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HARVESTING THE WINDS OF CHANGEOhio Department of Natural Resources

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Title: HARVESTING THE WINDS OF CHANGEOhio Department of Natural Resources


1
HARVESTING THE WINDS OF CHANGEOhio Department
of Natural Resources
  • Legal Regulatory Solutions
  • for
  • Wind Development in Ohio
  • September 18, 2008
  • Columbus, Ohio
  • Kim Wissman
  • Executive Director
  • Ohio Power Siting Board

2
Ohio Power Siting Board
  • To support sound energy policies that provide
    for the installation of energy capacity and
    transmission infrastructure for the benefit of
    the Ohio citizens, promoting the states economic
    interests, and promoting the environment and land
    use.

3
Member Agencies
  • Public Utilities Commission of Ohio - Chairman
  • Ohio Environmental Protection Agency
  • Ohio Department of Development
  • Ohio Department of Health
  • Ohio Department of Natural Resources
  • Ohio Department of Agriculture
  • Public Member
  • Four Legislative Members
  • 2 from Ohio House of Representatives
  • 2 from the Ohio Senate

4
Ohio Power Siting Board
  • Created in 1972
  • Ohio Revised Code
  • Chapter 4906
  • Independent Board under PUCO in 1981

5
Major Utility Facility
  • A generating plant of 50 megawatts or more
  • Any wind farm of 5 megawatts or more
  • An electric transmission line of 125 kilovolts or
    greater or
  • A gas or natural gas transmission line capable of
    transporting gas at or greater than 125 pounds
    per square inch of pressure

6
Public Participation
  • Pre-Application Public Informational meetings
  • Formal
  • Intervention by Public Officials
  • Township Trustees, County Commissioners, City
    Officials, etc.
  • Notice Required
  • Intervention by persons impacted
  • Request for intervention
  • Counsel required

7
Public Participation
  • Informal
  • Written submissions to the Board
  • Phone Inquiries
  • Toll-free

  • Speaking opportunities at Public Hearing
  • Sworn Testimony

8
Process
  • Pre-Application meetings and conferences
  • Pre-Application Public Informational meetings
  • Application submitted
  • Completeness Review
  • Letter of Completeness
  • Proof of Service
  • Board Entry establishing Filing Date Hearing
    schedule
  • Public Notice published by Applicant
  • Staff Report
  • Public Hearing
  • Adjudicatory Hearing
  • Board Decision
  • Appeal Process

9
  • Filings of notices with local officials
  • Filings of applications at local libraries
  • Written notice to directly impacted landowners of
    upcoming meetings/hearing

10
OPSB Requirements
  • Provide the following public interaction
    information for each of the sites
  • A list of counties, townships, villages, and
    cities within one thousand feet on each side of
    the centerline or facility perimeter
  • A list of the public officials contacted
    regarding the application, their office
    addresses, and office telephone numbers
  • Description of the program or company/public
    interaction planned for the siting, construction,
    and operation of the proposed facility.
  • Description of any insurance or other corporate
    program for providing liability compensation for
    damages to the public resulting from construction
    or operation of the proposed facility
  • Description of how the facility will serve the
    public interest, convenience, and necessity
  • Estimate of the increase in tax revenues as a
    result of facility placement
  • Description of the impact of the facility on
    regional development, referring adopted regional
    development plans.

11
PUBLIC INVOLVEMENT AND PARTICIPATION
  • Applicants public information program for a
    project might include
  • written correspondence with local officials
  • written correspondence with residents
  • meetings with local officials
  • meetings with local residents
  • information posters and brochures
  • newspaper notices
  • a public information open house

12
The Boards Decision
  • The need for the facility
  • The probable environmental impact of the proposed
    facility
  • Whether the facility represents the minimum
    adverse environmental impact considering the
    technology that is available and the nature and
    economics of the various alternatives

13
The Boards Decision (cont.)
  • That the facility is consistent with regional
    plans for expansion of the electric power grid of
    the electric systems serving Ohio and
    interconnected systems, and that the facility
    will serve the interests of electric system
    economy and reliability
  • The facility will comply with all air and water
    pollution control and solid waste disposal laws
    and regulations

14
The Boards Decision (cont.)
  • The facility will serve the public interest,
    convenience and necessity
  • The facilitys impact on agricultural lands and
  • The facility incorporates maximum feasible water
    conservation practices.

15
  • Balancing of interests is successfully achieved
    through active participation of the member
    agencies that comprise the Board

16
  • According to OPSB regulations, applicants must
    provide certain baseline information concerning
    environmental and social issues, followed by a
    description of steps taken to minimize adverse
    effects.
  • Recognizing that some impacts are unavoidable,
    the applicant must then describe efforts to
    mitigate the potential impacts to the extent
    feasible.

17
Ohio Generating Resource Mix
  • Coal 88
  • Nuclear 9
  • Natural Gas 2
  • Oil 1
  • Note Hydroelectric (0.3) and other
    renewables (0.3) combined equal 0.6 of resource
    mix
  • Source DOE EIA Data

18
Renewable Energy Consumption in the Nations
Energy Supply
  • Source EIA 2004 Renewable Energy Trends

19
S.B. 221
  • 25 (of total kWh) by 2025
  • Half may be from advanced energy resources
  • At least half from renewable, .5 solar
  • At least half of renewable through facilities
    located in the state, remainder deliverable
  • Compliance payments/forfeitures
  • Cost of compliance not to exceed three percent of
    otherwise acquired

20
Renewables Why?
  • Portfolio diversity
  • Fuel cost
  • -Non-existent, all cost in construction and
    OM
  • -Shielded from fuel cost volatility and
    unpredictability
  • Abundance
  • Domestic supply
  • Political support
  • Environmental impacts

21
Installed Wind Capacity (MW) as of 12/2006
(Source AWS Truewind)
22
Wind Momentum
  • Federal PTC (Production Tax Credit)
  • State Renewable Portfolio Standards (RPS)
  • Technological Improvements
  • Price Volatility for Other Fuels (i.e., Natural
    Gas)
  • Interest in Green Power / Clean Energy Sources
  • Climate Change / Energy Independence

23
Current Wind Power Facilities in Ohio
  • NO wind applications submitted to OPSB to date.
  • Currently 4 utility-scale wind turbines in Ohio
    (near Bowling Green).
  • Collaboration of AMP-O and GM
  • 1.8 MW each, for a total of 7.2 MW
  • Towers are 257 feet tall
  • Blades are 132 feet long
  • In addition to the turbines at BG, there are
    numerous smaller operating turbines across the
    state.

24
Wind Legislation
  • Amended Substitute House Bill No. 562
  • Signed by Governor Strickland on June 24, 2008
  • Authorizes local zoning of any wind farm with
    capacity less than five megawatts
  • Ohio Power Siting Board certification required
    for wind farm of five megawatts or more
  • OPSB rules 120 days after effective date

25
OPSB Wind Rules
  • Staff proposed rules issued for comment September
    15
  • Comments due September 29
  • Reply Comments due October 7

26
application filing requirements
  • wind power facility or facility, means all the
    turbines, collection lines, any associated
    substations and all other associated equipment
  • project area means the total wind power facility
    and the buffer area(s), including associated
    setbacks.

27
project summary and general instructions
  • Summary and overview of the proposed project
    suitable as a reference for state and local
    governments and for the public.
  • General purpose of the facility.
  • Description of the proposed facility.
  • Description of the project area selection
    process, including major alternatives
    considered.
  • Principal environmental and socioeconomic
    considerations
  • Project schedule.
  • Maps using digital, geographically-referenced
    data.
  • All relevant technological, financial,
    environmental, social and ecological information
    that is generally known in the industry to be of
    potential concern for the particular type of
    facility proposed.

28
project description and schedule
  • Type, number of turbines, estimated net
    demonstrated capability, annual capacity factor
    and hours of annual generation.
  • Land area requirement.
  • Major equipment including the footprint of the
    turbine, the height of the turbine including any
    foundation, and the blade length.
  • Description of the need for new transmission
    line(s) associated with the proposed facility.
  • Project schedule.
  • Acquisition of land and land rights.
  • Wild life surveys/studies.
  • Preparation of the application.
  • Submittal of the application for certificate.
  • Issuance of the certificate.
  • Preparation of the final design.
  • Construction of the facility.
  • Placement of the facility in service.
  • Impact of critical delays on the eventual
    in-service date.

29
project area site selection study
  • Description of the study area or geographic
    boundaries selected, including the rationale for
    the selection.
  • Map which includes the study area and which
    depicts the general project areas which were
    evaluated.
  • Comprehensive list and description of all
    qualitative and quantitative siting criteria,
    factors, or constraints utilized by the
    applicant, including any evaluation criteria or
    weighting values assigned to each.
  • Description of the process by which the applicant
    utilized the siting criteria to determine the
    proposed site and any proposed alternative
    site(s).
  • Description of the sites selected for evaluation,
    their final ranking, and the factors and
    rationale used by the applicant for selecting the
    proposed site and any proposed alternative
    site(s).
  • Any constraint map utilized for the study
    directly to the board staff for review.
  • Summary table comparing the sites, utilizing the
    technical, financial, environmental,
    socioeconomic, and other factors identified in
    the study.

30
technical data
  • Geography and topography
  • Map of five-mile radius showing the following
    features
  • The proposed facility.
  • Major population centers and geographic
    boundaries.
  • Major transportation routes and utility
    corridors.
  • Bodies of water which may be directly affected by
    the proposed facility.
  • Topographic contours.
  • Major institutions, parks, recreational areas.
  • Residential, commercial and industrial buildings
    and installations.
  • Air transportation facilities, existing or
    proposed.

31
  • Aerial photograph containing a one-mile radius in
    relation to surface features.
  • Map showing the following existing features
  • Topographic contours.
  • Existing vegetative cover.
  • Land use and classifications.
  • Individual structures and installations.
  • Surface bodies of water.
  • Water and gas wells.
  • Vegetative cover that may be removed during
    construction.

32
  • Geology and seismology.
  • Map and cross-sectional view, showing the
    geological features of the proposed site and the
    location of test borings.
  • Suitability of the site geology and plans to
    remedy any inadequacies
  • Suitability of soil for grading, compaction, and
    drainage, and describe plans to remedy any
    inadequacies.
  • Hydrology and wind.
  • Natural and the man-affected water budgets,
    including the ten-year mean and critical (lowest
    seven-day flow in ten years) surface flows and
    the mean and extreme water tables during the past
    ten years for each body of water likely to be
    directly affected by the proposed facility.
  • Analysis of the prospects of floods and high
    winds for the area, and describe plans to
    mitigate any likely adverse consequences.
  • Maps of aquifers which may be directly affected
    by the proposed facility.

33
layout and construction
  • Site activities
  • Site preparation and reclamation operations,
    including
  • Test borings.
  • Removal of vegetation.
  • Grading and drainage provisions.
  • Access roads.
  • Removal and disposal of debris.
  • Post-construction reclamation

34
  • Map with Layout Requirements
  • Electric power generating wind turbines.
  • Transformers and collection lines.
  • Construction lay down area(s).
  • Transmission lines.
  • Substations.
  • Transportation facilities and access roads.
  • Security facilities.
  • Grade elevations where modified during
    construction.
  • Other pertinent installations.

35
  • Structures
  • Estimated overall dimensions.
  • Construction materials.
  • Color and texture of facing surfaces.
  • Photographic interpretation or Artist's pictorial
    sketches of the proposed facility from public
    vantage points.
  • Any unusual features.
  • Plans for construction/proposed construction
    sequence.
  • Any plans for future additions (including the
    type and timing) and maximum electric power
    generating capacity anticipated for the site.

36
  • Equipment
  • Electric power generating equipment.
  • Safety equipment
  • All proposed major public safety equipment.
  • The reliability of the equipment.
  • Turbine manufacturers safety standards. Include
    a complete copy of the manufacturers safety
    manual or similar document.
  • The applicant shall describe any other major
    equipment

37
regional electric power system
  • Applicant shall provide the following information
    relating to their generation interconnection
    request
  • Name of queue.
  • Web link of queue.
  • Queue number.
  • Queue date.
  • System Studies 
  • Feasibility study.
  • System impact study.

38
financial data
  • Current and proposed ownership status of the
    proposed facility, including site(s),
    rights-of-way, structures, and equipment,
    including type of ownership.
  • Capital and intangible costs
  • Applicable capital and intangible costs for the
    various alternatives.
  • Compare total costs per kilowatt with the
    applicant's similar facilities and explain any
    substantial differences.
  • Tabulate the present worth and annualized cost
    for capital costs and any additional cost details
    as required to compare capital cost of alternates.

39
  • Operation and maintenance expenses
  • Estimated annual operation and maintenance
    expenses for the first two years of commercial
    operation.
  • Compare the total operation and maintenance cost
    per kilowatt with applicant's similar facilities
    and explain any substantial differences.
  • Tabulate the present worth and annualized
    expenditures for operating and maintenance costs
    as well as any additional cost breakdowns as
    required to compare alternatives
  • Delays
  • Estimate of the cost for a delay prorated to a
    monthly basis beyond the projected in-service
    date.

40
environmental data
  • Air
  • Preconstruction.
  • Ambient air quality of the proposed site and any
    proposed alternative s
  • Federal and/or Ohio new source performance
    standards (NSPS), applicable air quality
    limitations, applicable national ambient air
    quality standards (NAAQS), and applicable
    prevention of significant deterioration (PSD)
    increments.
  • List of all required permits to install and
    operate air pollution sources.
  • How the proposed facility will achieve compliance
    with air requirements
  • Construction. Plans to control emissions during
    the site clearing and construction phase.

41
water
  • Preconstruction
  • List of all permits required to install and
    operate the proposed facility.
  • Location and sampling depths on a map of all
    water monitoring and gauging stations used in
    collecting preconstruction survey data.
  • Construction
  • Water monitoring and gauging stations to be
    utilized during the construction.
  • Quality and quantity of aquatic discharges from
    the site clearing and construction
  • Any plans to mitigate the above effects in
    accordance with current federal and Ohio
    regulations.
  • Any changes in flow patterns and erosion due to
    site clearing and grading operations.
  • Operation
  • Schedule for receipt of the national pollution
    discharge elimination system permit.
  • Quantitative flow diagram or description for
    water and water-borne wastes through the proposed
    facility resulting from run-off from soil or
    other surfaces.
  • How the proposed facility incorporates maximum
    feasible water conservation practices considering
    available technology and the nature and economics
    of the various alternatives.

42
solid waste
  • Preconstruction
  • Nature and amount of debris and solid waste on
    the site.
  • Any plans to deal with such wastes.
  • Construction
  • Estimate the nature and amounts of debris and
    other solid waste generated during construction
    operations.
  • Describe the proposed method of storage and
    disposal of these wastes.
  • Operation
  • Estimate the amount, nature, and composition of
    solid wastes generated during the operation of
    the proposed facility.
  • Describe proposed methods for storage, treatment,
    transport, and disposal of these wastes.
  • Licenses and permits The applicant shall
    describe its plans and activities leading toward
    acquisition of waste generation, storage,
    treatment, transportation and/or disposal
    permits.

43
social and ecological datahealth and safety
  • Demographic Existing and ten-year projected
    population estimates for communities within five
    miles of the site.
  • Water Estimate the impact to public and private
    water supplies due to construction and operation
    of the proposed facility.
  • Ice throw Evaluate and describe the potential
    impact from ice throw at the nearest property
    boundary, including plans to minimize potential
    impacts if warranted.
  • Blade shear Evaluate and describe the potential
    impact from blade shear at the nearest property
    boundary, including plans to minimize potential
    impacts if warranted.
  • Shadow flicker The applicant shall evaluate and
    describe the potential impact from shadow flicker
    at adjacent residential structures and primary
    roads, including its plans to minimize potential
    impacts if warranted.

44
Noise
  • Describe the construction noise levels expected
    at the nearest property boundary.
  • Dynamiting activities.
  • Operation of earth moving equipment.
  • Driving of piles.
  • Erection of structures.
  • Truck traffic.
  • Installation of equipment.
  • Evaluate operational noise levels expected at the
    nearest property boundary, under both day and
    night time conditions through use of
    generally-accepted computer modeling software or
    similar methodology, including consideration of
    broadband, tonal, and low-frequency noise levels
  • Indicate location of any noise-sensitive areas
    within one mile
  • Describe equipment and procedures to mitigate the
    effects of noise emissions from the proposed
    facility during construction and operation

45
social and ecological dataecological impact
  • Site information
  • Map containing a one half-mile radius from the
    proposed facility
  • The facility boundary.
  • Undeveloped or abandoned land such as wood lots,
    wetlands, or vacant fields.
  • Results of a survey of the vegetation within the
    site boundary and within a one-fourth mile
    distance from the site perimeter.
  • Results of a survey of the animal life within the
    site boundary and within a one-fourth mile
    distance from the site perimeter.
  • Summary of any studies which have been made by or
    for the applicant addressing the ecological
    impact of the proposed facility.
  • List of major species from the surveys of biota.
    "Major species" are those which are of commercial
    or recreational value, or species designated as
    endangered or threatened in accordance with U.S.
    and Ohio threatened and endangered species lists.

46
  • Construction
  • Estimate the impact of construction on
    undeveloped areas
  • Estimate the impact of construction on the major
    species
  • Describe the procedures to be utilized to
    minimize and mitigate both the short-term and
    long-term impacts
  • Operation
  • Estimate the impact of operation on the
    undeveloped areas
  • Estimate the impact of operation on the major
    species.
  • Describe the procedures to be utilized to
    minimize and mitigate and minimize both the
    short-term and long-term impacts of operation.
  • Describe any plans for post-construction
    monitoring of wildlife impacts

47
economics, land use and community development
  • Land uses
  • Map indicating general land uses within a
    five-mile radius of the site, including
    residential and urban, manufacturing and
    commercial, mining, recreational, transport,
    utilities, water and wetlands, forest and
    woodland, pasture and cropland.
  • Number of residential structures within 1,000
    feet of the boundary of the proposed facility,
    and identify all residential structures for which
    the nearest edge of the structure is within 100
    feet of the boundary of the proposed facility.
  • Impact of the proposed facility on the above land
    uses within a one-mile radius.
  • Identify structures that will be removed or
    relocated.
  • Describe formally adopted plans for future use of
    the site and surrounding lands for anything other
    than the proposed facility.
  • Describe the applicant's plans for concurrent or
    secondary uses of the site.

48
  • Describe proposed locations for wind turbine
    structures from property lines and habitable,
    residential structures, consistent with no less
    than the following minimum requirements
  • The distance from a wind turbine base to the
    property line of the wind farm property shall be
    at least one and one-tenth times the total height
    of the turbine structure as measured from its
    base to the tip of its highest blade.
  • The wind turbine shall be at least seven hundred
    fifty feet in horizontal distance from the tip of
    the turbines nearest blade at ninety degrees to
    the exterior of the nearest, habitable,
    residential structure, if any, located on
    adjacent property at the time of the
    certification application.
  • Minimum setbacks may be waived in the event that
    all owners of property adjacent to the turbine
    agree to such waiver, pursuant to rule

49
(No Transcript)
50
  • Economics
  • Annual total and present worth of construction
    and operation payroll.
  • Construction and operation employment and number
    that will be employed from the region.
  • Increase in county, township, and city tax
    revenue accrued from project
  • Economic impact of the proposed facility on local
    commercial and industrial activities.
  • Public services and facilities. Describe the
    probable impact of the construction and operation
    on public services and facilities.
  • Impact on regional development.
  • Describe the impact of the proposed facility on
    regional development, including housing,
    commercial and industrial development, and
    transportation system development.
  • Assess the compatibility of the proposed facility
    and the anticipated resultant regional
    development with current regional plans.

51
cultural impact
  • Map with registered landmarks of historic,
    religious, archaeological, scenic, natural or
    other cultural significance within five miles of
    the proposed site.
  • The estimated impact of the proposed facility on
    the preservation and continued meaningfulness of
    these landmarks and plans to mitigate any adverse
    impact.
  • Landmarks to be considered are those districts,
    sites, buildings, structures and objects which
    are recognized by, registered with, or identified
    as eligible for registration by the national
    registry of natural landmarks, the Ohio
    historical society, or the Ohio department of
    natural resources.
  • Existing and formally adopted land and water
    recreation areas within five miles
  • Identify and estimate the impact on recreational
    areas within one mile of the proposed site in
    terms of their proximity to population centers,
    uniqueness, topography, vegetation, hydrology,
    and wildlife describe plans to minimize and
    mitigate any adverse impact.
  • Measures that will be taken to minimize any
    adverse visual impacts created by the facility,
    including but not limited to, site location,
    lighting and facility coloration. In no event
    shall these measures conflict with relevant
    safety requirements.

52
public responsibility
  • Applicant's program for public interaction for
    the siting, construction, and operation of the
    proposed facility, i.e., public information
    programs.
  • Insurance or other corporate programs for
    providing liability compensation for damages to
    the public resulting from construction or
    operation
  • Radio aor TV reception interference, and if
    warranted, measures that to minimize
    interference.
  • Potential for the facility to interfere with
    military RADAR systems, and if warranted,
    describe measures that will be taken to minimize
  • Anticipated impact to roads and bridges
    associated with construction vehicles and
    equipment delivery and measures to repair roads
    and bridges to at least the condition present
    prior to the project.
  • Plan for decommissioning the proposed facility,
    including a discussion of any financial
    arrangements designed to assure the requisite
    financial resources.

53
agricultural district impact
  • All agricultural land, and separately all
    agricultural district land, identified on a map
  • Quantification of the acreage impacted, and
    evaluation of the impact of the construction,
    operation, and maintenance of the proposed
    facility on the following agricultural practices
    within the proposed facility site boundaries
  • Field operations (i.e., plowing, planting,
    cultivating, spraying, harvesting, etc.)
  • Irrigation
  • Field drainage systems
  • Mitigation procedures to be utilized by the
    applicant during construction, operation, and
    maintenance to reduce impacts to the agricultural
    land
  • The impact of the construction and maintenance of
    the proposed facility on the viability as
    agricultural land of any land so identified. The
    evaluation shall include impacts to cultivated
    lands, permanent pasture land, managed woodlots,
    orchards, nurseries, livestock and poultry
    confinement areas and agriculturally related
    structures. Changes in land use and changes in
    methods of operation made necessary by the
    proposed facility shall be evaluated.

54
challenges remain.
  • Public opposition in some areas is organizing
    (aesthetics, noise, property values)
  • Turbine Availability (high current global demand
    for turbines)
  • Dispatching Considerations
  • Cost Increases
  • Potential Avian/Bat Impacts
  • Interconnection Issues
  • Regulatory Uncertainty (i.e., life of PTC,
    national RPS, etc)

55
Ohio Power Siting Board
  • www.OPSB.ohio.gov
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