Offshore Wind Worldwide Regulatory Framework in Selected Countries 5th Edition 2024 - Flipbook - Page 364
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VI. Grid Connection for
Offshore Wind
The Biden Administration announced in
2021 a goal of achieving 30 GW of offshore
wind integrated onto the U.S. electric grid by
2030.53 In an effort to meet and surpass the
Biden Administration’s goal, DOE and BOEM
have engaged in a coordinated offshore
wind transmission effort that would support
system interconnection.54
A. Legal Framework
The Outer Continental Shelf Lands Act
(OSCLA) provides the federal regulatory framework for integrating offshore wind to the
U.S. electric grid.55 The OSCLA requires the
issuance of a grant of a lease, easement, or
right-of-way on the outer continental shelf
for activities relating to the transmission of
energy sources other than oil or gas.56
United States
information on the points of connection,
are provided as part of the construction and
operations plan (COP).
Under the ROW Grant process, a third party
proposes the construction of a transmission
system at a particular location that would
service one or more projects. As points
of connection have become increasingly
difficult to find, there has been a growing
interest by both the industry and BOEM in
utilizing the ROW Grant path given its use of
shared infrastructure. Unlike transmission
through an offshore wind lease, transmission through an ROW Grant requires a
competitive process, including the issuance
of requests for competitive interest, analysis
of spatial conflicts, and the solicitation of information on the proposal site for potential
conflicts. BOEM ultimately retains discretion
in whether to issue any ROW Grant.
Under this framework, there are two paths
for transmission: transmission as part of an
offshore wind lease, and transmission under
a Right-of-Way (ROW) Grant. Transmission
as part of an offshore wind lease occurs
when BOEM’s lease for the project confers
on the lessee the right to one or more project easements without further competition
for transmission. This type of transmission
path typically occurs when the project
company’s proposal for the project includes a proposal for an easement to shore,
where the details of the easement, including
53 https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/29/fact-sheet-biden-administration-jumpstarts-offshore-wind-energy-projects-to-create-jobs/.
54 Id.
55 43 U.S.C. 1331 et seq.
56 Id. at § 1337(p)(1)(C).
