Current through Register Vol. 50, No. 9, September 20, 2024
A.
Interested registered parties shall submit sealed bids on the entirety of the
state tract nominated and advertised as offered for an AESL to the board,
through OMR, in the form it requires by the bid submission deadline (no later
than 12 p.m. Central Time on the Tuesday immediately prior to the Wednesday
board lease sale at which the tracts are offered, unless otherwise noticed).
Each bid shall be accompanied by any other documentation and/or information
required.
B. Only those bidders who
are registered prospective leaseholders with OMR as set forth under
§930 of this Chapter shall be allowed to
bid on tracts for the purpose of obtaining an AESL from the state.
C. A party interested in bidding on a state
tract for an AESL shall prepare a bid package that includes the items listed
below. The bidder shall place all of the items required to be included in the
bid package in an envelope, completely seal the envelope, write the official
tract number on the outside of the envelope, and notate the following on the
outside of the envelope: "Sealed Bid for State AESL is Enclosed". This envelope
should include:
1. an official bid form
available from OMR. Provide one original signed paper copy only;
2. a summary of experience including, at a
minimum, the number of years of the bidding partys experience in the
development and production of the specified alternative energy source and
project descriptions. Experience with the specific AESP involving government
lands and water bottoms shall be specified;
3. the proposed bid package shall set forth
the following:
a. a summary of the overall
business plan of the proposed alternative energy source development, including
size of operation, development costs, marketing of the project, market prices,
and status of a power purchase agreement;
b. a summary of the overall specified AESP,
including status of site control (progress with leasing and/or permitting other
properties within the entire AESP boundaries) and application process with the
transmission provider, as well as a time frame for the project to become
operational;
c. a summary of the
alternative energy source development proposed on the state lands or water
bottoms sought to be leased, including a plat, the layout of the specified
alternative energy source power and transmission facilities, proposed
alternative energy source equipment information (size, location, number, type
and depth of installation, turbine make, and nameplate power production
capacity), placement information of equipment, and whether the alternative
energy source will be affixed to existing platforms or state owned structures
or will there be a necessity to construct new platforms, selection criteria
used, and supporting infrastructure;
d. the status and timeline of the major
milestones in the AESP development, production, and decommissioning;
e. the name of the company that will operate
the AESP and its relationship, if any, to the applicant;
f. a summary of the expected revenue and cash
flow for the AESP on state lands or water bottoms, including a detailed list of
assumptions;
g. the measures
proposed to reduce risk to the state, including, but not limited to, a summary
of compliance with any and all standards established by state, national and
international agencies, institutes, commissions or associations and any other
entity responsible for establishing the alternative energy source industry
standards. Standards for the alternative energy source development/operations
include, but are not limited to, turbine safety and design, power performance,
noise/acoustic measurement, mechanical load measurements, blade structural
testing, power quality, and siting;
h. a summary of how the AESP will ensure the
viability of the state's natural resources, including, but not limited to,
fish, wildlife and botanical resources, provide a continuing energy source for
the citizens and businesses of Louisiana, promote economic development through
job retention and creation in the state, and promote a clean and lasting
environment;
i. a summary of how
the use of state lands or water bottoms for the development and production of
the alternative energy source will be coordinated with other users of state
lands or water bottoms, including the operation of ports, harbors, or terminal
districts, shipping and recreational interests, dredging operations, and
navigation safety;
j. a summary of
contingency plans and emergency shut down procedures to be followed, including
the circumstances to initiate such procedures, in the event of danger or damage
to life, water craft or facilities as a result of collision, dredging,
anchorage, search and rescue operations, or unforeseen events;
k. a summary of the procedure for
installation, recovery and repair of damaged turbines and equipment with
minimal impact to navigation, shipping and recreational interests;
l. any other additional information required
pursuant to
§921 of this Chapter;
4. a comprehensive summary of all
environmental issues including, but not limited to, the environmental impact
resulting from the construction, placement, operation and removal of the
alternative energy sources facilities and equipment necessary for the
development and production of the alternative energy source, and the steps
proposed to minimize the environmental impact, along with any supporting
environmental impact documentation.;
5. a list of project participants who are or
will be participating in the planning, development, construction, operation,
maintenance, remediation, and/or decommission phases of the proposed project,
and a brief description of each participants role;
6. a summary of project financing which shall
include, at a minimum, identification of the sources of financing and a
discussion of financing;
7. a list
of governmental entities, including each federal, state, parish and local
governmental entity having jurisdiction in the nomination area, including the
name of the contact person, his/her title, office address, telephone and fax
numbers, and email address, as well as the type of legal authority, if any,
acquired or to be acquired from the governmental entity;
8. a summary of all study results, including
copies of the complete final study reports and all study data acquired by the
applicant, in a format agreeable to OMR, for all studies conducted by the
applicant, for the area described in the lease application;
9. a summary detailing the projects impact
and mitigation required to protect the historical and archaeological resources
of the area.
D. The
applicant shall deliver the sealed bid package to the board, through OMR, by
either hand-delivery or traceable delivery service. The sealed bid package must
be physically in the possession of appropriate OMR personnel by the bid
submission deadline (generally no later than 12 p.m. Central Time on the
Tuesday immediately prior to the Wednesday board lease sale at which the tracts
are offered unless otherwise noticed).
E. Once a bid is submitted, it may not be
withdrawn or cancelled. The board is not obligated to accept a bid. Bid
acceptance or rejection is at the sole discretion of the board who reserves the
right to reject any and all bids or to grant an AESL on any portion of the
state tract advertised and to withdraw the remainder of the tract.
F. When two or more parties submit a joint
bid, the parties shall designate the undivided percent interest of each party
on the official bid form. The interests, so designated, shall be stipulated in
any lease that may be awarded. Failure to designate the undivided percent
interest of each joint bidder shall result in the board assigning equal
interests to each bidder.
G. When
two or more parties submit a joint bid, the parties shall designate on the
official bid form, as well as on a separate form, the name of the principal
AESL lessee, who shall be authorized to act on behalf of all co-lessees,
including, but not limited to, the authority to release. The principal AESL
lessee shall be stipulated in any lease that may be awarded.
H. A bid for an AESL shall exclude all rights
not specifically granted in any AESL subsequently awarded.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:124.
