Mendocino County wants to be an official player in the Pacific Gas and Electric plan to develop wave energy off Fort Bragg.
But because the county waited until after the end of the Federal Energy Regulatory Commission”s filing period, it has to argue for inclusion as “intervener.”
“The county urgently requests the Commission accept and grant the County”s late Motion to Intervene to obtain party status,” the motion states.
“Party status is urgently necessary ? because the proposed project is located geographically in the County”s backyard,” in the waters and on land adjacent to the County”s unparalleled and protectively developed coastline,” the motion states.
The county motion says 25 percent of county revenue comes from tourism, which would be impacted by wave energy.
“The impact to the County”s fishing industry alone, valued last year at $5,763,048, will undoubtedly have to be carefully examined and input from the fishing community seriously evaluated,” the motion states.
The U.S. Department of the Interior, the Department of Commerce, and the City and County of San Francisco all filed timely motions.
“None of these entities can claim the direct relationship to the resource area or represent the population primarily dependent on the resource area and most impacted by its close proximity to the project, as does the County,” the county”s motion states. “None of these entities can adequately represent the interest of the County”s citizens in their local marine and coastal resources.”
The county wasn”t formally included or invited.
“PG&E was not mandated to and did not initiate contact with or notify the County regarding its application prior to its filing; both the application and the Commission”s April 6, 2007 Notice of Application Accepted for Filing and Soliciting Motions to Intervene, Protests and Comments, only recently came to the County”s attention,” the filing states.
The deadline to file such motions was June 6, said Celeste Miller of the Federal Energy Regulatory Commission.
“We currently do not have an agenda out for our next meeting on Nov. 15. The agenda will be public on Nov. 8. Having said that, the commission can act at any time on this motion,” Miller said.
The county points out that 70 percent of the county”s 86,000 residents live in unincorporated areas. And, although most of the PG&E application is off the city of Fort Bragg, there are some overlapping areas and the project would impact all 120 miles of the county”s coastline, the motion states.
“The County”s coastal resources are an interconnected and fragile natural resource; the County believes its development must be undertaken only with extreme care, with little risk to public safety and the environment,” the motion states. “Should a license be issued for this project, the County”s role and responsibility to participate in the protection of its resources and advocate on behalf of its citizenry is best served by becoming a party to the pending proceedings now, during the initial stages of the project.”
The county argued in its Oct. 15 motion that allowing it to play a role now won”t hurt anybody, as the commission has not made any decision on the PG&E application.
“No other party to this proceeding adequately represents the County”s interests and the County only recently became aware that its interests are not adequately represented by any other party to the proceeding,” the motion states.
On Feb. 27, PG&E filed an application for a preliminary permit for a project entitled Mendocino WaveConnect Project. The proposal covers a 68-square-mile project area.
“PG&E will obtain data and perform the acts required to determine the feasibility of a large scale wave energy project up to 40 MW [megawatts] in installed capacity,” the county filing states.
The Fort Bragg City Council, too, filed its first official statement with the Federal Energy Regulatory Commission in October. PG&E had filed a city council resolution from last year that appeared to be the city supporting their application.
“We would like to clarify that the resolution, which was adopted on October 10, 2006, is not a resolution of support for PG&E”s project, but rather, it is a statement of the City Council”s general support for the development of renewable energy sources, including wave energy.”
The city then lists many of the impacts and asks the Federal Energy Regulatory Commission to involve the community at every step.
Even more recently, at this week”s City Council meeting, the council announced plans to comment on the commission”s plan for a faster permitting process. The city wants the commission to do more to consider the number of permits and how fishing, environmental protection and other ocean interests will fit with wave energy.
The county”s motion to intervene and protest was followed by a corrected filing two days later.
The county says because wave energy is a new industry with many undefined areas, it would be in the Federal Energy Regulatory Commission”s best interest to have the county involved to help identify those issues.
“Further, given the nascent state of wave power development in the United States and abroad, “PG&E anticipates that this project will face a variety of familiar and unfamiliar requirements and development challenges,” the motion states. “The County must be informed of how these requirements and challenges unfold, as they unfold, and are resolved, prior to the licensing phase and be given equal status to provide input to the Commission as it makes decisions in the development of this innovative and exciting technology along the County”s coastline.”
The county says PG&E does anticipate studying potential effects of its project on three broad areas: marine life, use of sea space and coastal processes.
“While the County is certainly supportive of and looks forward to the development of a clean, renewable, energy source off its coastline, the potential for significant impacts to its coastal environment, its coastal communities and its economy necessitates recognition of the County as a primary stake holder and participation as a party as the Commission further considers PG&E”s Mendocino WaveConnect Project,” the county motion, authored by Jeanine B. Nadel, county counsel, states.
