# Presentation: 256011

## Service’s Voluntary, Interim, Land-Based Wind Guidance

- SUMMARY OF ISSUES:
- Role of NWCC.
- Actions leading to guidance.
- Steps taken to develop.
- Outreach so far.
- Challenges facing Service w/ guidance.
- APLIC model.
- -1-

## Role of the National Wind Coordinating Committee

- Provides place to interact w/ interested stakeholders – industry, consultants, Natl. Renewable Energy Labs (DOE), AWEA, Feds, State agencies, politicos, NGOs.
- Sponsor and peer-review wind-bird-bat research.
- Repository of research studies, including *Metrics and Methods *(1999) document, avian-bat fact sheet, many others.
- Sponsor number public workshops, symposia, conferences – *e.g., *Research Meeting V (bird and bat science), Nov. 2004, VA.
- Provides science, research studies, technical recommendations upon which much of our FWS guidance based.
**-2-**

## Actions Leading to Guidance

- Exponential growth land-based wind outside CA in late 1990s/early 2000.
- Like communication towers, recognition need to address turbines (deaths and fragmentation) w/in FWS.
- Secretary’s 2002 Renewable Energy on Public Lands initiative – calling for need for guidance.
- 	-3-

## Steps Taken to Develop Guidance

- Participated in meetings w/ Avian Subcommittee (now called **Wildlife Workgroup**) since Service joined 1995 – get lay of the land, involvement in bird issues, esp. Altamont Pass.
- Discussions/interviews w/ scientists, consultants, technicians about bird-wind interactions.
- Peer-reviewed (by Manville *et al*.) *Metrics and Methods* document, Wally Erickson *et al. *2001 mortality estimates, other wind documents.
- Review U.S. scientific literature (albeit limited), European literature, U.S. “gray” literature.
- Attend and participate in NWCC/WW conferences, workshops, monthly teleconferences.
- Early 2002 Director assigned DMBM to form **Wind Turbine Siting Working Group** and develop guidance.  Manville chair, Robert Willis senior author, Rob Hazlewood site ranking/evaluation process.
- -4-

## Steps Taken to Develop Guidance, cont.

- 15-member FWS team – WTSWG – representing all Regions met 	July 2002.  Developed working draft of guidance based on 	recommended needs from literature, suggestions from experts, 	and needs to address take and habitat fragmentation issues.
- Guidance focused birds and bats, w/ concern over other impacted 	resources.
- Guidance developed, reviewed by all Regions, approved by 	Directorate and upper levels DOI all w/in 1 year!
- Notice Availability published *FR* July 10, 2003 – announcing interim 	voluntary, land-based guidance open for public review, testing, 	and comments – record open through July 7, 2005.
- 4 official comments for record received to date.
- -5-

## Outreach Efforts (Wash. Office Perspective)

- Indicated to public early 2002 – through NWCC – that WTSWG had been formed, would be developing voluntary guidance.
- Kept members WW updated on status late 2002/early 2003.
- Spoke at Jackson, WY, public wind workshop Oct. 2002 announcing Service’s intentions.
- Rob H., Ben Tuggle, and Manville spoke Nov. 2002 internatl. Energy workshop, Reno, NV, re: developing guidance.
- Spoke public wind workshop Anchorage, AK, Feb. 2003 – previewing key issues in guidance.
- 1st public meeting/briefing on guidance late July 2003 – immediately following release.
- Asked to speak about guidance at Nov. 2003 NWCC workshop on biological significance.
- -6-

## Outreach Efforts, cont.

- Conducted 1st public (followed by FWS-only) R5 wind workshop 	Nov. 2003 on guidance, wind-bird-bat issues.
- 2nd public meeting/briefing on guidance March 2004.  Discussed 	point-by-point issues raised Dec. 2003 AWEA letter to Norton-	Williams-Manville.  Committed to conduct public workshops on 	guidance.
- May 2004 spoke about guidance at AWEA/Am. Bird Conserv. wind 	workshop.
- May 2004 spoke at international Canadian wind workshop.
- Nov. 2004 discussed guidance w/ WW in public meeting.
- NEXT STEPS:
**Regional public workshops** (co-sponsored by NREL and FWS) at NCTC first w/ Rs3/5/industry to do hands-on field testing of guidance, seek feedback.
**Revise guidance** based on public comments, publish revised draft in *FR* (~60-day comment period), update guidance based comments, NOA and release of updated guidance, more briefings.
**-7-**

## Challenges Facing Service

- Trust and rapport with some in industry – guidance working well w/ some, not so well or not at all w/ others.
- How to deal w/ uncooperative companies.
- Perception – voluntary *vs*. regulatory.  Need consistent Service response/message.  Avoid any perception we’re playing fast and loose.
- Some companies, including larger ones, leveraging FWS through White House Energy Task Force (Shell subsidiary, Cotterel Mt.) or through DOI Energy Ombudsman Brenda Aird (Meyersdale, NE Kingdom, Hoosac, Chautauqua).
- Reauthorization production tax credit *vs*. site evaluation and pre-construction monitoring.
- Exponential growth wind – how do we keep ahead power curve?
- -8-

## Challenges Facing Service, cont.

- Industry’s desire to be “green” but for some unwillingness show good faith effort.
- AWEA’s challenge to justify Service’s 5-mile distance recommendation from leks.
- Lack of industry understanding Field Office process and their involvement w/ wind where trust resources are impacted.
- Rep. Pombo’s Oct. 2004 request to rescind guidance.
- Reps. Rahall and Mollohan’s request to put guidance into regulation.GAO audit underway at Rahall and Mollohan’s request.
- W/in-Dept. briefings resulting in dissemination of misinformation – *e.g., *A/S R. Watson (MMS) briefing for Judge Manson – addressing MBTA, sound science, “requiring” 3-yr. pre-construction monitoring, “MBTA violation letters,” thresholds for allowing take.
- -9-

## Challenges Facing Service, cont.

- Law suits (frivilous) and FOIAs by NGOs.
- New heavy hitters on scene – *e.g.,* former House Majority Leader Dick Armey, behalf of lobbying firm on payroll for Cape Wind (offshore project in MA).
- When do we move on when data are nonexistent, minimal, or preliminary that do _not_ support pre-construction monitoring?  Or do _not_ support detailed pre-construction monitoring?  *E.g., *Horicon NWR.
- How do we better coordinate/communicate w/in and b/w Regions?
- -10-

## The Avian Power Line Interaction Committee (APLIC) Model

- FWS had long partnership w/ APLIC.  Ad hoc relationship w/ investor-owned utilities, Federal power authorities, and coops. since 1970s.  “Codified” into formal relationship 1989 w/ formation APLIC.
- Not been all “smooth sailing” w/ criminal regulatory action against Moon Lake Elec. Coop. late 1990s.  Electrocutions a wake-up call for industry.
- Recently changed direction from MOU’s to more flexible, voluntary template for Avian Protection Plan – currently being finalized b/w FWS and industry.
- APLIC model should be reviewed for use w/ wind industry.  Good rapport w/ electric utility industry.
- -11-