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Atlantic City Offshore needs Casino gaming authorisation?

4C Offshore | Chris Anderson
By: Chris Anderson 11/02/2015 4C Offshore
A bizarre twist in the State of New Jersey USA Senate has led to a bill being proposed that could force the Board of Public utilities to approve an "offshore qualified wind energy project" in territorial waters of a municipality where Casino gaming is authorised. It is seen as a manoeuvre clear a path for FISHERMEN'S ENERGY ATLANTIC CITY WINDFARM project. This project has received government backing when in May 2014 Fishermen’s Energy was awarded $47 million in funding from the US Department of Energy.

Fishermens Energy and the Board of Public Utilities (BPU) have been in a 3 year wrangle, at times spilling into the courts, over the Atlantic City windfarm project.  The Board of Public Utilities (BPU) will not approve the project citing the costs are too high.  Fishermen’s Energy have appealed the BPU decision,  leading to an August 2014 appellate court ruling in Fishermen’s favour who told the BPU to recognize the fact that the project now had substantial Federal funding, however the BPU has so far failed to accept this.  The $188 million project of 25 MW comprises of 5 turbines, 2.8 miles off shore, in approximately 12M water depth (For interactive map of project click this link).

The Bill has been Proposed by Senators BOB SMITH (District 17  - Middlesex and Somerset) and JIM WHELAN (District 2 - Atlantic) and has been passed in a vote 21 for 15 against and received into the Assembly and has currently been referred to Assembly Telecommunications and Utilities Committee.  It now needs just their acceptance and the State Governor.

Previously Paul Gallagher, Fishermen’s COO and General Counsel has stated “New Jersey has the best offshore wind legislation in the country, the US Department of Energy has recognized Fishermen’s project as an industry leader, and it is time for the State Government to fulfil the promise of offshore wind in New Jersey and launch the investment, the jobs, and the economic development that is waiting to be unleashed, in Atlantic City."

This bill would require the Board of Public Utilities to approve a qualified wind energy project that is located in territorial waters offshore of a municipality in which casino gaming is authorized as provided in section 4 of P.L.2010, c.57 (C.48:3-87.2). The bill would also remove the requirements that (1) the entity seeking to construct the project prepare and submit a cost-benefit analysis to the board, and (2) the board's approval of the project depend in part upon the results of a cost-benefit analysis.

The bill text as follows

Department of Environmental Protection,

Section 4 of P.L.2010, c.57 (C.48:3-87.2) is amended to read 8 as follows:

The board [may] shall approve, subject to the project 10 obtaining the necessary permits, approvals, and authorizations from the Department of Environmental Protection, a qualified wind  energy project located in territorial waters offshore of a municipality in which casino gaming is authorized, and authorize offshore wind renewable energy certificates for that project.

Any such project shall be a nominal 20 megawatts and no more than 25 megawatts in nameplate capacity and comply with the requirements set forth in section 3 of P.L.2010, c.57 (C.48:3-87.1), except that the entity seeking to construct the project shall not be required to prepare and submit a cost-benefit analysis for the project pursuant to paragraph (10) of subsection a. of section 3 of P.L.2010, c.57 (C.48:3-87.1) and the provisions of subparagraph (b) of paragraph (1) of subsection b. of section 3 of P.L.2010, c.57 (C.48:3-87.1) shall not apply to the project. (cf: P.L.2010, c.57, s.4)

This act shall take effect immediately.


For interactive map of project click this link

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