvania Avenue, N.W.

Suite 600

Washington, DC 20004

202 824-1723

robert.andersen@akerman.com

On Behalf Of:

Dennis Quaranta, President and CEO

Winergy Power, LLC

150 Motor Parkway

Suite 425

Hauppauge, New York 11788