NJ Passes Bill to Foster Development of OffShore Wind Generation

In less than a month, the New Jersey legislature introduced and passed S-2036, the “Offshore Wind Economic Development Act." Both the NJ Senate and the Assembly passed the Senate version on June 28, 2010. This swift action quickly followed NJ’s joining a 10-state Atlantic OffShore Wind Consortium.

The bill establishes an offshore wind renewable energy certificate program that will require a percentage of electricity sold in NJ to be from offshore wind energy. The New Jersey Board of Public Utilities will be authorized to accept and approve applications for qualified offshore wind projects. The New Jersey Economic Development Authority will have the authority to provide financial assistance to qualified offshore wind projects and associated equipment manufacturers and assembly facilities in the state.

Concerns about potential environmental impacts have been soothed by the conclusions of a two year study led by New Jersey Department of Environmental Protection and announced in draft form on June 18, 2010. The study surveyed bird species, marine mammals, sea turtles and fish off the NJ coast and assessed the likely impact from the construction, operation and decommissioning of an offshore wind farm. The final report will provide the necessary data to screen sites, estimate potential impacts on sea animals and mitigation. NJDEP Commissioner Martin noted, “We now have the science and data needed to take the first steps towards making wind energy projects a reality for New Jersey. It puts us in the forefront environmentally, while also providing New Jersey with a great economic boost from jobs that will be created by this new green industry.” The final report is expected to be released in July.

In testimony before the Senate Budget and Appropriations Committee, on June 23, Commissioner Martin may have dampened NJ’s enthusiasm for such projects when he candidly acknowledged that wind power is expensive compared to the cost of electricity NJ consumers currently pay. Wind power is expected to cost 18 to 24 cents per kilowatt hour, compared to 11 cents. Hal Bozarth, Executive Director of the Chemistry Council of New Jersey, cast more doubt on the promise of wind energy, stating, "The economic studies I’ve seen indicate on the wind farms side of things, you don’t create a lot of jobs."

In spite of some naysayers, Governor Christie is expected to sign the bill.


Susanne Peticolas is a Director in the Gibbons Real Property & Environmental Department.

Remember (the) Maine!: Supreme Court Raises Bar in FERC Proceedings for Non-Parties Who Challenge Electric Rates Set by Contract

The Federal Power Act (FPA), which gives the Federal Energy Regulatory Commission (FERC) jurisdiction over interstate electricity sales, requires that all wholesale electricity rates be “just and reasonable,” including rates set by contracts between suppliers and purchasers. In its latest decision in this area, in NRG Power Marketing, LLC v. Maine Public Utilities Commission, No. 08-674, 558 U.S. -- (January 13, 2010), the Supreme Court, by an 8-1 vote, extended a doctrine first developed more than fifty years ago and made it extremely difficult for those who were not parties to the contract -- even states -- to challenge contractually set rates in FERC proceedings.

The complete article, as published in In-Sites, can be viewed here.


John H. Klock is a Director in the Gibbons Real Property & Environmental Department.