The 2009 Act to Facilitate Testing and Demonstration of Renewable Ocean Energy Technology established a General Permit authorization for tidal energy demonstration projects, which is a streamlined process designed to interface with FERC Pilot Project License process. To qualify as a demonstration project, the project must use tidal action as a source of electric power; must have a total installed generating capacity of 5 MW or less; and must be proposed for the primary purpose of testing tidal energy generation technology (including mooring, anchoring, and transmission lines) and collecting and assessing information on the environmental and other effects of the technology.
Projects that qualify may be approved under the Maine Waterway Development and Conservation Act (MWDCA) through the General Permit process instead of the Maine Waterway Development and Conservation Act Permit process. The General Permit process is similar to the MWDCA Permit process in that it coordinates the state permitting. However, the General Permit further streamlines the process for tidal energy demonstration projects by incorporating the requirements for a Maine Submerged Lands Lease into its review. As a result, a lease will be issued for the tidal energy demonstration project within 30 days of receiving a General Permit. The terms of the lease must be consistent with the permit, including any extensions of the permit and the time period necessary to fully implement the project.
A General Permit is valid for the term of the FERC pilot project license issued for the project. One or more extensions of the General Permit term may be granted to coincide with any approved extension of the term of the pilot project license issued by FERC. Typically, a General Permit will require that the project be removed and the site restored to its original condition, unless the applicant intends on using the same pilot project site for future commercial site. Otherwise, the applicant must initiate the project removal plan within 60 days of expiration of the General Permit.
Lead Agency: The Department of Environmental Protection (DEP) is the lead agency for all hydrokinetic projects in Maine that use tidal action as a source of power, regardless of location. Applications should be filed with the DEP.
Information Requirements: Along with the completed application form, project proponents must provide a copy of the FERC Pilot Project License application, including the additional information required by FERC (e.g., description of the waters in which the proposed project will be located, description of the project facilities, and information about the physical environment and anticipated environmental effects of the proposed project). In addition, the applicant must provide a copy of the project’s Environmental Assessment (EA) from FERC that includes a “Finding of No Significant Impact” (FONSI).
Note: FERC requires applicants to file a General Permit application at the same time that they file the Pilot Project License application. Since the EA cannot be prepared until after the pilot project license is filed, the applicant may submit the EA to DEP as soon as it becomes available from FERC. However, an application for a General Permit will not be processed until the EA with a FONSI is provided.
Other information requirements include proof of general liability insurance for the project; demonstration of financial and technical capacity to develop the project; and acknowledgement that DEP may require the applicant to take remedial action to protect natural resources and/or public safety, including termination of project operations and removal of project facilities. Applicants must also submit plans for monitoring the environmental effects of the project, plans for safeguarding the public and environmental resources, and a plan for removing the project after the termination of the General Permit. Finally, the application should include documentation that the applicant has consulted with the appropriate local, state and federal resource agencies, as well as local governments, Indian tribes, nongovernmental organizations and members of the public likely to be interested in the project.
At least 30 days prior to filing an application, applicants must publish a Notice of Intent to File (NOI) in newspapers circulated in the areas near the proposed project site, and a copy of the NOI must be sent to adjacent land owners. Applicants must submit copy of the NOI and the list of adjacent land owners to whom notice was provided along with the application form.
Review Process: Within 15 days of receiving a completed application (including all required fees and an Environmental Assessment from FERC for the proposed pilot project that includes a FONSI) the DEP will determine whether it is acceptable for processing. Within 60 days accepting the application for processing, the DEP will review application materials, supporting documentation, and agency comments and make a decision as to whether or not the requirements for issuance of a General Permit under the MWDCA have been met. If the DEP determines that the authorization requirements have not been met, it will notify the applicant in writing. If the DEP does not notify the applicant within this time period, a General Permit is deemed to have been granted.
Process Time: 60 days from receipt of completed application and processing fees.
Legal Authority: Maine Waterway Development & Conservation Act (Title 38 MRSA §636-A)
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