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[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Pages 79206-79209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32277]

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DEPARTMENT OF THE INTERIOR

Bureau of Ocean Energy Management

[Docket No. BOEM-2011-0023]

Commercial Renewable Energy Transmission on the Outer Continental 
Shelf (OCS) Offshore Mid-Atlantic States, Notice of Proposed Grant Area 
and Request for Competitive Interest (RFCI) in the Area of the Atlantic 
Wind Connection Proposal

AGENCY: Bureau of Ocean Energy Management, Department of the Interior.

ACTION: Provide Public Notice of an Unsolicited Application for a 
Transmission 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 
Atlantic Wind Connection proposal submitted to BOEM; (2) solicit public 
input regarding the proposal, its potential environmental consequences, 
and the use of the area in which the proposal would be located; and (3) 
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.
    On March 31, 2011, BOEM received an application from Atlantic Grid 
Holdings LLC (AGH) for a ROW grant on the OCS offshore New York, New 
Jersey, Delaware, Maryland, and Virginia. AGH's proposed project, 
Atlantic Wind Connection (AWC), would entail the construction and 
installation of a two-circuit, high-voltage direct current (HVDC) 
transmission line that would collect power generated by wind power 
generation facilities on the OCS and deliver it to the grid operated by 
PJM Interconnection LLC (PJM) and possibly also the New York 
Independent System Operator, LLC (NYISO). When the wind power 
generation facilities are not functioning at full capacity, the AWC 
facilities would facilitate the transmission of conventionally-
generated electricity between points on the onshore grid.
    Development of each phase would not be open-ended. Any ROW grant or 
plan approval contemplated by this notice would contain requirements 
that development under the grant take place within prescribed 
timeframes, as described in the grant, pursuant to 30 CFR 585.652(b). 
If AGH were to fail to meet such timeframes, BOEM may reduce the size 
of, terminate, or cancel the grant pursuant to 30 CFR 585.432-.437, or 
the terms of the grant itself. The application requests only a ROW 
grant--it does not request a lease for commercial wind generation.
    This announcement invites the submission of indications of 
competitive interest for a ROW grant for the area requested by AGH to 
construct transmission facilities. BOEM will consider the responses to 
this public notice to determine whether competitive interest exists for 
the area requested by AGH, as required by 43 U.S.C. 1337(p)(3). Parties 
wishing to obtain a ROW grant for the area requested by AGH should 
submit detailed and specific information as described in the section 
entitled, ``Required Nomination Information.''
    This announcement also requests that interested and affected 
parties comment and provide information about site conditions and 
multiple uses within 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 below in the section entitled, 
``Requested Information from Interested or Affected Parties.''
    This notice is published pursuant to subsection 8(p) of the OCS 
Lands Act, which was added through the enactment of Section 388 of the 
Energy Policy Act of 2005 (EPAct) (43 U.S.C. 1337(p)(3)), as well as 
the implementing regulations at 30 CFR Part 585.

DATES: If you are submitting an indication of interest in acquiring a 
ROW grant for the area requested by AGH, your submission must be sent 
by mail, postmarked no later than February 21, 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: This notice solicits: (1) Submission of 
competitive interest in obtaining a ROW grant for renewable energy 
purposes for the area identified in this notice; and (2) public input 
related to the proposal, its potential environmental consequences, and 
the use of the area in which the proposal would be located. If you are 
submitting an indication of competitive interest for a ROW grant, 
please submit your nomination 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 February 21, 2012 to be considered by BOEM for the 
purposes of determining competitive interest. BOEM will list the 
parties that submit indications of competitive interest in the area 
requested by AWC, and describe the types of facilities proposed for the 
ROW, on the BOEM Web site after the 60-day comment period has closed.
    If you wish to protect the confidentiality of your nominations 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.
    Comments and other submissions of information should be submitted 
as follows:
    1. Comments may be submitted through the Federal eRulemaking 
Portal: http://www.regulations.gov. In the entry titled ``Enter Keyword 
or ID,'' enter BOEM-2011-0023, 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.

[[Page 79207]]

FOR FURTHER INFORMATION CONTACT: Mr. Wright Frank, Energy Program 
Specialist, BOEM, Office of Renewable Energy Programs, 381 Elden 
Street, HM 1328, Herndon, Virginia 20170, (703) 787-1325.

SUPPLEMENTARY INFORMATION:

Purpose of the RFCI

    The OCS Lands Act requires BOEM to award leases, easements, and 
ROWs competitively, unless after public notice, BOEM determines there 
is no competitive interest (43 U.S.C. 1337(p)(3)). 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 AGH for the construction and installation of cables and 
associated facilities for the transmission of electricity from 
renewable energy projects. In addition, this notice provides an 
opportunity for interested stakeholders to comment on the AGH proposal, 
and any potential impacts the AWC project may have.
    If, in response to this notice, BOEM receives one or more 
indications of competitive interest for offshore transmission 
development from qualified entities that compete with the proposed AWC 
ROW, 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 competing nominations, BOEM may decide to move forward 
with the ROW grant issuance process using the non-competitive 
procedures contained in 30 CFR Part 585.
    Should BOEM decide to issue a grant in the area, whether 
competitively or non-competitively, it will provide the public with 
additional opportunities to provide input pursuant to 30 CFR Part 585 
and applicable law, such as the National Environmental Policy Act 
(NEPA).

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 
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 Task Forces 
will help inform comprehensive coastal and marine spatial planning 
efforts.

BOEM State Renewable Energy Intergovernmental Task Forces

    BOEM has formed Renewable Energy Intergovernmental Task Forces to 
enhance coordination among relevant Federal agencies and potentially 
affected state, local and tribal governments throughout the leasing and 
grant issuance processes. On June 1, 2011, BOEM held a teleconference 
and Web conference with the New York, New Jersey, Delaware, Maryland, 
and Virginia Task Forces to discuss (1) the AWC proposal, (2) a draft 
of this Federal Register notice, and (3) the process that BOEM would 
use to process AGH's application. BOEM will continue to coordinate with 
these Task Forces as necessary and appropriate throughout the leasing 
and grant issuance process.

Determination of Competitive Interest

    The first step in determining whether there is competitive interest 
under 30 CFR 585.307 will be the evaluation of indications of 
competitive interest for the ROW grant area requested by AGH to install 
cables and associated facilities for the transmission of electricity. 
At the conclusion of the comment period for this public notice, BOEM 
will review the submissions received, undertake a completeness review 
and qualifications review, and make a determination as to whether 
competitive interest exists.
    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.
    In the event that BOEM determines that competitive interest exists, 
BOEM may decide to follow the process described in subpart B of BOEM's 
regulations at 30 CFR 585.220-.225 for the competitive issuance of 
leases.
    If, after evaluating the responses to this notice, BOEM determines 
that there is no competitive interest in the proposed grant area, it 
may decide to proceed with the noncompetitive grant issuance process 
pursuant to 30 CFR 585.306(b), consulting with the applicable BOEM 
State Task Forces. BOEM would announce its finding in a Federal 
Register notice. Following that notice, BOEM would initiate National 
Historic Preservation Act (NHPA) Section 106 and Government-to-
Government consultations. After BOEM has issued a Determination of No 
Competitive Interest, the applicant would be required to submit a 
General Activities Plan (GAP), as described in 30 CFR 585.306(b). 
Following the submission of a GAP, BOEM would initiate the National 
Environmental Policy Act (NEPA) process.
    Whether following competitive or non-competitive procedures, BOEM 
will comply with the requirements of the NEPA, the Coastal Zone 
Management Act (CZMA), the Endangered Species Act (ESA), the NHPA, the 
Rivers and Harbors Act, the Clean Water Act, and other applicable 
Federal statutes prior to making a decision on whether or not to issue 
a grant and/or GAP approval, disapproval, or approval with 
modifications. In territorial waters, applicants will be responsible 
for compliance with additional Federal and state requirements. 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.

[[Page 79208]]

Description of the Proposal

    AGH proposes to build an offshore ``backbone'' electrical 
transmission system that would enable up to 7,000 megawatts (MW) of 
offshore wind turbine capacity to be delivered to the regional high-
voltage grid controlled by PJM Interconnection, LLC. AGH is considering 
several project design options, one of which would also entail 
interconnection into the NYISO. The transmission system would be 
constructed on the OCS off the coasts of New York, New Jersey, 
Delaware, Maryland, and Virginia. When wind power generation is not 
functioning at full capacity, AGH proposes that the AWC facilities 
would transmit conventionally-generated electricity between points on 
the onshore grid.
    The AWC project is proposed as a single integrated system, although 
it would be constructed in five phases. It is anticipated that, if 
fully developed, the ROW grant corridor would extend approximately 820 
statute miles. Full construction would take approximately 10 years. The 
phases of the proposed development are described below:
     Phase A: The offshore facilities from southern New Jersey 
to Delaware with a capacity of up to 2,000 megawatts (MW) (about 80 
statute miles);
     Phase B: The offshore facilities from southern New Jersey 
to the northern New Jersey/New York metropolitan area with a capacity 
of up to 1,000 MW (about 110 statute miles);
     Phase C: The offshore facilities from Maryland to the 
northern New Jersey/ New York metropolitan area with a capacity of up 
to 2,000 MW (about 290 statute miles);
     Phase D: The offshore facilities from Maryland to Virginia 
with a capacity of up to 1,000 MW (about 175 statute miles); and
     Phase E: The offshore facilities from Delaware to Virginia 
with a capacity of up to 1,000 MW (about 165 statute miles).
    The phases of the AWC system are intended to align with what AGH 
anticipates to be the timing of offshore wind generation development. 
The AWC project does not include any proposals for offshore wind energy 
generation facilities.
    The proposal includes two fully-built circuits (Circuit 1 and 
Circuit 2), each installed within a separate offshore corridor. The 
corridors are separated to lessen the risk that a single event, such as 
an anchor drag, could damage both circuits. From the northernmost point 
of the proposal to Virginia, circuit 1 would be installed closer to 
shore--generally between 4 and 15 statute miles offshore--than circuit 
2. However, circuit 1 would cross Circuit 2 offshore Virginia and would 
lie further offshore than circuit 2 at the southernmost part of the 
route. Circuit 2 would be installed further offshore than circuit 1, in 
the 6 to 20 statute mile range from northern New Jersey to the crossing 
of the circuits offshore Virginia. AGH is requesting a ROW grant that 
would also allow for another possible path in which Circuits 1 and 2 
would not cross offshore Virginia, remaining parallel throughout the 
route (See map referenced in ``Map of the Area'' section, below).
    In addition to the cable, AGH anticipates that the AWC system would 
have up to nine offshore converter platforms, which would receive 
electricity via cable from offshore renewable energy generation 
facilities. These platforms would convert high-voltage alternating 
current into HVDC using voltage sourced converters. Each offshore 
converter platform would connect to one of the two proposed circuits. 
The circuits would connect to the onshore transmission grid at up to 
seven locations where AWC terrestrial converter stations would convert 
the HVDC current to HVAC and connect to the grid. Interconnection is 
contemplated at Larrabee, New Jersey; Cardiff, New Jersey; Indian 
River, Delaware; and Piney Grove, Maryland. In Virginia, 
interconnections are planned at two of the following three potential 
interconnection points--one in Virginia Beach, and two more at 
Fentress, Virginia. In the northern New Jersey/New York metropolitan 
area, interconnection is planned at one of the following three 
interconnection points: Sewarren, New Jersey; Hudson, New Jersey; and 
Zone J on Long Island, New York. Each circuit of the project would 
contain three cables, two 320 kilovolt (kV) cables, and a fiber optic 
cable to provide communications and control capability. The two 
circuits together would require a total of four power cables, and two 
communication cables.
    All cables would be buried to a depth that would likely be 
determined by 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 Area

    The area under consideration is located on the OCS off the coasts 
of New York, New Jersey, Delaware, Maryland, and Virginia. A ROW grant 
is a corridor 200 feet in width centered on the cable or pipeline (30 
CFR 585.301). The coordinates of the centerline for the ROW can be 
downloaded from the following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Regional-Proposals.aspx.
    The ROW grant area requested by AGH consists of this centerline and 
an area 100 feet to either side. This area may be adjusted based on the 
results of future surveys or new information obtained from stakeholder 
outreach and public input. We request public comments and indications 
of competitive interest in the actual ROW area requested. The 
centerline of the ROW can be determined by interconnecting the points 
indicated by the centerline coordinates. Coordinates are provided in X, 
Y (eastings, northings) UTM Zone 18N, NAD 83 and geographic (longitude, 
latitude), NAD83. Coordinates for tentative offshore substation 
locations are also available from the web site indicated above.

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/Regional-Proposals.aspx.
    The application itself may also be downloaded from the Web site. 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) 787-1320, Fax: (703) 787-
1708.

Required Nomination 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 from renewable energy facilities to shore, 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

[[Page 79209]]

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 AGH for the AWC project 
and a description of how your proposal would interfere with, or suffer 
interference from, the AWC proposed project. Any request for a ROW 
grant located outside of the proposed grant area should be submitted 
separately pursuant to BOEM's regulations at 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 facilities; 
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 nomination, 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 vessel usage, recreation, 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.

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, 16 U.S.C. 470w-3, as confidential.

    Dated: November 30, 2011.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2011-32277 Filed 12-20-11; 8:45 am]
BILLING CODE 4310-MR-P
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