Mr. Speaker, on April 16, 2013, the House Science, Space, and Technology Subcommittees on Oversight and Energy held a joint hearing titled, ``Assessing the Efficiency and Effectiveness of Wind Energy Incentives.'' The attached document…
Mr. Speaker, on April 16, 2013, the House Science, Space, and Technology Subcommittees on Oversight and Energy held a joint hearing titled, ``Assessing the Efficiency and Effectiveness of Wind Energy Incentives.'' The attached document contains excerpts from an analysis that is part of the record for that hearing.
``A Comparative Analysis of the Development and Application of Marine
Navigation Safety and Marine Environmental Protection Criteria for Offshore Renewable Energy Installations, March 11, 2013'', By: John F.
McGowan, RADM USCG (ret), For: The McGOWAN Group, LLC.
Introduction
The following has been excerpted from an analysis performed
in March 2013 by The McGowan Group, LLC.
In recent years, the Department of the Interior's Bureau of
Ocean Energy Management (BOEM) and the U.S. Coast Guard
(USCG) has taken steps to establish a process and standards
for the leasing of areas for development of Offshore
Renewable Energy Installations (OREIs) on the U.S. Outer
Continental Shelf (OCS). In 2006, the USCG embarked on
setting standards to safeguard marine safety and marine
environmental protection for the siting and operation of
OREIs on the nation's waterways and oceans. In response to
special legislation enacted in 2006, the USCG was also
required to establish navigational safety terms and
conditions (T&C) specifically for Nantucket Sound due to the
proposal for the 130 turbine Cape Wind Associates (CWA) OREI.
This report provides a comparative analysis of the T&C for
Nantucket Sound under Section 414 of the Coast Guard Maritime
Transportation Act of 2006 (CGMTA) and the navigational
safety actions taken elsewhere or now under development by
USCG and BOEM. As this report concludes, the Nantucket Sound
standards provide significantly less protection for
navigation safety than the comparative measures established
or proposed for every other OREI location.
The site and the design (Nantucket Sound and Cape Wind)
Nantucket Sound is not only a heavily used body of water,
but one of the most dangerous places to navigate in the U.S.
In fact, the seaman's' handbook, The Coast Pilot, singles out
Nantucket Sound for special caution due to the frequent
occurrence of wind, fog, and high velocity currents.
Horseshoe Shoal, found near the center of Nantucket Sound,
is a well-known and marked hazard whose rocks are seldom
visible above the Sound's surface. Water depths in and around
the Shoal vary from 2 ft. to nearly 60 ft. The shoal is
bounded by the North Channel, which runs below Great Neck and
Hyannis, and the Main Channel, which runs from Vineyard Sound
from the west to the Atlantic Ocean to the east. The Main
Channel that the CWA facility would abut has a controlling
depth of thirty feet. The proposed project site is virtually
surrounded by general anchorages for vessels awaiting entry
into port, conducting repairs, or escaping or riding-out bad
weather or visibility that is common in Nantucket Sound.
Other than marked channels and charts, there are no Traffic
Separation Schemes (TSS), vessel traffic reporting or control
systems in place in the Sound. The port of Boston, Buzzards
Bay, the Cape Cod Canal, and Rhode Island Sound all have TSS
ship routes, or in the case of the Cape Cod Canal and
Buzzard's Bay, vessel reporting systems in place. These USCG
systems significantly mitigate navigational risk and play a
prominent role in the navigational risk assessment for other
areas being considered as potential sites for offshore wind
facilities on the Atlantic coast. The absence of TSS or other
vessel control measures makes navigational risk in the Sound
subject to comparatively greater risks.
While the Main Channel in Nantucket Sound can support
vessels with drafts up to 24 ft., including cruise liners, it
also serves as the main artery for ferries connecting the
Sound's islands and for an estimated 250 large oceangoing
fishing vessels. The proposed site for the CWA facility
borders these channels and routes extensively used year-round
by the ferry systems, some of which offer high-speed service
at 30 knots on all its sides.
The CWA proposal would place the WTGs directly adjacent to
these busy vessel routes, in some cases to be constructed
within 975 ft. to 1,200 ft. from the edge of the North and
Main channels, respectively. Without an additional buffer
from these routes, an allision with the nearest WTGs would
occur in a mere 60 seconds, at normal speeds, for a vessel or
boat that leaves the channel. A high speed ferry would have
20 seconds to detect, take action, and respond to avoid such
allisions. Collision risk with vessels traveling within or
adjacent to the project site also would be a problem due to
WTG interference with navigation and collision avoidance
radar.
Section 414 and the 2008 MMS FEIS
In 2005, Congress enacted Section 414 of the Coast Guard
Maritime Transportation Act of 2006 (CGMTA). Section 414
requires the USCG to ``specify the reasonable terms and
conditions the Commandant determines necessary to provide for
navigational safety with respect to the proposed lease,
easement, or right-of-way and each alternative to the
proposed lease, easement or right-of-way considered by'' the
Secretary of the Interior for an offshore wind energy
facility in Nantucket Sound.
Section 414 makes it clear that the T&C are to protect the
navigational status quo, not to protect CWA or its design.
The USCG can fulfill this duty only by developing T&C that
ensure the project does not present navigational risks,
including the possible need to alter the project design
through the establishment of a buffer zone from existing
shipping and ferry routes, or to deny the lease application
at the proposed location. The burden to provide for
navigational safety belongs to CWA, not to mariners,
fishermen, or the public.
In late 2008, USCG altered its approach that would have
addressed navigation safety concerns by including changes to
the project, to instead adopt the position that the project
had to be accepted as it was proposed. As a result, all
burden for safety was placed on mariners and USCG did not
recommend a safety separation or buffer zone from the Sound's
established channels and shipping routes. Several lawsuits
are pending against the CWA project, including challenge of
the USCG T&C.
BOEM's EAs
BOEM began implementing DOI's ``Smart from the Start''
initiative in 2011 with USCG and other agencies to produce
environmental assessments (EAs) for offshore wind
development. The initiative called for the identification of
areas on the Atlantic OCS that were most suitable for
commercial wind energy and the availability of those areas
for leasing and site assessment. During 2011, BOEM published
Notices identifying those ocean areas and requested public
comment.
Significant public comment was received from maritime
interests in response to the BOEM Notices. Major changes were
made to the various Wind Energy Areas (WEAs) including
excluded areas. The EAs provide mitigation of marine
navigation risk by outright exclusion of areas that could
produce navigation or fishing conflict and by providing safe
separation/buffer zones between WEAs and vessel routes. The
following safety criteria are evident from the final
selection of lease blocks in these EAs:
The presence of Traffic Separation Schemes (TSS) or other
vessel routing/control measures facilitate the safe
designation of WEAs in ocean areas bearing volumes of marine
traffic and/or fishing activity.
Safety separation/buffer zones of 1 nm from TSSs and from
shipping routes should be applied in WEA identification as
well as in subsequent site selection.
Marine traffic routes and fishing areas should be
identified and their densities estimated and projected for
future growth and expansion in defining the limits of WEAs.
Blocks should be excluded which would conflict with the
safe operation and transit of shipping on recognized routes
and from vessels working in traditional fishing areas.
None of these criteria were applied to the siting, size and
shape of the CWA proposal for Nantucket Sound.