Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 307
Offshore Wind Worldwide 2023
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.
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6.2 Transmission Planning
Over the last few years, BOEM has used
lease conditions to address its transmission
planning concerns. For example, the Final
Sales Notices for the New York Bight and
Carolina project stated that BOEM may condition COP approval on the use of shared
infrastructure for transmission, including
the use of cable corridors, regional transmission systems, meshed systems, and other
mechanisms where appropriate. In an effort
to deconflict any potential conflicts before
engaging in costly survey work, BOEM has
started to include in its leases stipulations
requiring the seeking of input from Tribal
Nations and other ocean users prior to
proposing easements, and has included
new communication plan requirements for
lessees with Tribal Nations, fisheries, and
other government agencies.
State agencies have similarly begun pushing toward a shared infrastructure model
through the implementation of shared
infrastructure project requirements. These
requirements include meshed systems requirements and the incorporation of shared
transmission systems in COPs as a condition
for approval.
