Atlantic Wind Lease Sale 3 (ATLW3) Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore Maryland-Proposed Sale Notice, 76643-76653 [2013-29977]
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Federal Register / Vol. 78, No. 243 / Wednesday, December 18, 2013 / Notices
Sixth Principal Meridian
T. 53 N., R. 98 W.,
Lots 38A to 38H, inclusive, and lots 39A
to 39H, inclusive;
Sec. 34, lots 1 to 4, inclusive and E1⁄2.
The areas described aggregate 1,106.76
acres in Park County.
[FR Doc. 2013–30085 Filed 12–17–13; 8:45 am]
publication of the Final Sale Notice
(FSN).
All bidders interested in participating
in the lease sale who have not
previously been qualified by BOEM to
participate in this lease sale must
submit the required qualification
materials by the end of the 60-day
comment period for this notice. All
qualification materials must be
postmarked no later than February 18,
2014.
BILLING CODE 4310–MN–P
ADDRESSES:
Dated: December 3, 2013.
Rhea S. Suh,
Assistant Secretary—Policy, Management
and Budget.
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2013–0002;
MMAA104000]
Atlantic Wind Lease Sale 3 (ATLW3)
Commercial Leasing for Wind Power
on the Outer Continental Shelf
Offshore Maryland—Proposed Sale
Notice
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Proposed Sale Notice for
Commercial Leasing for Wind Power on
the Outer Continental Shelf Offshore
Maryland.
AGENCY:
This document is the
Proposed Sale Notice (PSN) for the sale
of commercial wind energy leases on
the Outer Continental Shelf (OCS)
offshore Maryland, pursuant to BOEM’s
regulations at 30 CFR 585.216. BOEM
proposes to offer for sale two leases,
Lease OCS–A 0489 and Lease OCS–A
0490. BOEM will use a multiple-factor
auction for the lease sale. In this PSN,
you will find information pertaining to
the areas available for leasing, proposed
lease provisions and conditions, auction
details, the lease form, criteria for
evaluating competing bids, award
procedures, appeal procedures, and
lease execution. BOEM invites
comments during a 60-day comment
period following publication of this
notice. The issuance of the proposed
leases resulting from this sale would not
constitute an approval of projectspecific plans to develop offshore wind
energy. Such plans, expected to be
submitted by successful lessees, will be
subject to subsequent environmental
and public review prior to a decision to
proceed with development.
DATES: Comments should be submitted
electronically or postmarked no later
than February 18, 2014. All comments
received or postmarked during the
comment period will be made available
to the public and considered prior to
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SUMMARY:
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Potential auction
participants, Federal, state, and local
government agencies, tribal
governments, and other interested
parties are requested to submit their
written comments on the PSN in one of
the following ways:
1. Electronically: https://
www.regulations.gov. In the entry
entitled, ‘‘Enter Keyword or ID,’’ enter
BOEM–2013–0002 then click ‘‘search.’’
Follow the instructions to submit public
comments.
2. Written Comments: In written form,
delivered by hand or by mail, enclosed
in an envelope labeled ‘‘Comments on
Maryland PSN’’ to: Office of Renewable
Energy Programs, Bureau of Ocean
Energy Management, 381 Elden Street,
HM 1328, Herndon, Virginia 20170.
3. Qualifications Materials: Those
submitting qualifications materials
should contact Erin C. Trager, BOEM
Office of Renewable Energy Programs,
381 Elden Street, HM 1328, Herndon,
Virginia 20170, (703) 787–1320, or
erin.trager@boem.gov.
If you wish to protect the
confidentiality of your comments or
qualification materials, clearly mark the
relevant sections and request that BOEM
treat them as confidential. Please label
privileged or confidential information
with the caption, ‘‘Contains
Confidential Information’’ and consider
submitting such information as a
separate attachment. Treatment of
confidential information is addressed in
the section of this PSN entitled
‘‘Protection of Privileged or Confidential
Information’’. Information that is not
labeled as privileged or confidential will
be regarded by BOEM as suitable for
public release.
FOR FURTHER INFORMATION CONTACT: Erin
C. Trager, BOEM Office of Renewable
Energy Programs, 381 Elden Street, HM
1328, Herndon, Virginia 20170, (703)
787–1320 or erin.trager@boem.gov.
Authority: This PSN is published pursuant
to subsection 8(p) of the OCS Lands Act (43
U.S.C. 1337(p)) (‘‘the Act’’), as amended by
section 388 of the Energy Policy Act of 2005
(EPAct), and the implementing regulations at
30 CFR part 585, including 30 CFR 585.211
and 30 CFR 585.216.
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Background: The area described for
leasing in this PSN is the same as the
area described in the Maryland Call for
Information and Nominations (Call) (77
FR 5552, Feb. 3, 2012). Detailed
information regarding the lease areas is
provided in the section entitled, ‘‘Areas
Offered for Leasing.’’
On February 3, 2012, BOEM
published the Notice of Availability
(NOA) (77 FR 5560) for the final
Environmental Assessment (EA) and
Finding of No Significant Impact
(FONSI) for commercial wind lease
issuance and site assessment activities
on the Atlantic OCS offshore New
Jersey, Delaware, Maryland, and
Virginia, pursuant to the National
Environmental Policy Act.
Consultations ran concurrently with the
preparation of the EA and included
consultation under the Endangered
Species Act (ESA), the MagnusonStevens Fishery Conservation and
Management Act (MSFCMA), section
106 of the National Historic
Preservation Act (NHPA), and the
Coastal Zone Management Act (CZMA).
The Commercial Wind Lease Issuance
and Site Assessment Activities on the
Atlantic Outer Continental Shelf
Offshore New Jersey, Delaware,
Maryland, and Virginia Final
Environmental Assessment (MidAtlantic EA) can be found at: https://
www.boem.gov/Renewable-EnergyProgram/Smart-from-the-Start/
Index.aspx.
On May 29, 2012, BOEM initiated
consultation with the National Marine
Fisheries Service under the ESA for
geological and geophysical (G&G)
activities in support of oil and gas
exploration and development,
renewable energy, and marine minerals
in the Mid- and South Atlantic Planning
Areas. Formal consultation concluded
with receipt of a Biological Opinion
dated July 19, 2013. The Biological
Opinion, along with the previous
informal consultation, informed the
development of this proposed sale of
commercial wind leases offshore
Maryland.
Additional environmental reviews
will be prepared upon receipt of a
Lessee’s proposed project-specific plans,
such as a Site Assessment Plan (SAP) or
Construction and Operations Plan
(COP).
Atlantic Grid Holdings LLC (ROW)
Grant Request: On March 31, 2011,
Atlantic Grid Holdings LLC submitted
an unsolicited application for a Right-ofWay grant on the OCS. Potential bidders
should be aware that the unsolicited
application is under consideration by
BOEM, and that a portion of the project
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is proposed to be situated within the
Maryland Wind Energy Area (WEA).
Following publication of a notice for a
60-day comment period to determine
interest in the grant, BOEM published
its determination of no competitive
interest (77 FR 28620, May 5, 2012). The
nomination and associated notices can
be found at: https://www.boem.gov/
Renewable-Energy-Program/StateActivities/Regional-Proposals.aspx.
Deadlines and Milestones For
Bidders: This section describes the
major deadlines and milestones in the
auction process from publication of this
PSN to execution of leases pursuant to
the sale. These are organized into
various stages: (1) The PSN comment
period; (2) from the end of PSN
comment period to publication of the
FSN; (3) the FSN waiting period; (4)
conducting the Auction; and (5) from
the Auction Stage to Lease Execution.
1. The PSN Comment Period:
• Submit Comments: The public is
invited to submit comments during this
60-day period.
• Public Seminar: BOEM will host a
public seminar to discuss the lease sale
process and the auction format.
• Receive Qualifications Materials:
All qualifications materials must be
received by BOEM by the end of the 60day PSN comment period. This includes
materials sufficient to establish a
company’s legal, technical and financial
qualifications.
• Select and Invite Panelists: BOEM
will appoint a panel of three BOEM
employees for the purposes of reviewing
the non-monetary packages and
verifying the results of the lease sale.
2. End of PSN Comment Period to
FSN Publication
• Review Comments: BOEM will
review all comments submitted in
response to the PSN during the
comment period.
• Finalize Qualifications Reviews:
BOEM will complete any outstanding
qualifications reviews using materials
that were submitted during the PSN
comment period and requested by
BOEM prior to the FSN. The final list
of eligible bidders will be published in
the FSN.
• Prepare the FSN: BOEM will
prepare the FSN by updating the PSN
where appropriate.
• Brief and Update the BOEM
Maryland Intergovernmental Task
Force: BOEM will schedule a meeting or
webinar of the BOEM Maryland
Intergovernmental Task Force to discuss
the FSN.
3. FSN Waiting Period
• Publish FSN: BOEM will publish
the FSN in the Federal Register.
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• Bidder’s Financial Form (BFF):
Within 14 days of publication of the
FSN in the Federal Register, eligible
bidders must submit a complete and
signed BFF to BOEM. Once this
information has been processed by
BOEM, bidders may log into pay.gov
and leave bid deposits. If BOEM does
not receive the BFF by the date
mentioned in the Federal Register, a
company may be disqualified from
participating in the auction.
• Bid Deposits: Within 30 days of
publication of the FSN in the Federal
Register, bidders must submit a bid
deposit meeting the requirements listed
in the FSN. Any bidder that fails to
submit the bid deposit by the deadline
included in the FSN may be disqualified
from participating in the auction.
• Non-Monetary Package: Within 30
days of publication of the FSN in the
Federal Register, bidders seeking a nonmonetary credit must submit a nonmonetary package meeting the
requirements listed in the FSN.
• Mock Auction: BOEM will hold a
Mock Auction open to qualified sale
bidders only. The Mock Auction will
take place approximately one week
before the lease sale. Final details of the
Mock Auction will be provided in the
FSN.
4. Conducting the Auction: BOEM,
through its contractor, will hold an
auction as described in this notice. The
auction will take place no sooner than
30 days following publication of the
FSN in the Federal Register. The
estimated timeframes described in this
notice assume an auction date
approximately 45 days after publication
of the FSN.
• Convene Panel: The panel will
convene to consider non-monetary
packages submitted by qualified
bidders. The panel will send
determinations of credit eligibility to
BOEM, and BOEM will inform eligible
bidders. Bidders will not be informed of
the non-monetary credit eligibility of
other bidders before the auction.
• Monetary Auction: The monetary
auction will be conducted on the date
specified in the FSN.
• Announce Provisional Winners:
BOEM will announce the provisional
winners of the lease sale after the
auction ends.
• Reconvene the Panel: The panel
will reconvene to verify auction results.
5. From Auction to Lease Execution
• Refund Non-Winners: BOEM will
return the bid deposit of any bidder that
did not win a lease in the lease sale.
BOEM will provide a written
explanation of why the bidder did not
win.
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• Department of Justice (DOJ) Review:
BOEM will allow DOJ 30 days in which
to conduct an antitrust review of the
auction, pursuant to 43 U.S.C. 1337(c),
which reads, in relevant part:
Antitrust review of lease sales.
Following each notice of a proposed
lease sale and before the acceptance of
bids and the issuance of leases based on
such bids, the Secretary [of the Interior]
shall allow the Attorney General, in
consultation with the Federal Trade
Commission, 30 days to review the
results of such lease sale, except that the
Attorney General, after consultation
with the Federal Trade Commission,
may agree to a shorter review period.
• Delivery of Leases: BOEM will send
three lease copies to each winner, with
instructions on how to execute the
leases. The first 6-months of the first
year’s rent payment is due 45 days after
the winner receives the lease copies for
execution.
• Return the Leases: The auction
winners will have 10 business days
from receiving the lease copies in which
to file financial assurance, pay any
outstanding balance of their bonus bids,
and return the three executed lease
copies.
• Execution of Leases: Once BOEM
has received the signed lease copies and
verified that all required materials have
been received, BOEM will make a final
determination regarding its execution of
the leases and will execute the leases if
appropriate.
Financial Terms and Conditions: This
section provides an overview of the
basic annual payments required of a
Lessee that will be fully described in
each lease.
Rent
The first year’s rent payment of $3 per
acre for the entire lease area will be
separated into two 6-month payments.
The first 6-month payment is due
within 45 days of the date the Lessee
receives the lease for execution. The
second 6-month payment is due by the
first day of the seventh month after the
Effective Date of the lease. Thereafter,
annual rent payments are due on the
anniversary of the Effective Date of the
lease, i.e., the Lease Anniversary. Once
the first commercial operations under
the lease begin, rent will be charged on
the remaining part of the lease not
authorized for commercial operations,
i.e., not generating electricity. However,
instead of geographically dividing the
lease area into acreage that is
‘‘generating’’ and acreage that is ‘‘nongenerating,’’ the fraction of the lease
accruing rent is based on the fraction of
the total nameplate capacity of the
project that is not yet in operation. The
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fraction is the nameplate capacity (as
defined herein) at the time payment is
due, which is not yet authorized for
commercial operations, divided by the
maximum nameplate capacity after full
installation of the project, as defined in
the COP. This fraction is then
multiplied by the amount of rent that
would be due for the Lessee’s entire
leased area at the rental rate of $3 per
acre to obtain the annual rent due for a
given year.
For example, for a lease the size of
79,707 acres (the size of the entire
Maryland WEA), the amount of rent
payment will be $239,121 per year if no
portion of the leased area is authorized
for commercial operations. If 500
megawatts (MW) of a project’s
nameplate capacity is operating (or
authorized for operation), and its most
recent approved COP specifies a
maximum nameplate capacity of 1000
MW, the rent payment would be
$119,560.50.
The Lessee also must pay rent for any
project easement associated with the
lease commencing on the date that
BOEM approves the COP (or COP
modification) that describes the project
easement. Annual rent for a project
easement 200-feet wide and centered on
the transmission cable is $70.00 per
statute mile. For any additional acreage
required, the Lessee must also pay the
greater of $5.00 per acre per year or
$450.00 per year.
Operating Fee
The annual operating fee reflects a 2%
operating fee rate applied to a proxy for
the wholesale market value of electricity
production. The initial payment is
prorated to reflect the period between
the start of commercial operations and
the Lease Anniversary and is due within
45 days of the start of commercial
operations; thereafter, subsequent
annual operating fee payments are due
on or before each Lease Anniversary.
The annual operating fee payment is
calculated by multiplying an operating
fee rate by the imputed wholesale
market value of the projected annual
electric power production. For the
purposes of this calculation, the
imputed market value is the product of
the project’s annual nameplate capacity,
the total number of hours in the year
(8,760), a capacity utilization factor, and
the annual average price of electricity
derived from a historical regional
wholesale power price index.
Operating Fee Rate: The operating fee
rate is set at 0.02 (i.e., 2%) during the
entire life of commercial operations.
Nameplate Capacity: Nameplate
capacity is the maximum rated electric
output, expressed in MW, which the
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turbines of the wind facility under
commercial operations can produce at
their rated wind speed as designated by
the turbine’s manufacturer. The
nameplate capacity at the start of each
year of commercial operations on the
lease will be specified in the COP. For
example, if a Lessee has 20 turbines
under commercial operations rated by
the design manufacturer at 5 MW of
output each, the nameplate capacity of
the wind facility at the rated wind speed
of the turbines would be 100 MW.
Capacity Factor: Capacity factor
represents the share of anticipated
generation of the wind facility that is
delivered to the interconnection grid
(i.e., where the Lessee’s facility
interconnects with the electric grid)
relative to the wind facility’s generation
at continuous full power operation at
nameplate capacity, expressed as a
decimal between zero and one. The
capacity factor for the year in which the
Commercial Operation Date occurs and
for the first six full years of commercial
operations on the lease is set to 0.4 (i.e.,
40%) to allow for one year of
installation and testing followed by five
years at full availability. At the end of
the sixth year, the capacity factor may
be adjusted to reflect the performance
over the previous five years based upon
the actual metered electricity generation
at the delivery point to the electrical
grid. Similar adjustments to the capacity
factor may be made once every five
years thereafter. The maximum change
in the capacity factor from one period to
the next will be limited to plus or minus
10 percent of the previous period’s
value.
Wholesale Power Price Index: The
wholesale power price, expressed in
dollars per MW-hour, is determined at
the time each annual operating fee
payment is due, based on the weighted
average of the inflation-adjusted peak
and off-peak spot price indices for the
Northeast—PJM West power market for
the most recent year of data available as
reported by the Federal Energy
Regulatory Commission (FERC) as part
of its annual State of the Markets Report
with specific reference to the summary
entitled, ‘‘Electric Market Overview:
Regional Spot Prices.’’ The wholesale
power price is adjusted for inflation
from the year associated with the
published spot price indices to the year
in which the operating fee is to be due
based on the Lease Anniversary using
annual implicit price deflators as
reported by the U.S. Department of
Commerce, Bureau of Economic
Analysis.
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Financial Assurance
Within 10 business days after
receiving the lease copies, the
provisional winner must provide an
initial lease-specific bond or other
approved means of meeting the Lessor’s
initial financial assurance requirements,
in the amount of $100,000. BOEM will
base the amount of all SAP, COP, and
decommissioning financial assurance
requirements on estimates of cost to
meet all accrued lease obligations. The
amount of supplemental and
decommissioning financial assurance
requirements will be determined on a
case-by-case basis.
The financial terms can be found in
Addendum ‘‘B’’ of the proposed leases,
which BOEM has made available with
this notice on its Web site at: https://
boem.gov/Renewable-Energy-Program/
State-Activities/Maryland.aspx.
Place And Time: The auction will be
held online. The time that the auction
will be held will be published in the
FSN. The date has not been finalized,
but will be no earlier than 30 days after
publication of the FSN in the Federal
Register.
Public Seminar: BOEM will host a
public seminar to introduce potential
bidders and other stakeholders to the
auction format provided in the PSN,
explain the auction rules, and
demonstrate the auction process. The
time and place of the seminar will be
announced by BOEM and published on
the BOEM Web site. No registration or
RSVP will be required to attend.
Mock Auction: BOEM will host a
Mock Auction to educate qualified
bidders about the procedures to be
employed during the auction and to
answer questions. The Mock Auction
will take place between the publication
of the FSN in the Federal Register and
the date of the auction. Following
publication of the FSN in the Federal
Register, details of the Mock Auction
will be distributed to those eligible to
participate in the auction. All qualified
bidders that intend to participate in the
auction are strongly encouraged to
participate in the Mock Auction.
Bidders will be eligible to participate in
the Mock Auction if they have been
legally, technically and financially
qualified to participate in the lease sale,
and have submitted an adequate bid
deposit as discussed herein.
Bid Deposit: A bid deposit is an
advance cash deposit submitted to
BOEM in order to participate in the
auction. No later than the deadline
provided in the FSN, each bidder must
have submitted a bid deposit of
$450,000 per unit of desired initial
eligibility. Each lease is worth one unit
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of bid eligibility in the auction. The
required bid deposit for any participant
intending to bid on both leases in the
first round of the auction will be
$900,000. Any participant intending to
bid on only one of the leases during the
auction must submit a bid deposit of
$450,000. Any bidder that fails to
submit the bid deposit by the deadline
described in the FSN may be
disqualified from participating in the
auction. Bid deposits will be accepted
online via pay.gov. Following
publication of the FSN, each bidder
must fill out the BFF included in the
FSN. BOEM has made a copy of the
proposed BFF available with this notice
on its Web site at: https://boem.gov/
Renewable-Energy-Program/StateActivities/Maryland. This form requests
that each bidder designate an email
address, which the bidder should use to
create an account in pay.gov. After
establishing the pay.gov account,
bidders may use the Bid Deposit Form
on the pay.gov Web site to leave a
deposit.
Following the auction, bid deposits
will be applied against any bonus bids
or other obligations owed to BOEM. If
the bid deposit exceeds the bidder’s
total financial obligation, the balance of
the bid deposit will be refunded to the
bidder. BOEM will refund bid deposits
to unsuccessful bidders.
Minimum Bid: In this auction,
approximately 32,737 acres will be
offered for sale as Lease OCS–A 0489,
and approximately 46,970 acres will be
offered for sale as Lease OCS–A 0490.
BOEM proposes for this lease sale a
minimum bid of $2 per acre for each
lease area. Therefore, the minimum
acceptable bid will be $65,474 for Lease
OCS–A 0489, and $93,940 for Lease
OCS–A 0490.
Area Offered For Leasing: The area
described for leasing in this PSN is the
same as the area included in the
Maryland Call (77 FR 5552, Feb. 3,
2012). The area proposed to be available
for sale will be auctioned as two leases,
Lease OCS–A 0489 [North Lease Area
(North LA)] and Lease OCS–A 0490
[South Lease Area (South LA)]. The
North LA consists of 32,737 acres and
the South LA consists of 46,970 acres.
The total area is approximately 79,707
acres. If there are adequate bids, two
leases will be issued pursuant to this
lease sale. A description of the lease
areas can be found in Addendum ‘‘A’’
of the proposed leases, which BOEM
has made available with this notice on
its Web site at: https://boem.gov/
Renewable-Energy-Program/StateActivities/Maryland.aspx.
Map of the Area Offered for Leasing
A map of the North and South LAs
and a table of the boundary coordinates
in X, Y (eastings, northings) UTM Zone
18, NAD83 Datum and geographic X, Y
(longitude, latitude), NAD83 Datum can
be found at the following URL: https://
boem.gov/Renewable-Energy-Program/
State-Activities/Maryland.aspx.
A large scale map of these areas
showing boundaries of the area with
numbered blocks is available from
BOEM at the following address: Bureau
of Ocean Energy Management, Office of
Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia
20170, Phone: (703) 787–1320, Fax:
(703) 787–1708.
Delineation of the Leasing Areas
BOEM commissioned the Department
of Energy’s National Renewable Energy
Laboratory (NREL) to conduct an
analysis to inform BOEM’s
identification and delineation of leasing
areas within the Maryland WEA prior to
identifying areas to propose for leasing
in the PSN. NREL’s final report for the
Maryland WEA, ‘‘Assessment of
Offshore Wind Energy Leasing Areas for
the BOEM Maryland Wind Energy
Area,’’ was released on June 26, 2013,
and is available on BOEM’s Web site at:
https://boem.gov/Renewable-EnergyProgram/State-Activities/
Maryland.aspx.
BOEM delineated the WEA so that the
South LA is slightly larger than the
North LA, utilizing the results of the
NREL report to inform the identification
of these LAs. This delineation serves
two purposes. First, it helps to offset
technological challenges to
development caused by deeper waters
in the southeastern portion of the South
LA, an issue emphasized in NREL’s
final report. Second, it helps to offset
certain restrictions to development in
the South LA that BOEM may impose in
the future, if necessary, to alleviate
navigational safety concerns. BOEM
believes it would be preferable to give
each lessee equal footing to help prevent
one lessee from being unduly burdened
by any future development restrictions,
which are known to be more likely in
the South LA.
Potential Future Restrictions To Ensure
Navigational Safety
Potential bidders should note that
portions of certain sub-blocks in both
the North and South LAs may not be
available for future development (i.e.,
installation of wind facilities) due to
navigational safety concerns, as
discussed below.
Proximity to Delaware Bay Traffic
Separation Scheme
During discussions with the Maryland
Intergovernmental Task Force on June
24, 2011, the U.S. Coast Guard (USCG)
recommended that BOEM not approve
the installation of wind facilities within
1 nautical mile of a TSS to help ensure
navigational safety. This
recommendation was reiterated at
subsequent Task Force meetings.
Moreover, the USCG has expressed that
they may determine in the future that a
larger setback is necessary under certain
circumstances. Tables 1 and 2 list
potentially affected blocks and assume a
1 nautical mile setback from an
extended Delaware Bay TSS. Maps
identifying these sub-blocks are
available on BOEM’s Web site at:
https://boem.gov/Renewable-EnergyProgram/State-Activities/
Maryland.aspx.
TABLE 1—NORTH LEASING AREA: BLOCKS WITH POTENTIAL RESTRICTIONS
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Protraction name
Salisbury
Salisbury
Salisbury
Salisbury
Salisbury
Protraction No.
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
Block No.
NJ18–05
NJ18–05
NJ18–05
NJ18–05
NJ18–05
6624
6625
6675
6676
6726
Sub Block
D,H
E,I,N
B,C,G,H,L,P
M
A,B,F
TABLE 2—SOUTH LEASING AREA: BLOCKS WITH POTENTIAL RESTRICTIONS
Protraction name
Protraction No.
Salisbury .............................................................................................................................
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Block No.
6726
Sub Block
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Federal Register / Vol. 78, No. 243 / Wednesday, December 18, 2013 / Notices
76647
TABLE 2—SOUTH LEASING AREA: BLOCKS WITH POTENTIAL RESTRICTIONS—Continued
Protraction name
Salisbury
Salisbury
Salisbury
Salisbury
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
Traditional Tug, Towing, and Barge
Traffic Route
ehiers on DSK2VPTVN1PROD with NOTICES
Protraction No.
On April 22, 2013, BOEM received a
letter from the USCG providing analysis
of tug, towing, and barge traffic that
currently transits through the MD WEA.
The letter discussed potential safety
implications of allowing offshore wind
development in the area, particularly in
the southeastern corner of the WEA, and
requested that BOEM consider
including two smaller LA configurations
in this PSN. This letter can be found on
BOEM’s Web site at: https://boem.gov/
Renewable-Energy-Program/StateActivities/Maryland.aspx.
BOEM gathered input regarding the
area to include in this PSN from the
members of BOEM’s Maryland
Intergovernmental Task Force during a
Task Force webinar held on June 27,
2013, and received additional comments
and correspondence from relevant
stakeholders since that time. This
includes correspondence received on
August 29, 2013, from the American
Waterways Operators (AWO), an
organization representing the U.S.
tugboat, towboat, and barge industry. In
its August letter, AWO expressed
concern with the Maryland WEA and its
potential to disrupt traditional transit
routes through the southeastern corner
of the WEA. AWO stated that if full
build-out were to occur in the Maryland
WEA, this development could cause
tugboats to navigate further east or west
from their current north-south routes,
which, in certain weather conditions,
could put these vessels at greater risk
and jeopardize safe transit due to
different sea state conditions farther
offshore and greater congestion closer
inshore. This letter can be found on
BOEM’s Web site at: https://boem.gov/
Renewable-Energy-Program/StateActivities/Maryland.aspx.
In a letter to BOEM dated September
4, 2013, the Business Network for
Maryland Offshore Wind requested that
BOEM refrain from making any
reductions to the Maryland WEA prior
to leasing. They provide responses to
the points in USCG’s April 22, 2013,
letter and suggest that reducing the area
now prior to receipt of a COP and an
associated navigational risk assessment
would be premature. The letter suggests
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that any reduction of the area due to
potential navigational safety risk and
any associated costs of rerouting traffic
would be best addressed during review
of each lessee’s COP in the context of a
comprehensive Environmental Impact
Statement (EIS).
After considering the issues raised by
the USCG and other relevant parties and
evaluating all information available to
date pertaining to tug, towing, and barge
traffic through the Maryland WEA,
BOEM has decided not to reduce the
size of the MD WEA in this PSN. BOEM
will receive additional vessel traffic data
and analysis in the future, which will
better inform a decision regarding sitespecific restrictions or mitigations to
alleviate navigational concerns.
Additional information that BOEM
expects to have available to inform its
decision would include the final
navigational safety risk assessment that
will be submitted with each lessee’s
COP, and the results of two ongoing
studies: 1) the U.S. Coast Guard’s
Atlantic Coast Port Access Route Study
(ACPARS), and 2) a BOEM-funded
study, ‘‘Marine Vessel Traffic and Wind
Energy Development Infrastructure on
the OCS—Risk Analysis,’’ being
conducted by the Department of
Energy’s Pacific Northwest National
Laboratory (PNNL).
BOEM welcomes comments on
navigational safety during this notice’s
comment period and will consider all
comments received prior to publishing
a Final Sale Notice and holding a sale.
Withdrawal of Blocks: BOEM reserves
the right to withdraw areas from this
lease sale prior to its execution of a
lease.
Lease Terms and Conditions: BOEM
has included proposed lease terms,
conditions and stipulations for OCS
commercial wind leases in the
Maryland WEA in Addendum ‘‘C’’ of
the proposed leases. BOEM reserves the
right to add additional terms and
conditions to any approval or approval
with modifications of a SAP and/or
COP. The proposed leases, including
Addendum ‘‘C’’, are available on
BOEM’s Web site at: https://boem.gov/
Renewable-Energy-Program/StateActivities/Maryland.aspx. Each
proposed lease includes the following
six attachments:
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Block No.
6776
6777
6827
6828
Sub Block
D,H
E,I,J,N
C,G,H,L
M
• Addendum ‘‘A’’ (Description of
Leased Area and Lease Activities);
• Addendum ‘‘B’’ (Lease Term and
Financial Schedule);
• Addendum ‘‘C’’ (Lease Specific
Terms, Conditions, and Stipulations);
• Addendum ‘‘D’’ (Project Easement);
• Addendum ‘‘E’’ (Rent Schedule);
• Appendix A to Addendum ‘‘C’’:
(Incident Report: Protected Species
Injury or Mortality).
• Appendix B to Addendum ‘‘C’’:
(Required Data Elements for Protected
Species Observer Reports).
Addenda ‘‘A’’, ‘‘B’’, and ‘‘C’’ provide
detailed descriptions of lease terms and
conditions. Addenda ‘‘D’’ and ‘‘E’’ will
be completed at the time of COP
approval.
After considering comments on the
PSN and these proposed provisions,
BOEM will publish final lease terms and
conditions in the FSN.
Plans
Pursuant to 30 CFR 585.601, the
leaseholder must submit a SAP within
6 months of lease issuance. If the
leaseholder intends to continue its
commercial lease with an operations
term, the leaseholder must submit a
COP at least 6 months before the end of
the site assessment term.
Qualifications—Who May Bid: Any
potential bidder that has not already
submitted a complete set of
qualifications materials must do so by
the end of the 60-day comment period
of this PSN. To be eligible to participate
in the auction, each potential bidder
must have been found by BOEM to be
legally, technically and financially
qualified under BOEM’s regulations at
30 CFR 585.106–107 by the time the
FSN for this sale is published. Please
note that technical and financial
qualifications are lease-specific; it is not
sufficient to have been technically and
financially qualified to pursue a project
offshore another state.
Guidance and examples of the
appropriate documentation
demonstrating the required legal
qualifications can be found in Chapter
2 and Appendix B of Guidelines for the
Minerals Management Service
Renewable Energy Framework, available
on BOEM’s Web site at: https://
www.boem.gov/Renewable-Energy-
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Federal Register / Vol. 78, No. 243 / Wednesday, December 18, 2013 / Notices
ehiers on DSK2VPTVN1PROD with NOTICES
Program/Regulatory-Information/
Index.aspx. Guidance regarding how
bidders may demonstrate their technical
and financial qualifications is provided
in Qualification Guidelines to Acquire
and Hold Renewable Energy Leases and
Grants and Alternate Use Grants on the
U.S. Outer Continental Shelf, available
on BOEM’s Web site at: https://
boem.gov/Renewable-Energy-Program/
Regulatory-Information/
QualificationGuidelines-pdf.aspx.
BOEM strongly recommends that
bidders refer to this guidance before
submitting their qualification materials,
as the guidance is updated periodically.
Bidders must submit documentation
necessary to demonstrate their legal,
technical, and financial qualifications to
BOEM in both paper and electronic
formats. BOEM considers an Adobe PDF
file stored on a compact disc (CD) to be
an acceptable format for submitting an
electronic copy. In their qualification
materials, bidders must provide a
general description of the project that
they would like to construct on the lease
area sought in this sale, including
estimates of the project area and total
nameplate capacity of the proposed
facilities.
Please note that it may take a number
of weeks for bidders to establish their
legal, technical, and financial
qualifications. BOEM advises potential
bidders planning to participate in a sale
to establish their qualifications
promptly. It is not uncommon for BOEM
to request additional materials
establishing qualifications following an
initial review of the qualifications
package. Any potential bidder whose
qualification package is incomplete at
the time the FSN for this sale is
published in the Federal Register will
be found to have failed to establish its
qualifications and will be unable to
participate in the sale.
Finally, potentially interested parties
should note that BOEM has the
discretion to contract one or both LAs
based upon comments received in
response to this notice and other
relevant information provided to the
bureau. If a potential bidder is
interested in leasing either or both LAs,
whether full or partial, then that party
should submit their qualifications
package during the comment period of
this PSN.
Auction Procedures
Summary
For the sale of Lease OCS–A 0489 and
Lease OCS–A 0490, BOEM will use a
multiple-factor auction format with a
multiple-factor bidding system. Under
this system, BOEM may consider a
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combination of monetary and
nonmonetary factors, or ‘‘variables,’’ in
determining the outcome of the auction.
BOEM will appoint a panel of three
BOEM employees for the purposes of
reviewing the non-monetary packages
and verifying the results of the lease
sale. BOEM reserves the right to change
the composition of this panel prior to
the date of the lease sale. The panel will
determine whether any bidder has
earned a non-monetary credit to be used
during the auction (i.e., if a bidder holds
a Power Purchase Agreement (PPA) or a
Maryland Public Service Commission
(PSC)-issued Offshore Renewable
Energy Certificate (OREC) Order, as
defined herein), and if one or more
bidders have earned such a credit, the
percentage that the credit will be worth.
The auction will balance consideration
of two variables: (1) a cash bid, and (2)
a non-monetary credit. In sum, these
two variables comprise the multi-factor
bid or ‘‘As-Bid’’ auction price. A
bidder’s As-Bid price, which is the sum
of its cash bid and any credit portion
earned, will either meet BOEM’s asking
price or be reflected in the bidder’s own
Intra-Round Bid price subject to certain
conditions, as described more fully
herein. A multiple-factor auction,
wherein both monetary and
nonmonetary bid variables are
considered, is allowed under BOEM’s
regulations at 30 CFR 585.220(a)(4) and
585.221(a)(6).
Overview of the Multiple-Factor Bidding
Format Proposed for This Sale
Under a multiple-factor bidding
format, as set forth at 30 CFR
585.220(a)(4), BOEM may consider
many factors as part of a bid. The
regulations state that one bid proposal
per bidder will be accepted, but do not
further specify the procedures to be
followed in the multiple-factor format.
This multiple-factor format is intended
to allow BOEM flexibility in
administering the auction and in
balancing the variables presented. The
regulations leave to BOEM the
determination of how to administer the
multiple-factor auction format to ensure
the receipt of a fair return under the Act,
43 U.S.C. 1337(p)(2)(A).
BOEM’s regulations at 30 CFR
585.220(a)(4) allow for a multi-round
auction in which each bidder may
submit only one proposal per LA or for
a set of LAs in each round of the
auction. The auction will be conducted
in a series of rounds. At the start of each
round, BOEM will state an asking price
for the North LA and an asking price for
the South LA. The asking price for a bid
on both LAs is the sum of the asking
prices for the North LA and the South
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LA. Each bidder will indicate whether
it is willing to meet the asking price for
one or both LAs. A bid submitted at the
full asking price for one or both LAs in
a particular round is referred to as a
‘‘live bid.’’ A bidder must submit a live
bid for at least one of the LAs in each
round to participate in the next round
of the auction. As long as there is at
least one LA that is included in two or
more live bids, the auction continues,
and the next round is held.
A bidder’s As-Bid price must meet the
asking price in order for it to be
considered a live bid. A bidder may
meet the asking price by submitting a
monetary bid equal to the asking price,
or, if it has earned a credit, by
submitting a multiple-factor bid—that
is, a live bid that consists of a monetary
element and a non-monetary element,
the sum of which equals the asking
price. A multiple-factor bid would
consist of the sum of a cash portion and
any credit portion which the bidder has
earned.
An uncontested bid is a live bid that
does not overlap with other live bids in
that round. For example, a bid for both
the North and the South LAs is
considered contested if any LA included
in that bid is included in another bid—
a bid cannot be ‘‘partially uncontested.’’
An uncontested bid represents the only
apparent interest in that bid’s LA(s) at
the asking price for that round. If a
bidder submits an uncontested bid
consisting of one LA, and the auction
continues for another round, BOEM
automatically carries that same live bid
forward as a live bid into the next
round, and BOEM’s asking price for the
LA contained in the uncontested bid
would remain unchanged from the
previous round. If the price on the LA
in that bid rises later in the auction
because another bidder places a live bid
on that LA, BOEM will stop
automatically carrying forward the
previously uncontested bid. Once the
asking price goes up, the bidder that
placed the previously carried-forward
bid is free to bid on either lease area at
the new asking prices.
Following each round in which either
LA is contained in more than one live
bid, BOEM will raise the asking price
for that LA by an increment determined
by BOEM. The auction concludes when
neither the North LA nor the South LA
is included in more than one live bid.
The series of rounds and the rising
asking prices set by BOEM will facilitate
consideration of the first variable—the
cash portion of the bid.
The second variable—a credit of up to
25% of a monetary bid for holding a
PPA or a Maryland OREC Order—will
be applied throughout the auction
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rounds as a form of imputed payment
against the asking price for the highest
priced LA in a bidder’s multiple-factor
bid. This credit serves to supplement
the amount of a cash bid proposal made
by a particular bidder in each round. A
bidder holding a qualified PPA or OREC
Order will receive a credit of up to 25%.
In the case of a bidder holding a credit
and bidding on more than one LA, the
credit will be applied only on the LA
with the highest asking price. More
details on the non-monetary factors are
found in the ‘‘Credit Factors’’ section
herein.
The panel will evaluate non-monetary
packages consisting of any purported
PPA or qualified OREC Order to
determine whether it meets the criteria
provided in the FSN, and therefore
whether it will qualify for a credit for its
holder. It is possible that the panel
could determine that no bidder qualifies
for a non-monetary credit during the
auction, in which case the auction
would otherwise proceed as described
in the FSN. The panel will determine
the winning bids for each LA on the
basis of the procedures described in the
FSN.
ehiers on DSK2VPTVN1PROD with NOTICES
Details of the Auction Process
Bidding—Live Bids
Each bidder is allowed to submit a
live bid for one LA (North or South), or
both LAs based on its ‘‘eligibility’’ at the
opening of each round. A bidder’s
eligibility is either two, one, or zero
LAs, and it corresponds to the
maximum number of LAs that a bidder
may include in a live bid during a single
round of the auction. A bidder’s initial
eligibility is determined based on the
amount of the bid deposit submitted by
the bidder prior to the auction. To be
eligible to offer a bid on one LA at the
start of the auction, a bidder must
submit a bid deposit of $450,000. To be
eligible to offer a bid on both the North
and South LAs in the first round of the
auction, the bidder must submit a bid
deposit of $900,000. A bidder’s bid
deposit will be used by BOEM as a
down payment on any monetary
obligations incurred by the bidder
should it be awarded a lease.
As the auction proceeds, a bidder’s
eligibility is determined by the number
of LAs included in its live bid submitted
in the round prior to the current round.
That is, if a bidder submitted a live bid
on one LA in the previous round, that
bidder may submit a bid that includes
at most one LA in the current round. If
a bidder submitted a live bid comprised
of both LAs in the previous round, that
bidder may submit a live bid that also
includes these two LAs in the current
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round. In both cases, unless a bidder has
an uncontested bid that is carried
forward into the next round, the bidder
also may choose to submit a live bid
with fewer LAs than the maximum
number it is eligible to include in its
bid. Thus, eligibility in successive
rounds may stay the same or go down,
but it can never go up.
In the first round of the auction,
bidders have the following options: A
bidder with an initial eligibility of one
(that is, a bidder who submitted a bid
deposit of $450,000) may:
• Submit a live bid on the North LA
or the South LA, or
• Submit nothing, and drop out of the
auction.
A bidder with an initial eligibility of
two (that is, a bidder who submitted a
bid deposit of $900,000) may:
• Submit a live bid for both the North
and South LAs,
• Submit a live bid for either the
North LA or the South LA, or
• Submit nothing, and drop out of the
auction.
Before each subsequent round of the
auction, BOEM will raise the asking
price for any LA that was contained in
more than one live bid in the previous
round. BOEM will not raise the asking
price for a LA that was in only one or
no live bids in the previous round.
Asking price increments will be
determined by BOEM, in its sole
discretion. BOEM will base asking price
increments on a number of factors,
including:
• Making the increments sufficiently
large that the auction will not take an
unduly long time to conclude; and
• Decreasing the increments as the
asking price of a LA nears its apparent
final price.
BOEM reserves the right during the
auction to increase or decrease
increments if it determines, in its sole
discretion, that a different increment is
warranted to enhance the efficiency of
the auction process. Asking prices for
the LAs included in multiple live bids
in the previous round will be raised and
rounded to the nearest whole dollar
amount to obtain the asking prices in
the current round.
A bidder must submit a live bid in
each round of the auction (or have an
uncontested live bid automatically
carried forward by BOEM) for it to
remain active and continue bidding in
future rounds. All of the live bids
submitted in any round of the auction
will be preserved and considered
binding until determination of the
winning bids is made. Therefore, the
bidders are responsible for payment of
the bids they submit and can be held
accountable for up to the maximum
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amount of those bids determined to be
winning bids during the final award
procedures.
Between rounds, BOEM will release
the following information:
• The level of demand for each LA in
the previous round of the auction (i.e.,
the number of live bids that included
the LA); and
• The asking price for each LA in the
upcoming round of the auction.
In any subsequent round of the
auction, if a bidder’s previous round bid
was uncontested, and the auction
continues for another round, then
BOEM will automatically carry forward
that bid as a live bid in the next round.
A bidder whose bid is being carried
forward will not have an opportunity to
modify or drop its bid until some other
bidder submits a live bid that overlaps
with the LA in the carried forward bid.
In particular, for rounds in which a
bidder finds its uncontested bid is
carried forward, the bidder will be
unable to do the following:
• Switch to the other LA;
• Submit an Intra-Round Bid (see
herein for discussion of Intra-Round
Bids); or
• Drop out of the auction.
A bidder may be bound by that bid or,
indeed, by any other bid which BOEM
determines is a winning bid in the
award stage. Hence, a bidder cannot
drop an uncontested bid. In no scenario
can a bidder be relieved of any of its
bids from previous or future rounds
until a determination is made in the
award stage about the LAs won by the
bidder.
If a bidder’s bid is not being carried
forward by BOEM, a bidder with an
eligibility of one (that is, a bidder who
submitted a live bid for either the North
LA or the South LA in the previous
round) may:
• Submit a live bid for either the
North LA or the South LA;
• Submit an Intra-Round Bid for the
same LA for which the bidder submitted
a live in the previous round, and exit
the auction; or
• Submit nothing, and drop out of the
auction.
A bidder with an eligibility of two (that
is, a bidder who submitted a live bid for
both North and South in the previous
round) may:
• Submit a live bid for both the North
and South LAs;
• Submit a live bid for either the
North LA or the South LA;
• Submit an Intra-Round Bid for both
the North and South LAs, and a live bid
for either the North LA or the South LA;
• Submit an Intra-Round Bid for both
the North and South LAs, no live bids,
and exit the auction; or
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• Submit nothing, and drop out of the
auction.
Subsequent auction rounds occur in
this sale as long as either the North LA
or the South LA is contested. The
auction concludes at the end of the
round in which neither the North LA
nor the South LA is included in the live
bid of more than one bidder, i.e., all live
bids are uncontested.
ehiers on DSK2VPTVN1PROD with NOTICES
Bidding—Intra-Round Bids
All asking prices and asking price
increments will be determined by the
BOEM Auction Manager. Intra-round
bidding allows bidders to more
precisely express the maximum price
they are willing to offer for the North,
South, or both LAs while also
minimizing the chance of ties. An intraround bid must consist of a single offer
price for exactly the same LA(s)
included in the bidder’s live bid in the
previous round.
When submitting an intra-round bid,
the bidder is indicating that it is not
willing to meet the current round’s
asking price, but it is willing to pay
more than the previous round’s asking
price. In particular, in an intra-round
bid, the bidder specifies the maximum
(higher than the previous round’s asking
price and less than the current round’s
asking price) that it is willing to offer for
the specific LA(s) in its previous
round’s live bid.
Although an intra-round bid is not a
live bid, in the round in which a valid
intra-round bid is submitted for both
LAs, the bidder’s eligibility for a live bid
in that same round and future rounds is
permanently reduced from including
two LAs to one LA. In other words, once
an intra-round bid is submitted, the
bidder will never again have the
opportunity to submit a live bid on as
many LAs as it has bid in previous
rounds.
BOEM will not consider intra-round
bids for the purpose of determining
whether to increase the asking price for
a particular LA or to end the auction.
Also, BOEM will not count or share
with bidders between rounds the
number of intra-round bids received for
each LA.
All of the intra-round bids submitted
during the auction will be preserved,
and may be determined to be winning
bids. Therefore, bidders are responsible
for payment of the bids they submit and
may be held accountable for up to the
maximum amount of any intra-round
bids or live bids determined to be
winning bids during the final award
procedures.
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Determining Provisional Winners
After the bidding ends, BOEM will
determine the provisionally winning
bids in accordance with the process
described in this section. This process
consists of two stages: Stage 1 and Stage
2, which are described herein. Once the
auction itself ends, nothing further is
required of bidders within or between
Stages 1 and 2. In practice, the stages of
the process will take place as part of the
solution algorithm for analyzing the
monetary and credit portion of the bids,
determining provisional winners,
finding the LAs won by the provisional
winners, and calculating the applicable
bid prices to be paid by the winners for
the LAs they won. This evaluation will
be reviewed, checked and validated by
the panel. The determination of
provisional winners, in both stages, will
be based on the two auction variables,
as well as on a bidder’s adherence to the
rules of the auction, and the absence of
conduct detrimental to the integrity of
the competitive auction.
• Stage 1
Live bids submitted in the final round
of the auction are Qualified Bids. In
Stage 1, a bidder with a Qualified Bid
is provisionally assured of winning the
LA(s) included in its final round bid,
regardless of any other prior-to-final
round live bids or Intra-Round Bids in
any round. If both LAs are awarded to
bidders in Stage 1, the second award
stage is not necessary. If the North LA
or the South LA received a bid but was
not awarded in Stage 1 because no live
bids were received in the final round of
the auction, BOEM will proceed to Stage
2 to award the leases.
Following the auction, all winning
bidders must pay the price associated
with their winning bids, which may
consist of cash and non-monetary
credits or just cash.
• Stage 2
All bids are either Qualified Bids or
Contingent Bids. Contingent bids are all
live bids received before the final round,
and any Intra-Round Bids received
during the auction. In Stage 2, BOEM
will consider Contingent Bids to see if
the unawarded LA(s) can be awarded
without interfering with Stage 1 awards.
BOEM will award leases in Stage 2 to
the bid(s) that maximize(s) the total AsBid prices.
Any Contingent Bids that conflict
with Qualified Bids will not be
considered. There is one notable
exception to this rule. This exception
allows BOEM to accept a Contingent Bid
for both LAs notwithstanding the
existence of a Qualified Bid by the same
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bidder, provided the acceptance of the
Contingent Bid for both LAs results in
higher overall As-Bid prices than
acceptance of only the Qualified Bid for
a single LA.
In this scenario, a bidder would be
awarded both LAs and would be
required to pay its Intra-Round Bid
price associated with its Intra-Round
Bid for both LAs, even though it
submitted a Qualified Bid that
guaranteed only one of the LAs.
This exception represents the only
situation in which BOEM will consider
for award a Contingent Bid which
overlaps a Qualified Bid. In contrast,
there is no situation in which one
bidder’s Contingent Bid will be
considered for award if it overlaps with
any LA that is included in another
bidder’s Qualified Bid.
Under certain circumstances, different
combinations of contingent bids may
result in the same total As-Bid price. In
such cases, BOEM will resolve the
resulting tie with a random drawing.
In the event a bidder submits a bid for
a LA that the panel and BOEM
determine to be a winning bid, the
bidder will be expected to sign the
applicable lease documents in a timely
manner and submit the full cash
payment due, pursuant to 30 CFR
585.224. If a bidder fails to timely sign
and pay for the lease, then BOEM will
not issue the lease to that bidder, and
the bidder will forfeit its bid deposit.
BOEM may consider failure of a bidder
to timely pay the full amount due an
indication that the bidder is no longer
financially qualified to participate in
other lease sales under BOEM’s
regulations at 30 CFR 585.106 and
585.107.
Credit Factors
Prior to the auction, BOEM will
convene a panel to evaluate bidders’
non-monetary packages to determine
whether and to what extent each bidder
is eligible for a non-monetary credit
applicable to the As-Bid auction price
for one of the LAs in each round of the
auction, as described herein. Any single
PPA or Maryland OREC Order cannot be
used by more than one bidder in the
auction.
The percentage credit is determined
based on the panel’s evaluation of
required documentation submitted by
the bidders as of the deadline specified
in the FSN. Bidders will be informed by
email before the monetary auction about
the percentage credit applicable to their
bids. The bid credit will be applicable
to only one LA. Any non-monetary
credit would only be applicable to the
higher priced LA in a bid for both LAs.
For an Intra-Round Bid containing both
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at which that credit will apply, based on
the definitional information of a PPA
and an OREC application, as described
herein. If the panel determines that no
bidder has qualified for a non-monetary
factor, the auction will proceed with
each bidder registered with no imputed
credit.
Where:
• Partial Credit = Percent credit for which a
smaller PPA is eligible.
• Full PPA = 250 MW
• Full Credit = 25%
• Partial PPA = amount (less than 250 MW)
of power under contract
monetary package by the date specified
in the FSN, then BOEM will assume that
bidder is not seeking a non-monetary
auction credit and the panel will not
consider that bidder for a non-monetary
auction credit.
Maryland OREC Order is an order
issued by the Maryland PSC approving
a qualifying offshore wind project and
establishing an OREC pricing schedule,
pursuant to Md. Public Utilities Code
Ann. § 7–704.1.
Bidder Authentication
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Additional Information Regarding the
Auction Format
Non-Monetary Auction Procedures
All bidders seeking a non-monetary
auction credit will be required to submit
a non-monetary auction package prior to
the auction. Instructions and deadlines
for submittal will be provided in the
FSN. If a bidder does not submit a non-
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Credit Factor Definitions
The definitions herein will apply to
the factors for which bidders may earn
a credit.
Power purchase agreement (PPA) is
any legally enforceable long-term
contract negotiated between an
electricity generator (Generator) and a
power purchaser (Buyer) that identifies,
defines, and stipulates the rights and
obligations of one party to produce, and
the other party to purchase, energy from
an offshore wind project to be located in
the lease sale area. The PPA must have
been approved by a public utility
commission or similar legal authority.
The PPA must state that the Generator
will sell to the Buyer and the Buyer will
buy from the Generator capacity, energy,
and/or environmental attribute products
from the project, as defined in the terms
and conditions set forth in the PPA.
Energy products to be supplied by the
Generator and the details of the firm
cost recovery mechanism approved by
the state’s public utility commission or
other applicable authority used to
recover expenditures incurred as a
result of the PPA must be specified in
the PPA. To qualify, a PPA must contain
Prior to the auction, the Auction
Manager will send several bidder
authentication packages to each bidder
shortly after BOEM has processed the
BFFs. One package will contain tokens
for each authorized individual. Tokens
are digital authentication devices. The
tokens will be mailed to the Primary
Point of Contact indicated on the BFF.
This individual is responsible for
distributing the tokens to the
individuals authorized to bid for that
company. Bidders are to ensure that
each token is returned within three
business days following the auction. An
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Sfmt 4703
the following terms or supporting
documentation:
(i) A complete description of the
proposed project;
(ii) Identification of both the
electricity Generator and Buyer that will
enter into a long term contract;
(iii) A time line for permitting,
licensing, and construction;
(iv) Pricing projected under the long
term contract being sought, including
prices for all market products that
would be sold under the proposed long
term contract;
(v) A schedule of quantities of each
product to be delivered and projected
electrical energy production profiles;
(vi) The term for the long-term
contract;
(vii) Citations to all filings related to
the PPA that have been made with state
and Federal agencies, and identification
of all such filings that are necessary to
be made; and
(viii) Copies of or citations to
interconnection filings related to the
PPA.
If the panel determines a bidder has
executed a PPA for at least 250 MW, it
will be eligible for the entire 25% credit.
If the panel determines a bidder has
executed a PPA for an amount less than
250 MW, the bidder may still be eligible
for a non-monetary credit proportional
to the PPA’s fraction of 250 MW. The
smaller percentage for a partial credit
will be calculated according to the
formula below:
addressed, stamped envelope will be
provided to facilitate this process. In the
event that a bidder fails to submit a BFF,
a bid deposit, or does not participate in
the auction, BOEM will de-activate that
bidder’s token and login information,
and the bidder will be asked to return
its tokens.
The second package contains login
credentials for authorized bidders. The
login credentials will be mailed to the
address provided in the BFF for each
authorized individual. Bidders can
confirm these addresses by calling 703–
787–1320. This package will contain
user login information and instructions
for accessing the Auction System
Technical Supplement and Alternative
Bidding Form. The login information,
along with the tokens, will be tested
during the Mock Auction.
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EN18DE13.000
LAs, the higher priced LA will be
determined using the previous round’s
asking prices. In each round, the auction
system will display information
showing how their As-Bid auction
prices are affected by the credit imputed
to their bid to determine their net
monetary payment due to BOEM,
should their bids prevail as winning
bids in the award stages. Application of
the credit percentage to the appropriate
As-Bid auction price will be rounded to
the nearest whole dollar amount.
The bidder’s imputed credit
throughout the auction and award
process is limited to the greater of 25%
for a Maryland OREC Order, or up to
25% for a PPA (for at least 250 MW),
applied to the highest priced LA related
to the bidder’s latest live bid or IntraRound Bid. During each round, bidders
are informed by the BOEM Auction
System how the credit applies to their
live bid and any Intra-Round Bid. In the
case of an Intra-Round Bid for both LAs,
the credit will apply only to the higherpriced LA, but the applicable price for
calculating the credit will be based on
the previous round’s asking prices, not
on any additional amount above the
previous round’s asking prices as
reflected in the incremental amount
associated with its Intra-Round Bid.
The panel will review the nonmonetary package submitted by each
bidder, and determine whether bidders
have established that they are qualified
to receive a credit, and the percentage
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Monetary Auction Times
This information will be elaborated
on in the FSN and further clarified at
the Mock Auction to be held prior to the
lease sale. Additional information will
be made available in an Auction System
Technical Supplement, which will be
posted on BOEM’s Web site prior to the
auction.
BOEM and the auction contractors
will use the auction platform messaging
service to keep bidders informed on
issues of interest during the auction. For
example, BOEM may change the
schedule at any time, including during
the auction. If BOEM changes the
schedule during the auction, it will use
the messaging feature to notify bidders
that a revision has been made, and
direct bidders to the relevant page.
BOEM will also use the messaging
system for other changes and items of
particular note during the auction. The
auction schedule and asking price
increments are in BOEM’s discretion,
and are subject to change at any time
before or during the auction.
During the auction, bidders may place
bids at any time during the round. At
the top of the bidding page, a
countdown clock will show how much
time remains in the round. Bidders have
until the scheduled time to place bids.
Bidders should do so according to the
procedures described in the Auction
System Technical Supplement, and as
practiced at the Mock Auction. No
information about the round is available
until the round has closed and results
have been posted, so there should be no
strategic advantage to placing bids early
or late in the round.
ehiers on DSK2VPTVN1PROD with NOTICES
Alternate Bidding Procedures
Any bidder who is unable to place a
bid using the online auction should
follow these instructions:
• Call BOEM/the BOEM Auction
Manager at the help desk number that
is listed in the Auction System
Technical Supplement before the end of
the round.
• BOEM will authenticate the caller
to ensure he/she is authorized to bid on
behalf of the company.
• Explain the problem.
• BOEM may, in its sole discretion,
accept a bid using the Alternative
Bidding Procedure.
• The Alternative Bidding Procedure
enables a bidder who is having
difficulties accessing the Internet to
submit its bid via an Alternative
Bidding Form that must be faxed to the
auction manager.
Æ If the bidder has not placed a bid,
but calls BOEM before the end of the
round and notifies BOEM that it is
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preparing a bid using the Alternate
Bidding Procedure, and submits the
Alternate Bidding Form by fax before
the round ends, BOEM will likely
accept the bid, though acceptance or
rejection of the bid is within BOEM’s
sole discretion.
Æ If the bidder calls during the round,
but does not submit the bid until after
the round ends (but before the round is
posted), BOEM may or may not accept
the bid, in part based on how much time
remains in the recess. Bidders are
strongly encouraged to submit the
Alternative Bidding Form before the
round ends.
Æ If the bidder calls during the recess
following the round, but before the
previous round’s results have been
posted, BOEM will likely reject its bid,
even if it has otherwise complied with
all of BOEM’s Alternate Bidding
Procedures.
Æ If the bidder calls to enter a bid
after results have been posted, BOEM
will reject the bid.
Except for bidders who have
uncontested bids in the current round,
failure to place a bid during a round
will be interpreted as dropping out of
the auction. Bids in all rounds are
preserved for consideration in Stage 2 of
the award process. Bidders are held
accountable for all bids placed during
the auction. This is true if they
continued bidding in the last round, if
they placed an Intra-Round Bid for a
single LA in an earlier round, or if they
stopped bidding during the auction.
Acceptance, Rejection, or Return Of
Bids: BOEM reserves the right and
authority to reject any and all bids. No
leases will be awarded to any bidders
and no bids will be accepted, unless (1)
the bidder has complied with all
requirements of the FSN, applicable
regulations and statutes, including, but
not limited to, bidder qualifications, bid
deposits, and adherence to the integrity
of the competitive bidding process, (2)
the bid conforms with the requirements
and rules of the auction, and (3) the
amount of the bid has been determined
to be adequate by the authorized officer.
Any bid submitted that does not satisfy
these requirements may be returned to
the bidder by the Program Manager of
BOEM’s Office of Renewable Energy
Programs and, in that case, would not be
considered for acceptance.
Process for Issuing the Leases: If
BOEM proceeds with lease issuance, it
will issue three unsigned copies of the
lease form to each winning bidder.
Within 10 business days after receiving
the lease copies, a winning bidder must:
1. Execute the lease on the bidder’s
behalf;
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Frm 00060
Fmt 4703
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2. File financial assurance as required
under 30 CFR 585.515–537; and
3. Pay by electronic funds transfer
(EFT) the balance of the bonus bid (bid
amount less the bid deposit). BOEM
requires bidders to use EFT procedures
(not to include pay.gov) for payment of
the balance of the bonus bid, following
the detailed instructions contained in
the ‘‘Instructions for Making Electronic
Payments’’ available on BOEM’s Web
site at: https://www.boem.gov/
Renewable-Energy-Program/StateActivities/Maryland.aspx.
If a winning bidder does not meet
these three requirements within 10
business days of receiving the lease
copies as described herein, or if a
winning bidder otherwise fails to
comply with applicable regulations or
the terms of the FSN, the winning
bidder will forfeit its bid deposit. BOEM
may extend this 10 business-day time
period if it determines the delay was
caused by events beyond the winning
bidder’s control.
In the event that the provisional
winner does not execute and return the
leases according to the instructions in
the FSN, BOEM reserves the right to
reconvene the panel to determine
whether it is possible to identify a bid
that would have won in the absence of
the bid previously determined to be the
winning bid. In the event that a new
winning bid is selected by the panel,
BOEM will follow the procedures in this
section for the new winner(s).
BOEM will not execute a lease until
(1) the three requirements above have
been satisfied, (2) BOEM has accepted
the winning bidder’s financial
assurance, and (3) BOEM has processed
the winning bidder’s payment. The
winning bidder may meet financial
assurance requirements by posting a
surety bond or by setting up an escrow
account with a trust agreement giving
BOEM the right to withdraw the money
held in the account on demand by
BOEM. BOEM may accept other forms
of financial assurance on a case-by-case
basis in accordance with its regulations.
BOEM encourages provisionally
winning bidders to discuss the financial
assurance requirement with BOEM as
soon as possible after the auction has
concluded.
Within 45 days of the date that the
winning bidder receives the lease
copies, the winning bidder must pay the
first 6-months’ rent using the pay.gov
Renewable Energy Initial Rental
Payment form available at: https://
pay.gov/paygov/forms/
formInstance.html?agencyFormId=
27797604.
The Lessee must pay the remaining 6months’ rent by the first day of the
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seventh month following the effective
date of the lease, following the detailed
instructions contained in the
‘‘Instructions for Making Electronic
Payments’’ available on BOEM’s Web
site at: https://www.boem.gov/
Renewable-Energy-Program/StateActivities/Maryland.aspx.
Anti-Competitive Behavior: In
addition to the auction rules described
in this notice, bidding behavior is
governed by Federal antitrust laws
designed to prevent anticompetitive
behavior in the marketplace.
Compliance with BOEM’s auction
procedures will not insulate a party
from enforcement of antitrust laws.
In accordance with the Act at 43
U.S.C. 1337(c), following the auction,
and before the acceptance of bids and
the issuance of leases, BOEM will
‘‘allow the Attorney General, in
consultation with the Federal Trade
Commission, thirty days to review the
results of the lease sale.’’ If a bidder is
found to have engaged in anticompetitive behavior or otherwise
violated BOEM’s rules in connection
with its participation in the competitive
bidding process, BOEM may reject the
high bid.
Anti-competitive behavior
determinations are fact specific.
However, such behavior may manifest
itself in several different ways,
including, but not limited to:
• An agreement, either express or
tacit, among bidders to not bid in an
auction, or to bid a particular price;
• An agreement among bidders not to
bid for a particular LA;
• An agreement among bidders not to
bid against each other; and
• Other agreements among bidders
that have the effect of limiting the final
auction price.
BOEM may decline to award a lease if
doing so would otherwise create a
situation inconsistent with the antitrust
laws (e.g., heavily concentrated market,
etc.).
For more information on whether
specific communications or agreements
could constitute a violation of Federal
antitrust law, please see: https://
www.justice.gov/atr/public/businessresources.html, or consult counsel.
Bidder’s Financial Form Certification:
Each bidder is required to sign the selfcertification, in accordance with 18
U.S.C. 1001 (Fraud and False
Statements) in the Bidder’s Financial
Form, which can be found on BOEM’s
Web site at: https://boem.gov/RenewableEnergy-Program/State-Activities/
Maryland.aspx. The form must be filled
out and returned to BOEM in
accordance with the ‘‘Deadlines and
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15:27 Dec 17, 2013
Jkt 232001
Milestones for Bidders’’ section of this
notice.
Non-Procurement Debarment and
Suspension Regulations: Pursuant to
regulations at 43 CFR Part 42, Subpart
C, an OCS renewable energy Lessee
must comply with the U.S. Department
of the Interior’s non-procurement
debarment and suspension regulations
at 2 CFR 180 and 1400 and agree to
communicate the requirement to
comply with these regulations to
persons with whom the Lessee does
business as it relates to this lease by
including this term as a condition in
their contracts and other transactions.
Final Sale Notice: BOEM will
consider comments received or
postmarked during the PSN comment
period in preparing a FSN that will
provide the final details concerning the
offering and issuance of OCS
commercial wind energy leases in the
Maryland WEA. The FSN will be
published in the Federal Register at
least 30 days before the lease sale is
conducted and will provide the date
and time of the auction.
Force Majeure: The Program Manager
of BOEM’s Office of Renewable Energy
Programs has the discretion to change
any date, time, and/or location specified
in the FSN in case of a force majeure
event that the Program Manager deems
may interfere with a fair and proper
lease sale process. Such events may
include, but are not limited to, natural
disasters (e.g., earthquakes, hurricanes,
floods), wars, riots, acts of terrorism,
fire, strikes, civil disorder or other
events of a similar nature. In case of
such events, bidders should call 703–
787–1320 or access the BOEM Web site
at: https://www.boem.gov/RenewableEnergy-Program/index.aspx.
Appeals: The appeals procedures are
provided in BOEM’s regulations at 30
CFR 585.225 and 585.118(c). Pursuant
to 30 CFR 585.225,
(a) If BOEM rejects your bid, BOEM
will provide a written statement of the
reasons and refund any money
deposited with your bid, without
interest.
(b) You will then be able to ask the
BOEM Director for reconsideration, in
writing, within 15 business days of bid
rejection, under 30 CFR 585.118(c)(1).
BOEM will send you a written response
either affirming or reversing the
rejection.
The procedures for appealing adverse
final decisions with respect to lease
sales are described in 30 CFR
585.118(c).
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76653
Protection of Privileged or Confidential
Information
BOEM will protect privileged or
confidential information that is
submitted as required by the Freedom of
Information Act (FOIA). Exemption 4 of
FOIA applies to trade secrets and
commercial or financial information
that is privileged or confidential. If you
wish to protect the confidentiality of
such information, clearly mark it and
request that BOEM treat it as
confidential. BOEM will not disclose
such information, except as required by
FOIA. Please label privileged or
confidential information ‘‘Contains
Confidential Information’’ and consider
submitting such information as a
separate attachment.
However, BOEM will not treat as
confidential any aggregate summaries of
such information or comments not
containing such information.
Additionally, BOEM may not treat as
confidential the legal title of the
commenting entity (e.g., the name of a
company). Information that is not
labeled as privileged or confidential will
be regarded by BOEM as suitable for
public release.
Section 304 of the National Historic
Preservation Act (16 U.S.C. 470w–3(a))
BOEM is required, after consultation
with the Secretary of the Interior, to
withhold the location, character, or
ownership of historic resources if it
determines that disclosure may, among
other things, cause a significant
invasion of privacy, risk harm to the
historic resources or impede the use of
a traditional religious site by
practitioners. Tribal entities and other
interested parties should designate
information that they wish to be held as
confidential.
Dated: November 30, 2013.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy
Management.
[FR Doc. 2013–29977 Filed 12–17–13; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–417 and 731–
TA–953, 957–959, 961, and 962 (Second
Review)]
Carbon and Certain Alloy Steel Wire
Rod From Brazil, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and
Ukraine
Scheduling of full five-year reviews
concerning the countervailing duty
order on carbon and certain alloy steel
E:\FR\FM\18DEN1.SGM
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Agencies
[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Pages 76643-76653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29977]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM-2013-0002; MMAA104000]
Atlantic Wind Lease Sale 3 (ATLW3) Commercial Leasing for Wind
Power on the Outer Continental Shelf Offshore Maryland--Proposed Sale
Notice
AGENCY: Bureau of Ocean Energy Management (BOEM), Interior.
ACTION: Proposed Sale Notice for Commercial Leasing for Wind Power on
the Outer Continental Shelf Offshore Maryland.
-----------------------------------------------------------------------
SUMMARY: This document is the Proposed Sale Notice (PSN) for the sale
of commercial wind energy leases on the Outer Continental Shelf (OCS)
offshore Maryland, pursuant to BOEM's regulations at 30 CFR 585.216.
BOEM proposes to offer for sale two leases, Lease OCS-A 0489 and Lease
OCS-A 0490. BOEM will use a multiple-factor auction for the lease sale.
In this PSN, you will find information pertaining to the areas
available for leasing, proposed lease provisions and conditions,
auction details, the lease form, criteria for evaluating competing
bids, award procedures, appeal procedures, and lease execution. BOEM
invites comments during a 60-day comment period following publication
of this notice. The issuance of the proposed leases resulting from this
sale would not constitute an approval of project-specific plans to
develop offshore wind energy. Such plans, expected to be submitted by
successful lessees, will be subject to subsequent environmental and
public review prior to a decision to proceed with development.
DATES: Comments should be submitted electronically or postmarked no
later than February 18, 2014. All comments received or postmarked
during the comment period will be made available to the public and
considered prior to publication of the Final Sale Notice (FSN).
All bidders interested in participating in the lease sale who have
not previously been qualified by BOEM to participate in this lease sale
must submit the required qualification materials by the end of the 60-
day comment period for this notice. All qualification materials must be
postmarked no later than February 18, 2014.
ADDRESSES: Potential auction participants, Federal, state, and local
government agencies, tribal governments, and other interested parties
are requested to submit their written comments on the PSN in one of the
following ways:
1. Electronically: https://www.regulations.gov. In the entry
entitled, ``Enter Keyword or ID,'' enter BOEM-2013-0002 then click
``search.'' Follow the instructions to submit public comments.
2. Written Comments: In written form, delivered by hand or by mail,
enclosed in an envelope labeled ``Comments on Maryland PSN'' to: Office
of Renewable Energy Programs, Bureau of Ocean Energy Management, 381
Elden Street, HM 1328, Herndon, Virginia 20170.
3. Qualifications Materials: Those submitting qualifications
materials should contact Erin C. Trager, BOEM Office of Renewable
Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia 20170,
(703) 787-1320, or erin.trager@boem.gov.
If you wish to protect the confidentiality of your comments or
qualification materials, clearly mark the relevant sections and request
that BOEM treat them as confidential. Please label privileged or
confidential information with the caption, ``Contains Confidential
Information'' and consider submitting such information as a separate
attachment. Treatment of confidential information is addressed in the
section of this PSN entitled ``Protection of Privileged or Confidential
Information''. Information that is not labeled as privileged or
confidential will be regarded by BOEM as suitable for public release.
FOR FURTHER INFORMATION CONTACT: Erin C. Trager, BOEM Office of
Renewable Energy Programs, 381 Elden Street, HM 1328, Herndon, Virginia
20170, (703) 787-1320 or erin.trager@boem.gov.
Authority: This PSN is published pursuant to subsection 8(p) of
the OCS Lands Act (43 U.S.C. 1337(p)) (``the Act''), as amended by
section 388 of the Energy Policy Act of 2005 (EPAct), and the
implementing regulations at 30 CFR part 585, including 30 CFR
585.211 and 30 CFR 585.216.
Background: The area described for leasing in this PSN is the same
as the area described in the Maryland Call for Information and
Nominations (Call) (77 FR 5552, Feb. 3, 2012). Detailed information
regarding the lease areas is provided in the section entitled, ``Areas
Offered for Leasing.''
On February 3, 2012, BOEM published the Notice of Availability
(NOA) (77 FR 5560) for the final Environmental Assessment (EA) and
Finding of No Significant Impact (FONSI) for commercial wind lease
issuance and site assessment activities on the Atlantic OCS offshore
New Jersey, Delaware, Maryland, and Virginia, pursuant to the National
Environmental Policy Act. Consultations ran concurrently with the
preparation of the EA and included consultation under the Endangered
Species Act (ESA), the Magnuson-Stevens Fishery Conservation and
Management Act (MSFCMA), section 106 of the National Historic
Preservation Act (NHPA), and the Coastal Zone Management Act (CZMA).
The Commercial Wind Lease Issuance and Site Assessment Activities on
the Atlantic Outer Continental Shelf Offshore New Jersey, Delaware,
Maryland, and Virginia Final Environmental Assessment (Mid-Atlantic EA)
can be found at: https://www.boem.gov/Renewable-Energy-Program/Smart-from-the-Start/Index.aspx.
On May 29, 2012, BOEM initiated consultation with the National
Marine Fisheries Service under the ESA for geological and geophysical
(G&G) activities in support of oil and gas exploration and development,
renewable energy, and marine minerals in the Mid- and South Atlantic
Planning Areas. Formal consultation concluded with receipt of a
Biological Opinion dated July 19, 2013. The Biological Opinion, along
with the previous informal consultation, informed the development of
this proposed sale of commercial wind leases offshore Maryland.
Additional environmental reviews will be prepared upon receipt of a
Lessee's proposed project-specific plans, such as a Site Assessment
Plan (SAP) or Construction and Operations Plan (COP).
Atlantic Grid Holdings LLC (ROW) Grant Request: On March 31, 2011,
Atlantic Grid Holdings LLC submitted an unsolicited application for a
Right-of-Way grant on the OCS. Potential bidders should be aware that
the unsolicited application is under consideration by BOEM, and that a
portion of the project
[[Page 76644]]
is proposed to be situated within the Maryland Wind Energy Area (WEA).
Following publication of a notice for a 60-day comment period to
determine interest in the grant, BOEM published its determination of no
competitive interest (77 FR 28620, May 5, 2012). The nomination and
associated notices can be found at: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Regional-Proposals.aspx.
Deadlines and Milestones For Bidders: This section describes the
major deadlines and milestones in the auction process from publication
of this PSN to execution of leases pursuant to the sale. These are
organized into various stages: (1) The PSN comment period; (2) from the
end of PSN comment period to publication of the FSN; (3) the FSN
waiting period; (4) conducting the Auction; and (5) from the Auction
Stage to Lease Execution.
1. The PSN Comment Period:
Submit Comments: The public is invited to submit comments
during this 60-day period.
Public Seminar: BOEM will host a public seminar to discuss
the lease sale process and the auction format.
Receive Qualifications Materials: All qualifications
materials must be received by BOEM by the end of the 60-day PSN comment
period. This includes materials sufficient to establish a company's
legal, technical and financial qualifications.
Select and Invite Panelists: BOEM will appoint a panel of
three BOEM employees for the purposes of reviewing the non-monetary
packages and verifying the results of the lease sale.
2. End of PSN Comment Period to FSN Publication
Review Comments: BOEM will review all comments submitted
in response to the PSN during the comment period.
Finalize Qualifications Reviews: BOEM will complete any
outstanding qualifications reviews using materials that were submitted
during the PSN comment period and requested by BOEM prior to the FSN.
The final list of eligible bidders will be published in the FSN.
Prepare the FSN: BOEM will prepare the FSN by updating the
PSN where appropriate.
Brief and Update the BOEM Maryland Intergovernmental Task
Force: BOEM will schedule a meeting or webinar of the BOEM Maryland
Intergovernmental Task Force to discuss the FSN.
3. FSN Waiting Period
Publish FSN: BOEM will publish the FSN in the Federal
Register.
Bidder's Financial Form (BFF): Within 14 days of
publication of the FSN in the Federal Register, eligible bidders must
submit a complete and signed BFF to BOEM. Once this information has
been processed by BOEM, bidders may log into pay.gov and leave bid
deposits. If BOEM does not receive the BFF by the date mentioned in the
Federal Register, a company may be disqualified from participating in
the auction.
Bid Deposits: Within 30 days of publication of the FSN in
the Federal Register, bidders must submit a bid deposit meeting the
requirements listed in the FSN. Any bidder that fails to submit the bid
deposit by the deadline included in the FSN may be disqualified from
participating in the auction.
Non-Monetary Package: Within 30 days of publication of the
FSN in the Federal Register, bidders seeking a non-monetary credit must
submit a non-monetary package meeting the requirements listed in the
FSN.
Mock Auction: BOEM will hold a Mock Auction open to
qualified sale bidders only. The Mock Auction will take place
approximately one week before the lease sale. Final details of the Mock
Auction will be provided in the FSN.
4. Conducting the Auction: BOEM, through its contractor, will hold
an auction as described in this notice. The auction will take place no
sooner than 30 days following publication of the FSN in the Federal
Register. The estimated timeframes described in this notice assume an
auction date approximately 45 days after publication of the FSN.
Convene Panel: The panel will convene to consider non-
monetary packages submitted by qualified bidders. The panel will send
determinations of credit eligibility to BOEM, and BOEM will inform
eligible bidders. Bidders will not be informed of the non-monetary
credit eligibility of other bidders before the auction.
Monetary Auction: The monetary auction will be conducted
on the date specified in the FSN.
Announce Provisional Winners: BOEM will announce the
provisional winners of the lease sale after the auction ends.
Reconvene the Panel: The panel will reconvene to verify
auction results.
5. From Auction to Lease Execution
Refund Non-Winners: BOEM will return the bid deposit of
any bidder that did not win a lease in the lease sale. BOEM will
provide a written explanation of why the bidder did not win.
Department of Justice (DOJ) Review: BOEM will allow DOJ 30
days in which to conduct an antitrust review of the auction, pursuant
to 43 U.S.C. 1337(c), which reads, in relevant part:
Antitrust review of lease sales. Following each notice of a
proposed lease sale and before the acceptance of bids and the issuance
of leases based on such bids, the Secretary [of the Interior] shall
allow the Attorney General, in consultation with the Federal Trade
Commission, 30 days to review the results of such lease sale, except
that the Attorney General, after consultation with the Federal Trade
Commission, may agree to a shorter review period.
Delivery of Leases: BOEM will send three lease copies to
each winner, with instructions on how to execute the leases. The first
6-months of the first year's rent payment is due 45 days after the
winner receives the lease copies for execution.
Return the Leases: The auction winners will have 10
business days from receiving the lease copies in which to file
financial assurance, pay any outstanding balance of their bonus bids,
and return the three executed lease copies.
Execution of Leases: Once BOEM has received the signed
lease copies and verified that all required materials have been
received, BOEM will make a final determination regarding its execution
of the leases and will execute the leases if appropriate.
Financial Terms and Conditions: This section provides an overview
of the basic annual payments required of a Lessee that will be fully
described in each lease.
Rent
The first year's rent payment of $3 per acre for the entire lease
area will be separated into two 6-month payments. The first 6-month
payment is due within 45 days of the date the Lessee receives the lease
for execution. The second 6-month payment is due by the first day of
the seventh month after the Effective Date of the lease. Thereafter,
annual rent payments are due on the anniversary of the Effective Date
of the lease, i.e., the Lease Anniversary. Once the first commercial
operations under the lease begin, rent will be charged on the remaining
part of the lease not authorized for commercial operations, i.e., not
generating electricity. However, instead of geographically dividing the
lease area into acreage that is ``generating'' and acreage that is
``non-generating,'' the fraction of the lease accruing rent is based on
the fraction of the total nameplate capacity of the project that is not
yet in operation. The
[[Page 76645]]
fraction is the nameplate capacity (as defined herein) at the time
payment is due, which is not yet authorized for commercial operations,
divided by the maximum nameplate capacity after full installation of
the project, as defined in the COP. This fraction is then multiplied by
the amount of rent that would be due for the Lessee's entire leased
area at the rental rate of $3 per acre to obtain the annual rent due
for a given year.
For example, for a lease the size of 79,707 acres (the size of the
entire Maryland WEA), the amount of rent payment will be $239,121 per
year if no portion of the leased area is authorized for commercial
operations. If 500 megawatts (MW) of a project's nameplate capacity is
operating (or authorized for operation), and its most recent approved
COP specifies a maximum nameplate capacity of 1000 MW, the rent payment
would be $119,560.50.
The Lessee also must pay rent for any project easement associated
with the lease commencing on the date that BOEM approves the COP (or
COP modification) that describes the project easement. Annual rent for
a project easement 200-feet wide and centered on the transmission cable
is $70.00 per statute mile. For any additional acreage required, the
Lessee must also pay the greater of $5.00 per acre per year or $450.00
per year.
Operating Fee
The annual operating fee reflects a 2% operating fee rate applied
to a proxy for the wholesale market value of electricity production.
The initial payment is prorated to reflect the period between the start
of commercial operations and the Lease Anniversary and is due within 45
days of the start of commercial operations; thereafter, subsequent
annual operating fee payments are due on or before each Lease
Anniversary. The annual operating fee payment is calculated by
multiplying an operating fee rate by the imputed wholesale market value
of the projected annual electric power production. For the purposes of
this calculation, the imputed market value is the product of the
project's annual nameplate capacity, the total number of hours in the
year (8,760), a capacity utilization factor, and the annual average
price of electricity derived from a historical regional wholesale power
price index.
Operating Fee Rate: The operating fee rate is set at 0.02 (i.e.,
2%) during the entire life of commercial operations.
Nameplate Capacity: Nameplate capacity is the maximum rated
electric output, expressed in MW, which the turbines of the wind
facility under commercial operations can produce at their rated wind
speed as designated by the turbine's manufacturer. The nameplate
capacity at the start of each year of commercial operations on the
lease will be specified in the COP. For example, if a Lessee has 20
turbines under commercial operations rated by the design manufacturer
at 5 MW of output each, the nameplate capacity of the wind facility at
the rated wind speed of the turbines would be 100 MW.
Capacity Factor: Capacity factor represents the share of
anticipated generation of the wind facility that is delivered to the
interconnection grid (i.e., where the Lessee's facility interconnects
with the electric grid) relative to the wind facility's generation at
continuous full power operation at nameplate capacity, expressed as a
decimal between zero and one. The capacity factor for the year in which
the Commercial Operation Date occurs and for the first six full years
of commercial operations on the lease is set to 0.4 (i.e., 40%) to
allow for one year of installation and testing followed by five years
at full availability. At the end of the sixth year, the capacity factor
may be adjusted to reflect the performance over the previous five years
based upon the actual metered electricity generation at the delivery
point to the electrical grid. Similar adjustments to the capacity
factor may be made once every five years thereafter. The maximum change
in the capacity factor from one period to the next will be limited to
plus or minus 10 percent of the previous period's value.
Wholesale Power Price Index: The wholesale power price, expressed
in dollars per MW-hour, is determined at the time each annual operating
fee payment is due, based on the weighted average of the inflation-
adjusted peak and off-peak spot price indices for the Northeast--PJM
West power market for the most recent year of data available as
reported by the Federal Energy Regulatory Commission (FERC) as part of
its annual State of the Markets Report with specific reference to the
summary entitled, ``Electric Market Overview: Regional Spot Prices.''
The wholesale power price is adjusted for inflation from the year
associated with the published spot price indices to the year in which
the operating fee is to be due based on the Lease Anniversary using
annual implicit price deflators as reported by the U.S. Department of
Commerce, Bureau of Economic Analysis.
Financial Assurance
Within 10 business days after receiving the lease copies, the
provisional winner must provide an initial lease-specific bond or other
approved means of meeting the Lessor's initial financial assurance
requirements, in the amount of $100,000. BOEM will base the amount of
all SAP, COP, and decommissioning financial assurance requirements on
estimates of cost to meet all accrued lease obligations. The amount of
supplemental and decommissioning financial assurance requirements will
be determined on a case-by-case basis.
The financial terms can be found in Addendum ``B'' of the proposed
leases, which BOEM has made available with this notice on its Web site
at: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
Place And Time: The auction will be held online. The time that the
auction will be held will be published in the FSN. The date has not
been finalized, but will be no earlier than 30 days after publication
of the FSN in the Federal Register.
Public Seminar: BOEM will host a public seminar to introduce
potential bidders and other stakeholders to the auction format provided
in the PSN, explain the auction rules, and demonstrate the auction
process. The time and place of the seminar will be announced by BOEM
and published on the BOEM Web site. No registration or RSVP will be
required to attend.
Mock Auction: BOEM will host a Mock Auction to educate qualified
bidders about the procedures to be employed during the auction and to
answer questions. The Mock Auction will take place between the
publication of the FSN in the Federal Register and the date of the
auction. Following publication of the FSN in the Federal Register,
details of the Mock Auction will be distributed to those eligible to
participate in the auction. All qualified bidders that intend to
participate in the auction are strongly encouraged to participate in
the Mock Auction. Bidders will be eligible to participate in the Mock
Auction if they have been legally, technically and financially
qualified to participate in the lease sale, and have submitted an
adequate bid deposit as discussed herein.
Bid Deposit: A bid deposit is an advance cash deposit submitted to
BOEM in order to participate in the auction. No later than the deadline
provided in the FSN, each bidder must have submitted a bid deposit of
$450,000 per unit of desired initial eligibility. Each lease is worth
one unit
[[Page 76646]]
of bid eligibility in the auction. The required bid deposit for any
participant intending to bid on both leases in the first round of the
auction will be $900,000. Any participant intending to bid on only one
of the leases during the auction must submit a bid deposit of $450,000.
Any bidder that fails to submit the bid deposit by the deadline
described in the FSN may be disqualified from participating in the
auction. Bid deposits will be accepted online via pay.gov. Following
publication of the FSN, each bidder must fill out the BFF included in
the FSN. BOEM has made a copy of the proposed BFF available with this
notice on its Web site at: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland. This form requests that each bidder
designate an email address, which the bidder should use to create an
account in pay.gov. After establishing the pay.gov account, bidders may
use the Bid Deposit Form on the pay.gov Web site to leave a deposit.
Following the auction, bid deposits will be applied against any
bonus bids or other obligations owed to BOEM. If the bid deposit
exceeds the bidder's total financial obligation, the balance of the bid
deposit will be refunded to the bidder. BOEM will refund bid deposits
to unsuccessful bidders.
Minimum Bid: In this auction, approximately 32,737 acres will be
offered for sale as Lease OCS-A 0489, and approximately 46,970 acres
will be offered for sale as Lease OCS-A 0490. BOEM proposes for this
lease sale a minimum bid of $2 per acre for each lease area. Therefore,
the minimum acceptable bid will be $65,474 for Lease OCS-A 0489, and
$93,940 for Lease OCS-A 0490.
Area Offered For Leasing: The area described for leasing in this
PSN is the same as the area included in the Maryland Call (77 FR 5552,
Feb. 3, 2012). The area proposed to be available for sale will be
auctioned as two leases, Lease OCS-A 0489 [North Lease Area (North LA)]
and Lease OCS-A 0490 [South Lease Area (South LA)]. The North LA
consists of 32,737 acres and the South LA consists of 46,970 acres. The
total area is approximately 79,707 acres. If there are adequate bids,
two leases will be issued pursuant to this lease sale. A description of
the lease areas can be found in Addendum ``A'' of the proposed leases,
which BOEM has made available with this notice on its Web site at:
https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
Map of the Area Offered for Leasing
A map of the North and South LAs and a table of the boundary
coordinates in X, Y (eastings, northings) UTM Zone 18, NAD83 Datum and
geographic X, Y (longitude, latitude), NAD83 Datum can be found at the
following URL: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
A large scale map of these areas showing boundaries of the area
with numbered blocks is available from BOEM at the following address:
Bureau of Ocean Energy Management, Office of Renewable Energy Programs,
381 Elden Street, HM 1328, Herndon, Virginia 20170, Phone: (703) 787-
1320, Fax: (703) 787-1708.
Delineation of the Leasing Areas
BOEM commissioned the Department of Energy's National Renewable
Energy Laboratory (NREL) to conduct an analysis to inform BOEM's
identification and delineation of leasing areas within the Maryland WEA
prior to identifying areas to propose for leasing in the PSN. NREL's
final report for the Maryland WEA, ``Assessment of Offshore Wind Energy
Leasing Areas for the BOEM Maryland Wind Energy Area,'' was released on
June 26, 2013, and is available on BOEM's Web site at: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
BOEM delineated the WEA so that the South LA is slightly larger
than the North LA, utilizing the results of the NREL report to inform
the identification of these LAs. This delineation serves two purposes.
First, it helps to offset technological challenges to development
caused by deeper waters in the southeastern portion of the South LA, an
issue emphasized in NREL's final report. Second, it helps to offset
certain restrictions to development in the South LA that BOEM may
impose in the future, if necessary, to alleviate navigational safety
concerns. BOEM believes it would be preferable to give each lessee
equal footing to help prevent one lessee from being unduly burdened by
any future development restrictions, which are known to be more likely
in the South LA.
Potential Future Restrictions To Ensure Navigational Safety
Potential bidders should note that portions of certain sub-blocks
in both the North and South LAs may not be available for future
development (i.e., installation of wind facilities) due to navigational
safety concerns, as discussed below.
Proximity to Delaware Bay Traffic Separation Scheme
During discussions with the Maryland Intergovernmental Task Force
on June 24, 2011, the U.S. Coast Guard (USCG) recommended that BOEM not
approve the installation of wind facilities within 1 nautical mile of a
TSS to help ensure navigational safety. This recommendation was
reiterated at subsequent Task Force meetings. Moreover, the USCG has
expressed that they may determine in the future that a larger setback
is necessary under certain circumstances. Tables 1 and 2 list
potentially affected blocks and assume a 1 nautical mile setback from
an extended Delaware Bay TSS. Maps identifying these sub-blocks are
available on BOEM's Web site at: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
Table 1--North Leasing Area: Blocks With Potential Restrictions
----------------------------------------------------------------------------------------------------------------
Protraction name Protraction No. Block No. Sub Block
----------------------------------------------------------------------------------------------------------------
Salisbury................................. NJ18-05 6624 D,H
Salisbury................................. NJ18-05 6625 E,I,N
Salisbury................................. NJ18-05 6675 B,C,G,H,L,P
Salisbury................................. NJ18-05 6676 M
Salisbury................................. NJ18-05 6726 A,B,F
----------------------------------------------------------------------------------------------------------------
Table 2--South Leasing Area: Blocks With Potential Restrictions
----------------------------------------------------------------------------------------------------------------
Protraction name Protraction No. Block No. Sub Block
----------------------------------------------------------------------------------------------------------------
Salisbury................................. NJ18-05 6726 J,K,O,P
[[Page 76647]]
Salisbury................................. NJ18-05 6776 D,H
Salisbury................................. NJ18-05 6777 E,I,J,N
Salisbury................................. NJ18-05 6827 C,G,H,L
Salisbury................................. NJ18-05 6828 M
----------------------------------------------------------------------------------------------------------------
Traditional Tug, Towing, and Barge Traffic Route
On April 22, 2013, BOEM received a letter from the USCG providing
analysis of tug, towing, and barge traffic that currently transits
through the MD WEA. The letter discussed potential safety implications
of allowing offshore wind development in the area, particularly in the
southeastern corner of the WEA, and requested that BOEM consider
including two smaller LA configurations in this PSN. This letter can be
found on BOEM's Web site at: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
BOEM gathered input regarding the area to include in this PSN from
the members of BOEM's Maryland Intergovernmental Task Force during a
Task Force webinar held on June 27, 2013, and received additional
comments and correspondence from relevant stakeholders since that time.
This includes correspondence received on August 29, 2013, from the
American Waterways Operators (AWO), an organization representing the
U.S. tugboat, towboat, and barge industry. In its August letter, AWO
expressed concern with the Maryland WEA and its potential to disrupt
traditional transit routes through the southeastern corner of the WEA.
AWO stated that if full build-out were to occur in the Maryland WEA,
this development could cause tugboats to navigate further east or west
from their current north-south routes, which, in certain weather
conditions, could put these vessels at greater risk and jeopardize safe
transit due to different sea state conditions farther offshore and
greater congestion closer inshore. This letter can be found on BOEM's
Web site at: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
In a letter to BOEM dated September 4, 2013, the Business Network
for Maryland Offshore Wind requested that BOEM refrain from making any
reductions to the Maryland WEA prior to leasing. They provide responses
to the points in USCG's April 22, 2013, letter and suggest that
reducing the area now prior to receipt of a COP and an associated
navigational risk assessment would be premature. The letter suggests
that any reduction of the area due to potential navigational safety
risk and any associated costs of rerouting traffic would be best
addressed during review of each lessee's COP in the context of a
comprehensive Environmental Impact Statement (EIS).
After considering the issues raised by the USCG and other relevant
parties and evaluating all information available to date pertaining to
tug, towing, and barge traffic through the Maryland WEA, BOEM has
decided not to reduce the size of the MD WEA in this PSN. BOEM will
receive additional vessel traffic data and analysis in the future,
which will better inform a decision regarding site-specific
restrictions or mitigations to alleviate navigational concerns.
Additional information that BOEM expects to have available to inform
its decision would include the final navigational safety risk
assessment that will be submitted with each lessee's COP, and the
results of two ongoing studies: 1) the U.S. Coast Guard's Atlantic
Coast Port Access Route Study (ACPARS), and 2) a BOEM-funded study,
``Marine Vessel Traffic and Wind Energy Development Infrastructure on
the OCS--Risk Analysis,'' being conducted by the Department of Energy's
Pacific Northwest National Laboratory (PNNL).
BOEM welcomes comments on navigational safety during this notice's
comment period and will consider all comments received prior to
publishing a Final Sale Notice and holding a sale.
Withdrawal of Blocks: BOEM reserves the right to withdraw areas
from this lease sale prior to its execution of a lease.
Lease Terms and Conditions: BOEM has included proposed lease terms,
conditions and stipulations for OCS commercial wind leases in the
Maryland WEA in Addendum ``C'' of the proposed leases. BOEM reserves
the right to add additional terms and conditions to any approval or
approval with modifications of a SAP and/or COP. The proposed leases,
including Addendum ``C'', are available on BOEM's Web site at: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx. Each
proposed lease includes the following six attachments:
Addendum ``A'' (Description of Leased Area and Lease
Activities);
Addendum ``B'' (Lease Term and Financial Schedule);
Addendum ``C'' (Lease Specific Terms, Conditions, and
Stipulations);
Addendum ``D'' (Project Easement);
Addendum ``E'' (Rent Schedule);
Appendix A to Addendum ``C'': (Incident Report: Protected
Species Injury or Mortality).
Appendix B to Addendum ``C'': (Required Data Elements for
Protected Species Observer Reports).
Addenda ``A'', ``B'', and ``C'' provide detailed descriptions of lease
terms and conditions. Addenda ``D'' and ``E'' will be completed at the
time of COP approval.
After considering comments on the PSN and these proposed
provisions, BOEM will publish final lease terms and conditions in the
FSN.
Plans
Pursuant to 30 CFR 585.601, the leaseholder must submit a SAP
within 6 months of lease issuance. If the leaseholder intends to
continue its commercial lease with an operations term, the leaseholder
must submit a COP at least 6 months before the end of the site
assessment term.
Qualifications--Who May Bid: Any potential bidder that has not
already submitted a complete set of qualifications materials must do so
by the end of the 60-day comment period of this PSN. To be eligible to
participate in the auction, each potential bidder must have been found
by BOEM to be legally, technically and financially qualified under
BOEM's regulations at 30 CFR 585.106-107 by the time the FSN for this
sale is published. Please note that technical and financial
qualifications are lease-specific; it is not sufficient to have been
technically and financially qualified to pursue a project offshore
another state.
Guidance and examples of the appropriate documentation
demonstrating the required legal qualifications can be found in Chapter
2 and Appendix B of Guidelines for the Minerals Management Service
Renewable Energy Framework, available on BOEM's Web site at: https://
www.boem.gov/Renewable-Energy-
[[Page 76648]]
Program/Regulatory-Information/Index.aspx. Guidance regarding how
bidders may demonstrate their technical and financial qualifications is
provided in Qualification Guidelines to Acquire and Hold Renewable
Energy Leases and Grants and Alternate Use Grants on the U.S. Outer
Continental Shelf, available on BOEM's Web site at: https://boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx. BOEM strongly recommends that bidders
refer to this guidance before submitting their qualification materials,
as the guidance is updated periodically.
Bidders must submit documentation necessary to demonstrate their
legal, technical, and financial qualifications to BOEM in both paper
and electronic formats. BOEM considers an Adobe PDF file stored on a
compact disc (CD) to be an acceptable format for submitting an
electronic copy. In their qualification materials, bidders must provide
a general description of the project that they would like to construct
on the lease area sought in this sale, including estimates of the
project area and total nameplate capacity of the proposed facilities.
Please note that it may take a number of weeks for bidders to
establish their legal, technical, and financial qualifications. BOEM
advises potential bidders planning to participate in a sale to
establish their qualifications promptly. It is not uncommon for BOEM to
request additional materials establishing qualifications following an
initial review of the qualifications package. Any potential bidder
whose qualification package is incomplete at the time the FSN for this
sale is published in the Federal Register will be found to have failed
to establish its qualifications and will be unable to participate in
the sale.
Finally, potentially interested parties should note that BOEM has
the discretion to contract one or both LAs based upon comments received
in response to this notice and other relevant information provided to
the bureau. If a potential bidder is interested in leasing either or
both LAs, whether full or partial, then that party should submit their
qualifications package during the comment period of this PSN.
Auction Procedures
Summary
For the sale of Lease OCS-A 0489 and Lease OCS-A 0490, BOEM will
use a multiple-factor auction format with a multiple-factor bidding
system. Under this system, BOEM may consider a combination of monetary
and nonmonetary factors, or ``variables,'' in determining the outcome
of the auction. BOEM will appoint a panel of three BOEM employees for
the purposes of reviewing the non-monetary packages and verifying the
results of the lease sale. BOEM reserves the right to change the
composition of this panel prior to the date of the lease sale. The
panel will determine whether any bidder has earned a non-monetary
credit to be used during the auction (i.e., if a bidder holds a Power
Purchase Agreement (PPA) or a Maryland Public Service Commission (PSC)-
issued Offshore Renewable Energy Certificate (OREC) Order, as defined
herein), and if one or more bidders have earned such a credit, the
percentage that the credit will be worth. The auction will balance
consideration of two variables: (1) a cash bid, and (2) a non-monetary
credit. In sum, these two variables comprise the multi-factor bid or
``As-Bid'' auction price. A bidder's As-Bid price, which is the sum of
its cash bid and any credit portion earned, will either meet BOEM's
asking price or be reflected in the bidder's own Intra-Round Bid price
subject to certain conditions, as described more fully herein. A
multiple-factor auction, wherein both monetary and nonmonetary bid
variables are considered, is allowed under BOEM's regulations at 30 CFR
585.220(a)(4) and 585.221(a)(6).
Overview of the Multiple-Factor Bidding Format Proposed for This Sale
Under a multiple-factor bidding format, as set forth at 30 CFR
585.220(a)(4), BOEM may consider many factors as part of a bid. The
regulations state that one bid proposal per bidder will be accepted,
but do not further specify the procedures to be followed in the
multiple-factor format. This multiple-factor format is intended to
allow BOEM flexibility in administering the auction and in balancing
the variables presented. The regulations leave to BOEM the
determination of how to administer the multiple-factor auction format
to ensure the receipt of a fair return under the Act, 43 U.S.C.
1337(p)(2)(A).
BOEM's regulations at 30 CFR 585.220(a)(4) allow for a multi-round
auction in which each bidder may submit only one proposal per LA or for
a set of LAs in each round of the auction. The auction will be
conducted in a series of rounds. At the start of each round, BOEM will
state an asking price for the North LA and an asking price for the
South LA. The asking price for a bid on both LAs is the sum of the
asking prices for the North LA and the South LA. Each bidder will
indicate whether it is willing to meet the asking price for one or both
LAs. A bid submitted at the full asking price for one or both LAs in a
particular round is referred to as a ``live bid.'' A bidder must submit
a live bid for at least one of the LAs in each round to participate in
the next round of the auction. As long as there is at least one LA that
is included in two or more live bids, the auction continues, and the
next round is held.
A bidder's As-Bid price must meet the asking price in order for it
to be considered a live bid. A bidder may meet the asking price by
submitting a monetary bid equal to the asking price, or, if it has
earned a credit, by submitting a multiple-factor bid--that is, a live
bid that consists of a monetary element and a non-monetary element, the
sum of which equals the asking price. A multiple-factor bid would
consist of the sum of a cash portion and any credit portion which the
bidder has earned.
An uncontested bid is a live bid that does not overlap with other
live bids in that round. For example, a bid for both the North and the
South LAs is considered contested if any LA included in that bid is
included in another bid--a bid cannot be ``partially uncontested.'' An
uncontested bid represents the only apparent interest in that bid's
LA(s) at the asking price for that round. If a bidder submits an
uncontested bid consisting of one LA, and the auction continues for
another round, BOEM automatically carries that same live bid forward as
a live bid into the next round, and BOEM's asking price for the LA
contained in the uncontested bid would remain unchanged from the
previous round. If the price on the LA in that bid rises later in the
auction because another bidder places a live bid on that LA, BOEM will
stop automatically carrying forward the previously uncontested bid.
Once the asking price goes up, the bidder that placed the previously
carried-forward bid is free to bid on either lease area at the new
asking prices.
Following each round in which either LA is contained in more than
one live bid, BOEM will raise the asking price for that LA by an
increment determined by BOEM. The auction concludes when neither the
North LA nor the South LA is included in more than one live bid. The
series of rounds and the rising asking prices set by BOEM will
facilitate consideration of the first variable--the cash portion of the
bid.
The second variable--a credit of up to 25% of a monetary bid for
holding a PPA or a Maryland OREC Order--will be applied throughout the
auction
[[Page 76649]]
rounds as a form of imputed payment against the asking price for the
highest priced LA in a bidder's multiple-factor bid. This credit serves
to supplement the amount of a cash bid proposal made by a particular
bidder in each round. A bidder holding a qualified PPA or OREC Order
will receive a credit of up to 25%. In the case of a bidder holding a
credit and bidding on more than one LA, the credit will be applied only
on the LA with the highest asking price. More details on the non-
monetary factors are found in the ``Credit Factors'' section herein.
The panel will evaluate non-monetary packages consisting of any
purported PPA or qualified OREC Order to determine whether it meets the
criteria provided in the FSN, and therefore whether it will qualify for
a credit for its holder. It is possible that the panel could determine
that no bidder qualifies for a non-monetary credit during the auction,
in which case the auction would otherwise proceed as described in the
FSN. The panel will determine the winning bids for each LA on the basis
of the procedures described in the FSN.
Details of the Auction Process
Bidding--Live Bids
Each bidder is allowed to submit a live bid for one LA (North or
South), or both LAs based on its ``eligibility'' at the opening of each
round. A bidder's eligibility is either two, one, or zero LAs, and it
corresponds to the maximum number of LAs that a bidder may include in a
live bid during a single round of the auction. A bidder's initial
eligibility is determined based on the amount of the bid deposit
submitted by the bidder prior to the auction. To be eligible to offer a
bid on one LA at the start of the auction, a bidder must submit a bid
deposit of $450,000. To be eligible to offer a bid on both the North
and South LAs in the first round of the auction, the bidder must submit
a bid deposit of $900,000. A bidder's bid deposit will be used by BOEM
as a down payment on any monetary obligations incurred by the bidder
should it be awarded a lease.
As the auction proceeds, a bidder's eligibility is determined by
the number of LAs included in its live bid submitted in the round prior
to the current round. That is, if a bidder submitted a live bid on one
LA in the previous round, that bidder may submit a bid that includes at
most one LA in the current round. If a bidder submitted a live bid
comprised of both LAs in the previous round, that bidder may submit a
live bid that also includes these two LAs in the current round. In both
cases, unless a bidder has an uncontested bid that is carried forward
into the next round, the bidder also may choose to submit a live bid
with fewer LAs than the maximum number it is eligible to include in its
bid. Thus, eligibility in successive rounds may stay the same or go
down, but it can never go up.
In the first round of the auction, bidders have the following
options: A bidder with an initial eligibility of one (that is, a bidder
who submitted a bid deposit of $450,000) may:
Submit a live bid on the North LA or the South LA, or
Submit nothing, and drop out of the auction.
A bidder with an initial eligibility of two (that is, a bidder who
submitted a bid deposit of $900,000) may:
Submit a live bid for both the North and South LAs,
Submit a live bid for either the North LA or the South LA,
or
Submit nothing, and drop out of the auction.
Before each subsequent round of the auction, BOEM will raise the
asking price for any LA that was contained in more than one live bid in
the previous round. BOEM will not raise the asking price for a LA that
was in only one or no live bids in the previous round.
Asking price increments will be determined by BOEM, in its sole
discretion. BOEM will base asking price increments on a number of
factors, including:
Making the increments sufficiently large that the auction
will not take an unduly long time to conclude; and
Decreasing the increments as the asking price of a LA
nears its apparent final price.
BOEM reserves the right during the auction to increase or decrease
increments if it determines, in its sole discretion, that a different
increment is warranted to enhance the efficiency of the auction
process. Asking prices for the LAs included in multiple live bids in
the previous round will be raised and rounded to the nearest whole
dollar amount to obtain the asking prices in the current round.
A bidder must submit a live bid in each round of the auction (or
have an uncontested live bid automatically carried forward by BOEM) for
it to remain active and continue bidding in future rounds. All of the
live bids submitted in any round of the auction will be preserved and
considered binding until determination of the winning bids is made.
Therefore, the bidders are responsible for payment of the bids they
submit and can be held accountable for up to the maximum amount of
those bids determined to be winning bids during the final award
procedures.
Between rounds, BOEM will release the following information:
The level of demand for each LA in the previous round of
the auction (i.e., the number of live bids that included the LA); and
The asking price for each LA in the upcoming round of the
auction.
In any subsequent round of the auction, if a bidder's previous
round bid was uncontested, and the auction continues for another round,
then BOEM will automatically carry forward that bid as a live bid in
the next round. A bidder whose bid is being carried forward will not
have an opportunity to modify or drop its bid until some other bidder
submits a live bid that overlaps with the LA in the carried forward
bid. In particular, for rounds in which a bidder finds its uncontested
bid is carried forward, the bidder will be unable to do the following:
Switch to the other LA;
Submit an Intra-Round Bid (see herein for discussion of
Intra-Round Bids); or
Drop out of the auction.
A bidder may be bound by that bid or, indeed, by any other bid which
BOEM determines is a winning bid in the award stage. Hence, a bidder
cannot drop an uncontested bid. In no scenario can a bidder be relieved
of any of its bids from previous or future rounds until a determination
is made in the award stage about the LAs won by the bidder.
If a bidder's bid is not being carried forward by BOEM, a bidder
with an eligibility of one (that is, a bidder who submitted a live bid
for either the North LA or the South LA in the previous round) may:
Submit a live bid for either the North LA or the South LA;
Submit an Intra-Round Bid for the same LA for which the
bidder submitted a live in the previous round, and exit the auction; or
Submit nothing, and drop out of the auction.
A bidder with an eligibility of two (that is, a bidder who submitted a
live bid for both North and South in the previous round) may:
Submit a live bid for both the North and South LAs;
Submit a live bid for either the North LA or the South LA;
Submit an Intra-Round Bid for both the North and South
LAs, and a live bid for either the North LA or the South LA;
Submit an Intra-Round Bid for both the North and South
LAs, no live bids, and exit the auction; or
[[Page 76650]]
Submit nothing, and drop out of the auction.
Subsequent auction rounds occur in this sale as long as either the
North LA or the South LA is contested. The auction concludes at the end
of the round in which neither the North LA nor the South LA is included
in the live bid of more than one bidder, i.e., all live bids are
uncontested.
Bidding--Intra-Round Bids
All asking prices and asking price increments will be determined by
the BOEM Auction Manager. Intra-round bidding allows bidders to more
precisely express the maximum price they are willing to offer for the
North, South, or both LAs while also minimizing the chance of ties. An
intra-round bid must consist of a single offer price for exactly the
same LA(s) included in the bidder's live bid in the previous round.
When submitting an intra-round bid, the bidder is indicating that
it is not willing to meet the current round's asking price, but it is
willing to pay more than the previous round's asking price. In
particular, in an intra-round bid, the bidder specifies the maximum
(higher than the previous round's asking price and less than the
current round's asking price) that it is willing to offer for the
specific LA(s) in its previous round's live bid.
Although an intra-round bid is not a live bid, in the round in
which a valid intra-round bid is submitted for both LAs, the bidder's
eligibility for a live bid in that same round and future rounds is
permanently reduced from including two LAs to one LA. In other words,
once an intra-round bid is submitted, the bidder will never again have
the opportunity to submit a live bid on as many LAs as it has bid in
previous rounds.
BOEM will not consider intra-round bids for the purpose of
determining whether to increase the asking price for a particular LA or
to end the auction. Also, BOEM will not count or share with bidders
between rounds the number of intra-round bids received for each LA.
All of the intra-round bids submitted during the auction will be
preserved, and may be determined to be winning bids. Therefore, bidders
are responsible for payment of the bids they submit and may be held
accountable for up to the maximum amount of any intra-round bids or
live bids determined to be winning bids during the final award
procedures.
Determining Provisional Winners
After the bidding ends, BOEM will determine the provisionally
winning bids in accordance with the process described in this section.
This process consists of two stages: Stage 1 and Stage 2, which are
described herein. Once the auction itself ends, nothing further is
required of bidders within or between Stages 1 and 2. In practice, the
stages of the process will take place as part of the solution algorithm
for analyzing the monetary and credit portion of the bids, determining
provisional winners, finding the LAs won by the provisional winners,
and calculating the applicable bid prices to be paid by the winners for
the LAs they won. This evaluation will be reviewed, checked and
validated by the panel. The determination of provisional winners, in
both stages, will be based on the two auction variables, as well as on
a bidder's adherence to the rules of the auction, and the absence of
conduct detrimental to the integrity of the competitive auction.
Stage 1
Live bids submitted in the final round of the auction are Qualified
Bids. In Stage 1, a bidder with a Qualified Bid is provisionally
assured of winning the LA(s) included in its final round bid,
regardless of any other prior-to-final round live bids or Intra-Round
Bids in any round. If both LAs are awarded to bidders in Stage 1, the
second award stage is not necessary. If the North LA or the South LA
received a bid but was not awarded in Stage 1 because no live bids were
received in the final round of the auction, BOEM will proceed to Stage
2 to award the leases.
Following the auction, all winning bidders must pay the price
associated with their winning bids, which may consist of cash and non-
monetary credits or just cash.
Stage 2
All bids are either Qualified Bids or Contingent Bids. Contingent
bids are all live bids received before the final round, and any Intra-
Round Bids received during the auction. In Stage 2, BOEM will consider
Contingent Bids to see if the unawarded LA(s) can be awarded without
interfering with Stage 1 awards. BOEM will award leases in Stage 2 to
the bid(s) that maximize(s) the total As-Bid prices.
Any Contingent Bids that conflict with Qualified Bids will not be
considered. There is one notable exception to this rule. This exception
allows BOEM to accept a Contingent Bid for both LAs notwithstanding the
existence of a Qualified Bid by the same bidder, provided the
acceptance of the Contingent Bid for both LAs results in higher overall
As-Bid prices than acceptance of only the Qualified Bid for a single
LA.
In this scenario, a bidder would be awarded both LAs and would be
required to pay its Intra-Round Bid price associated with its Intra-
Round Bid for both LAs, even though it submitted a Qualified Bid that
guaranteed only one of the LAs.
This exception represents the only situation in which BOEM will
consider for award a Contingent Bid which overlaps a Qualified Bid. In
contrast, there is no situation in which one bidder's Contingent Bid
will be considered for award if it overlaps with any LA that is
included in another bidder's Qualified Bid.
Under certain circumstances, different combinations of contingent
bids may result in the same total As-Bid price. In such cases, BOEM
will resolve the resulting tie with a random drawing.
In the event a bidder submits a bid for a LA that the panel and
BOEM determine to be a winning bid, the bidder will be expected to sign
the applicable lease documents in a timely manner and submit the full
cash payment due, pursuant to 30 CFR 585.224. If a bidder fails to
timely sign and pay for the lease, then BOEM will not issue the lease
to that bidder, and the bidder will forfeit its bid deposit. BOEM may
consider failure of a bidder to timely pay the full amount due an
indication that the bidder is no longer financially qualified to
participate in other lease sales under BOEM's regulations at 30 CFR
585.106 and 585.107.
Credit Factors
Prior to the auction, BOEM will convene a panel to evaluate
bidders' non-monetary packages to determine whether and to what extent
each bidder is eligible for a non-monetary credit applicable to the As-
Bid auction price for one of the LAs in each round of the auction, as
described herein. Any single PPA or Maryland OREC Order cannot be used
by more than one bidder in the auction.
The percentage credit is determined based on the panel's evaluation
of required documentation submitted by the bidders as of the deadline
specified in the FSN. Bidders will be informed by email before the
monetary auction about the percentage credit applicable to their bids.
The bid credit will be applicable to only one LA. Any non-monetary
credit would only be applicable to the higher priced LA in a bid for
both LAs. For an Intra-Round Bid containing both
[[Page 76651]]
LAs, the higher priced LA will be determined using the previous round's
asking prices. In each round, the auction system will display
information showing how their As-Bid auction prices are affected by the
credit imputed to their bid to determine their net monetary payment due
to BOEM, should their bids prevail as winning bids in the award stages.
Application of the credit percentage to the appropriate As-Bid auction
price will be rounded to the nearest whole dollar amount.
The bidder's imputed credit throughout the auction and award
process is limited to the greater of 25% for a Maryland OREC Order, or
up to 25% for a PPA (for at least 250 MW), applied to the highest
priced LA related to the bidder's latest live bid or Intra-Round Bid.
During each round, bidders are informed by the BOEM Auction System how
the credit applies to their live bid and any Intra-Round Bid. In the
case of an Intra-Round Bid for both LAs, the credit will apply only to
the higher-priced LA, but the applicable price for calculating the
credit will be based on the previous round's asking prices, not on any
additional amount above the previous round's asking prices as reflected
in the incremental amount associated with its Intra-Round Bid.
The panel will review the non-monetary package submitted by each
bidder, and determine whether bidders have established that they are
qualified to receive a credit, and the percentage at which that credit
will apply, based on the definitional information of a PPA and an OREC
application, as described herein. If the panel determines that no
bidder has qualified for a non-monetary factor, the auction will
proceed with each bidder registered with no imputed credit.
Credit Factor Definitions
The definitions herein will apply to the factors for which bidders
may earn a credit.
Power purchase agreement (PPA) is any legally enforceable long-term
contract negotiated between an electricity generator (Generator) and a
power purchaser (Buyer) that identifies, defines, and stipulates the
rights and obligations of one party to produce, and the other party to
purchase, energy from an offshore wind project to be located in the
lease sale area. The PPA must have been approved by a public utility
commission or similar legal authority. The PPA must state that the
Generator will sell to the Buyer and the Buyer will buy from the
Generator capacity, energy, and/or environmental attribute products
from the project, as defined in the terms and conditions set forth in
the PPA. Energy products to be supplied by the Generator and the
details of the firm cost recovery mechanism approved by the state's
public utility commission or other applicable authority used to recover
expenditures incurred as a result of the PPA must be specified in the
PPA. To qualify, a PPA must contain the following terms or supporting
documentation:
(i) A complete description of the proposed project;
(ii) Identification of both the electricity Generator and Buyer
that will enter into a long term contract;
(iii) A time line for permitting, licensing, and construction;
(iv) Pricing projected under the long term contract being sought,
including prices for all market products that would be sold under the
proposed long term contract;
(v) A schedule of quantities of each product to be delivered and
projected electrical energy production profiles;
(vi) The term for the long-term contract;
(vii) Citations to all filings related to the PPA that have been
made with state and Federal agencies, and identification of all such
filings that are necessary to be made; and
(viii) Copies of or citations to interconnection filings related to
the PPA.
If the panel determines a bidder has executed a PPA for at least
250 MW, it will be eligible for the entire 25% credit. If the panel
determines a bidder has executed a PPA for an amount less than 250 MW,
the bidder may still be eligible for a non-monetary credit proportional
to the PPA's fraction of 250 MW. The smaller percentage for a partial
credit will be calculated according to the formula below:
[GRAPHIC] [TIFF OMITTED] TN18DE13.000
Where:
Partial Credit = Percent credit for which a smaller PPA is
eligible.
Full PPA = 250 MW
Full Credit = 25%
Partial PPA = amount (less than 250 MW) of power under
contract
Maryland OREC Order is an order issued by the Maryland PSC
approving a qualifying offshore wind project and establishing an OREC
pricing schedule, pursuant to Md. Public Utilities Code Ann. Sec. 7-
704.1.
Additional Information Regarding the Auction Format
Non-Monetary Auction Procedures
All bidders seeking a non-monetary auction credit will be required
to submit a non-monetary auction package prior to the auction.
Instructions and deadlines for submittal will be provided in the FSN.
If a bidder does not submit a non-monetary package by the date
specified in the FSN, then BOEM will assume that bidder is not seeking
a non-monetary auction credit and the panel will not consider that
bidder for a non-monetary auction credit.
Bidder Authentication
Prior to the auction, the Auction Manager will send several bidder
authentication packages to each bidder shortly after BOEM has processed
the BFFs. One package will contain tokens for each authorized
individual. Tokens are digital authentication devices. The tokens will
be mailed to the Primary Point of Contact indicated on the BFF. This
individual is responsible for distributing the tokens to the
individuals authorized to bid for that company. Bidders are to ensure
that each token is returned within three business days following the
auction. An addressed, stamped envelope will be provided to facilitate
this process. In the event that a bidder fails to submit a BFF, a bid
deposit, or does not participate in the auction, BOEM will de-activate
that bidder's token and login information, and the bidder will be asked
to return its tokens.
The second package contains login credentials for authorized
bidders. The login credentials will be mailed to the address provided
in the BFF for each authorized individual. Bidders can confirm these
addresses by calling 703-787-1320. This package will contain user login
information and instructions for accessing the Auction System Technical
Supplement and Alternative Bidding Form. The login information, along
with the tokens, will be tested during the Mock Auction.
[[Page 76652]]
Monetary Auction Times
This information will be elaborated on in the FSN and further
clarified at the Mock Auction to be held prior to the lease sale.
Additional information will be made available in an Auction System
Technical Supplement, which will be posted on BOEM's Web site prior to
the auction.
BOEM and the auction contractors will use the auction platform
messaging service to keep bidders informed on issues of interest during
the auction. For example, BOEM may change the schedule at any time,
including during the auction. If BOEM changes the schedule during the
auction, it will use the messaging feature to notify bidders that a
revision has been made, and direct bidders to the relevant page. BOEM
will also use the messaging system for other changes and items of
particular note during the auction. The auction schedule and asking
price increments are in BOEM's discretion, and are subject to change at
any time before or during the auction.
During the auction, bidders may place bids at any time during the
round. At the top of the bidding page, a countdown clock will show how
much time remains in the round. Bidders have until the scheduled time
to place bids. Bidders should do so according to the procedures
described in the Auction System Technical Supplement, and as practiced
at the Mock Auction. No information about the round is available until
the round has closed and results have been posted, so there should be
no strategic advantage to placing bids early or late in the round.
Alternate Bidding Procedures
Any bidder who is unable to place a bid using the online auction
should follow these instructions:
Call BOEM/the BOEM Auction Manager at the help desk number
that is listed in the Auction System Technical Supplement before the
end of the round.
BOEM will authenticate the caller to ensure he/she is
authorized to bid on behalf of the company.
Explain the problem.
BOEM may, in its sole discretion, accept a bid using the
Alternative Bidding Procedure.
The Alternative Bidding Procedure enables a bidder who is
having difficulties accessing the Internet to submit its bid via an
Alternative Bidding Form that must be faxed to the auction manager.
[cir] If the bidder has not placed a bid, but calls BOEM before the
end of the round and notifies BOEM that it is preparing a bid using the
Alternate Bidding Procedure, and submits the Alternate Bidding Form by
fax before the round ends, BOEM will likely accept the bid, though
acceptance or rejection of the bid is within BOEM's sole discretion.
[cir] If the bidder calls during the round, but does not submit the
bid until after the round ends (but before the round is posted), BOEM
may or may not accept the bid, in part based on how much time remains
in the recess. Bidders are strongly encouraged to submit the
Alternative Bidding Form before the round ends.
[cir] If the bidder calls during the recess following the round,
but before the previous round's results have been posted, BOEM will
likely reject its bid, even if it has otherwise complied with all of
BOEM's Alternate Bidding Procedures.
[cir] If the bidder calls to enter a bid after results have been
posted, BOEM will reject the bid.
Except for bidders who have uncontested bids in the current round,
failure to place a bid during a round will be interpreted as dropping
out of the auction. Bids in all rounds are preserved for consideration
in Stage 2 of the award process. Bidders are held accountable for all
bids placed during the auction. This is true if they continued bidding
in the last round, if they placed an Intra-Round Bid for a single LA in
an earlier round, or if they stopped bidding during the auction.
Acceptance, Rejection, or Return Of Bids: BOEM reserves the right
and authority to reject any and all bids. No leases will be awarded to
any bidders and no bids will be accepted, unless (1) the bidder has
complied with all requirements of the FSN, applicable regulations and
statutes, including, but not limited to, bidder qualifications, bid
deposits, and adherence to the integrity of the competitive bidding
process, (2) the bid conforms with the requirements and rules of the
auction, and (3) the amount of the bid has been determined to be
adequate by the authorized officer. Any bid submitted that does not
satisfy these requirements may be returned to the bidder by the Program
Manager of BOEM's Office of Renewable Energy Programs and, in that
case, would not be considered for acceptance.
Process for Issuing the Leases: If BOEM proceeds with lease
issuance, it will issue three unsigned copies of the lease form to each
winning bidder. Within 10 business days after receiving the lease
copies, a winning bidder must:
1. Execute the lease on the bidder's behalf;
2. File financial assurance as required under 30 CFR 585.515-537;
and
3. Pay by electronic funds transfer (EFT) the balance of the bonus
bid (bid amount less the bid deposit). BOEM requires bidders to use EFT
procedures (not to include pay.gov) for payment of the balance of the
bonus bid, following the detailed instructions contained in the
``Instructions for Making Electronic Payments'' available on BOEM's Web
site at: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
If a winning bidder does not meet these three requirements within
10 business days of receiving the lease copies as described herein, or
if a winning bidder otherwise fails to comply with applicable
regulations or the terms of the FSN, the winning bidder will forfeit
its bid deposit. BOEM may extend this 10 business-day time period if it
determines the delay was caused by events beyond the winning bidder's
control.
In the event that the provisional winner does not execute and
return the leases according to the instructions in the FSN, BOEM
reserves the right to reconvene the panel to determine whether it is
possible to identify a bid that would have won in the absence of the
bid previously determined to be the winning bid. In the event that a
new winning bid is selected by the panel, BOEM will follow the
procedures in this section for the new winner(s).
BOEM will not execute a lease until (1) the three requirements
above have been satisfied, (2) BOEM has accepted the winning bidder's
financial assurance, and (3) BOEM has processed the winning bidder's
payment. The winning bidder may meet financial assurance requirements
by posting a surety bond or by setting up an escrow account with a
trust agreement giving BOEM the right to withdraw the money held in the
account on demand by BOEM. BOEM may accept other forms of financial
assurance on a case-by-case basis in accordance with its regulations.
BOEM encourages provisionally winning bidders to discuss the financial
assurance requirement with BOEM as soon as possible after the auction
has concluded.
Within 45 days of the date that the winning bidder receives the
lease copies, the winning bidder must pay the first 6-months' rent
using the pay.gov Renewable Energy Initial Rental Payment form
available at: https://pay.gov/paygov/forms/formInstance.html?agencyFormId=27797604.
The Lessee must pay the remaining 6-months' rent by the first day
of the
[[Page 76653]]
seventh month following the effective date of the lease, following the
detailed instructions contained in the ``Instructions for Making
Electronic Payments'' available on BOEM's Web site at: https://www.boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx.
Anti-Competitive Behavior: In addition to the auction rules
described in this notice, bidding behavior is governed by Federal
antitrust laws designed to prevent anticompetitive behavior in the
marketplace. Compliance with BOEM's auction procedures will not
insulate a party from enforcement of antitrust laws.
In accordance with the Act at 43 U.S.C. 1337(c), following the
auction, and before the acceptance of bids and the issuance of leases,
BOEM will ``allow the Attorney General, in consultation with the
Federal Trade Commission, thirty days to review the results of the
lease sale.'' If a bidder is found to have engaged in anti-competitive
behavior or otherwise violated BOEM's rules in connection with its
participation in the competitive bidding process, BOEM may reject the
high bid.
Anti-competitive behavior determinations are fact specific.
However, such behavior may manifest itself in several different ways,
including, but not limited to:
An agreement, either express or tacit, among bidders to
not bid in an auction, or to bid a particular price;
An agreement among bidders not to bid for a particular LA;
An agreement among bidders not to bid against each other;
and
Other agreements among bidders that have the effect of
limiting the final auction price.
BOEM may decline to award a lease if doing so would otherwise create a
situation inconsistent with the antitrust laws (e.g., heavily
concentrated market, etc.).
For more information on whether specific communications or
agreements could constitute a violation of Federal antitrust law,
please see: https://www.justice.gov/atr/public/business-resources.html,
or consult counsel.
Bidder's Financial Form Certification: Each bidder is required to
sign the self-certification, in accordance with 18 U.S.C. 1001 (Fraud
and False Statements) in the Bidder's Financial Form, which can be
found on BOEM's Web site at: https://boem.gov/Renewable-Energy-Program/State-Activities/Maryland.aspx. The form must be filled out and
returned to BOEM in accordance with the ``Deadlines and Milestones for
Bidders'' section of this notice.
Non-Procurement Debarment and Suspension Regulations: Pursuant to
regulations at 43 CFR Part 42, Subpart C, an OCS renewable energy
Lessee must comply with the U.S. Department of the Interior's non-
procurement debarment and suspension regulations at 2 CFR 180 and 1400
and agree to communicate the requirement to comply with these
regulations to persons with whom the Lessee does business as it relates
to this lease by including this term as a condition in their contracts
and other transactions.
Final Sale Notice: BOEM will consider comments received or
postmarked during the PSN comment period in preparing a FSN that will
provide the final details concerning the offering and issuance of OCS
commercial wind energy leases in the Maryland WEA. The FSN will be
published in the Federal Register at least 30 days before the lease
sale is conducted and will provide the date and time of the auction.
Force Majeure: The Program Manager of BOEM's Office of Renewable
Energy Programs has the discretion to change any date, time, and/or
location specified in the FSN in case of a force majeure event that the
Program Manager deems may interfere with a fair and proper lease sale
process. Such events may include, but are not limited to, natural
disasters (e.g., earthquakes, hurricanes, floods), wars, riots, acts of
terrorism, fire, strikes, civil disorder or other events of a similar
nature. In case of such events, bidders should call 703-787-1320 or
access the BOEM Web site at: https://www.boem.gov/Renewable-Energy-Program/index.aspx.
Appeals: The appeals procedures are provided in BOEM's regulations
at 30 CFR 585.225 and 585.118(c). Pursuant to 30 CFR 585.225,
(a) If BOEM rejects your bid, BOEM will provide a written statement
of the reasons and refund any money deposited with your bid, without
interest.
(b) You will then be able to ask the BOEM Director for
reconsideration, in writing, within 15 business days of bid rejection,
under 30 CFR 585.118(c)(1). BOEM will send you a written response
either affirming or reversing the rejection.
The procedures for appealing adverse final decisions with respect
to lease sales are described in 30 CFR 585.118(c).
Protection of Privileged or Confidential Information
BOEM will protect privileged or confidential information that is
submitted as required by the Freedom of Information Act (FOIA).
Exemption 4 of FOIA applies to trade secrets and commercial or
financial information that is privileged or confidential. If you wish
to protect the confidentiality of such information, clearly mark it and
request that BOEM treat it as confidential. BOEM will not disclose such
information, except as required by FOIA. Please label privileged or
confidential information ``Contains Confidential Information'' and
consider submitting such information as a separate attachment.
However, BOEM will not treat as confidential any aggregate
summaries of such information or comments not containing such
information. Additionally, BOEM may not treat as confidential the legal
title of the commenting entity (e.g., the name of a company).
Information that is not labeled as privileged or confidential will be
regarded by BOEM as suitable for public release.
Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-
3(a))
BOEM is required, after consultation with the Secretary of the
Interior, to withhold the location, character, or ownership of historic
resources if it determines that disclosure may, among other things,
cause a significant invasion of privacy, risk harm to the historic
resources or impede the use of a traditional religious site by
practitioners. Tribal entities and other interested parties should
designate information that they wish to be held as confidential.
Dated: November 30, 2013.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy Management.
[FR Doc. 2013-29977 Filed 12-17-13; 8:45 am]
BILLING CODE 4310-MR-P