New Jersey Board of Public Utilities Rejects Agreement on Offshore Wind Project

by Cozen O'Connor
Contact

On July 19, 2013, the New Jersey Board of Utilities (the Board) rejected a stipulated agreement that would have allowed New Jersey’s first offshore wind energy project to move forward. The Board’s failure to approve the stipulation is significant because the developer, Fishermen’s Energy, LLC (Fishermen), was able to reach an agreement over costs to ratepayers with the New Jersey Division of Rate Counsel (Rate Counsel), which had been opposed to the project until recently. As a result, Fisherman may now miss a year-end deadline to qualify for state tax credits that are necessary for the project to be economically viable.

Fishermen proposed constructing five wind turbines 2.8 miles off of the Atlantic City Coast at a cost of roughly $200 million (the project). The turbines would generate approximately 25 megawatts of electricity, which could provide energy for an estimated 20,000 customers.

New Jersey’s Offshore Wind Economic Development Act (OWEDA), enacted in 2010, requires that New Jersey offshore wind energy projects provide a net economic benefit to the state. Rate Counsel initially opposed the project over concerns that it would not meet this requirement. Fishermen’s ability to obtain $100 million in federal incentives through Department of Energy grants and other tax incentives that would drive down project-related costs for ratepayers alleviated Rated Counsel’s doubts over the project, leading to the stipulated settlement.

The Board appeared particularly concerned over a provision that would require ratepayers to bear an additional $19.2 million in project costs if Fishermen is unable to obtain all of the federal incentives. Rate Counsel, however, believed that the stipulation provided New Jersey ratepayers with appropriate protections and that the project would provide sufficient benefits to the state. Rate Counsel was satisfied with ratepayer costs and believed that the project would create jobs and increase New Jersey’s production of clean energy.

There has also been concern over the generally elevated costs of wind energy. New Jersey businesses, which are already subject to comparatively high energy prices, are wary of projects that might increase energy costs even further.

The project has already been approved by the U.S. Army Corps of Engineers and the New Jersey Department of Environmental Protection. Once approval from the Board is obtained, Fishermen may move forward and begin construction. Since the Board has rejected the stipulated agreement, Fishermen may try and amend the stipulated agreement (with Rate Counsel) to address the Board’s concerns and resubmit the stipulation for approval. If a satisfactory stipulated agreement is not reached, the Board may begin a formal proceeding to evaluate the project.

 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Cozen O'Connor | Attorney Advertising

Written by:

Cozen O'Connor
Contact
more
less

Cozen O'Connor on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.