g

770 Paseo Camarillo, Second Floor 2013

Camarillo, California 93010

EUREAUOFOCEAN WERGYMANA9MEgr October 21, 2013

RE: RESPONSE TO REQUEST FOR PUBLIC COMMENT, DOCKET NO. BOEM

2013-0050; MMAA 104000, WIND POWER OFFSHORE OREGON

PERSONAL BACKGROUND:

I had a 34 year career within the U.S. Department of Interior. Much of that time

was spent working on implementation of the National Environmental Policy Act. I hold a Masters degree in Natural Resource Administration with an emphasis on NEPA implementation. I have worked with various Congressional committees in Washington, D.C. on NEPA-related matters, testified as an expert witness in various judicial proceedings, and lectured at various colleges and universities.

SUMMARY OF PRESENT SITUATION:

You have received a proposal submitted by Principle Power Inc. seeking a commercial lease for wind energy development on the OCS off of Coos Bay, Oregon.1 You have requested public comments regarding the potential environmental consequences of wind energy development in the area.2

You have acknowledged that Principle Power was one of seven entities that

received funding for demonstrating “the ability to progress toward achieving the national goals of the National Offshore Wind Strategy”, and that three of the

seven award recipients will receive additional funding in the spring of 2014. Additionally, you have acknowledged that the “lease request to BOEM is an effort

to move forward in the DOE funding process”.3

You also make ft clear to the public that, before any lease is issued, an analysis

Principle Power, Inc., Unsolicited Application for an Outer Continental Shelf Renewable Energy Commercial Lease - Principle Power WindFloat Pacific Pilot Project”, May 14,2013 2 Federal Register, Volume 78, No. 189, Sept. 30,2013, pgs. 59968- 59972.

ibid. pg. 59970.
POSSIBLE SIMPLISTIC APPROACH TO NEPA

It is possible to envision a relatively simple and straightforward NEPA process that BOEM could undertake.

An EIS could be prepared that considered all seven of the award recipients as possible alternatives, and documented how the technical, economic, and

environmental aspects were balanced to determine which three projects were selected for continued funding in a process that was not arbitrary or capricious.

If Principle Power Inc. were to be one of the selected recipients, a supplemental analysis would be required. Principle Power has identified three sites that would

be suitable locations: Coos Bay in Oregon, Point Conception in Central California, and off Humboldt County in Northern California. A proper EIS would document how the balancing of technical, economic, and environmental

considerations led logically to the decision as to which location was chosen for

implementation.

Unfortunately, this simple and straightforward NEPA process is not available in

any instance involving Principle Power Inc. The reason for this is: The Principle Power WindRoat Pacific Pilot Project is irrevocably linked to the Jordan

Cove Export LNG project.

This relationship is documented in Principle Powe?s lease application itself, which specifically states: “An offshore grid and subsea cable would be used to

export produced electricity to facilities at the planned South Dunes Power Plant,

a combined cycle natural gas power plant associated with the Jordan Cove

Energy Project”5; and, “Jordan Cove Energy and Principle Power are negotiating

a power purchase agreement with a term and price sufficient to meet the

economic needs of the WindFloat Pacific Project”.6 Further, Principle Power

states unequivocally that “Power generated from the WindFloat Pacific project will be delivered to the Jordan Cove project in the Port of Coos Bay and will not

be offloaded to the national electric grid.”7

ibid.

Principle Power Application, op cit, page I 6 ibid.

ibid, page 9
(emphasis provided) at the International Port of Coos Bay

8; 

The existence

(emphasis provided) of the Jordan Cove Energy Project at Coos Bay and its ability to purchase power from WFP created a strong market opportunity”9; and,

- .the electric infrastructure being developed (emphasis provided) in association

with the Jordan Cove project created an obvious grid interconnectionopportunity”.1°

The certainty ascribed by Principle Power to the “existence” of the Jordan Cove

LNG facility is all the more remarkable given the fact that FERC is still in the

NEPA scoping stage and has not yet even published the draft EIS for the project. Assuming the final record of decision allows it, the issuance of a permit to begin construction of the Jordan Cove facility is years away.

TOWARDS A VIABLE NEPA PROCESS

As documented above, WindFloat is directly linked to and intended to be an

integral part of the Jordan Cove LNG facility. FERC is currently in the beginning

process of preparing an EIS for the Jordan Cove facility.

Existing NEPA regulations clearly address connected actions, and clearly call for

actions to be considered within the scope of a single EIS if they “cannot or will

not proceed unless other actions are taken previously or simultaneously” or “are interdependent parts of a larger action and depend on the larger action for their

justification”.11

It is clear that the WindFloat proposal and the Jordan Cove proposal are

interdependent and interconnected, and that the location of WindFloat was

selected primarily to enhance the effectiveness of their co-operation. Therefore,

in order to comply with the letter, spirit, and intent of NEPA, both facilities must

be included within the scope of a single EIS.

As an example of the benefits of a single EIS, BOEM has requested information

from interested or affected parties relating to such things as geological and

ibid, page I

ibid, page 5

Ia.ibid.

40 CFR I 508.25(a)( I )000ii).
REQUESTS

NEPA regulations state that in instances where one or more Federal agencies

are involved in an action or group of actions that are directly related to each otherbecause of their functional interdependence or geographical proximity, suchagencies are to formally join together in order to facilitate the preparation of a

single EIS.12

I ask That BOEM petition to become a cooperating agency with FERC in the

preparation of The Jordan Cove LNG Export terminal EIS.

I ask that BOEM table any action relating to the Application Thr an OCS

Renewable Energy Commercial Lease until formal adoption ofthe Final Record

of Decision terminating the Jordan Cove EIS pmcess.

A

1240 CER 1501.5(a)(2)