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The Tidal Power Commission re-mandate into The Renewable Energy Commission

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A decision made 18 April 2011:

Decision Reference:  MD-PE-2011-0043

Decision Summary Title

Renewable Energy Commission

Date of Decision Summary:

13th April 2011

Decision Summary Author:

 

Director of Environmental Policy

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title

The establishment and terms of reference of the Tidal Power Commission

Date of Written Report:

13th April 2011

Written Report Author:

Director of Environmental Policy

Written Report :

Public or Exempt?

 

Public

Subject: Re-mandate ‘The Tidal Power Commission’ into ‘The Renewable Energy Commission’.

Decision(s):

 

1. In May 2009 (MD-PE-2009-0093), the Minister for Planning and Environment established the first phase of a ‘Tidal Power Commission’ to produce recommendations to the Minister in respect of a fully mandated Tidal Power Commission.

 

2. The Tidal Power Commission reported their finding to the Minister in January 2011 and a key recommendation was to extend their work into a second phase with an extended remit to investigate renewable energy resources additional to tidal power. The Minister agreed this and now re-mandates the Commission and sets its scope, terms and working arrangements.

 

3. For continuity, the membership will continue to comprise: Constable Dan Murphy (Chairman); Sir Nigel Broomfield; Alick McIntosh; Mike Liston but the Commission will have the discretion to call upon the assistance of others with appropriate expertise as they see fit.

 

3. Officer support will be from William Peggie (Deputy Chief Officer) and Louise Magris (Director of Environmental Policy)

 

4. There is no budget attaching to this work but the group can discuss the need to commission any further external work with the Environment Director.

 

5. The Terms of Reference for the Renewable Energy Commission are:

 

By the end of 2013, working with appropriate key stakeholders and other States Departments  carry out the following tasks:

 

  1. Extend the remit of newly mandated Renewable Energy Commission to include exploring the feasibility of other utility scale (i.e. >3MW) renewable energy opportunities for Jersey for example off-shore wind;
  2. Continue discussions with the UK and Europe to resolve the eligibility of Jersey to access renewable energy feed-in tariffs and/or other subsidies;
  3. Continue work with the Economic Development Department and other appropriate stakeholders to explore other potential funding routes for a utility scale project for example co-operative ownership;
  4. Continue, strengthen and, where possible, formalise relationships with other Channel Islands in respect of renewable energy opportunities in the whole Channel Island region for mutual benefit;
  5. Resolve leasing arrangements between the States of Jersey and the Crown;
  6. Draft renewables energy legislation to regulate, licence and consent for the extraction of renewable energy and lodge for States debate;
  7. Develop a practical consenting framework including a space use framework;
  8. Continue to actively engage with the British Irish Council (Environment) Renewables sub-group attended by officers from the Planning and Environment Department and represented by the Minister or Assistant Minister for the Environment;
  9. Consider (and ultimately bring to the States for approval) commercialisation strategies including synergies with other Channel Islands and Europe / UK.

 

Reason(s) for Decision:

To continue the work stream that will deliver the recommendations of the ‘Tidal Power Steering Group’ (convened under MD-PE-2008-0153) and ‘Tidal Power Commission’ (convened under MD-PE-2009-0093) in respect of the future opportunities for Jersey to exploit utility scale renewable energy. This is in line with the stated goal of energy policy for Jersey (as recommended in the Energy Green Paper ‘Fuel for Thought?’) to achieve ‘secure, affordable and sustainable energy’ as well as the Strategic Plan 2009-2014 Objective 13 ‘…assessing whether the island’s natural resources could be a future sustainable source of energy’.

 

Resource Implications:

None

Action required:

The Director for Environment to communicate the terms of reference to the group’s members.

 

Signature:

 

 

Senator F E Cohen

Position:

 

 

Minister

Date Signed:

 

 

Date of Decision

 

The Tidal Power Commission re-mandate into The Renewable Energy Commission

Department of the Environment

 

ENVIRONMENT DIVISION

 

Renewable Energy Commission

(Public)

 

Purpose of the Report

 

To re-mandate the existing ‘Tidal Power Commission’ into a ‘Renewable Energy Commission’ by extending its terms of reference and scope in order that further feasibility work can be carried out on the potential for Jersey to exploit its offshore renewable energy.

 

Background

 

In January 2011 the Tidal  Power Commission completed its first phase of work (as mandated under MD-PE-2009-0093) to carry out a feasibility study in respect of the development of utility scale tidal power for Jersey and make recommendations to the Minister for Planning and Environment.

 

Whilst a detailed feasibility study has shown there is good reason to be optimistic about the size of the tidal power resource around Jersey, tidal stream technology in still an emerging technology and its exploitation is a long term proposition.

 

Furthermore, Jersey has good potential for exploiting other renewable energies such as wind and tidal range but more work is required to understand the economic feasibility and other challenges associated with these possibilities.

 

Any specific project of whichever technology will need to be decided upon by the States of Jersey in due course. However, there are a number of key ‘technology-blind’ steps to be put in place first and the work of the Tidal Power Commission has begun many of these in respect of tidal technologies.

 

However, the recent recommendations to the Minister provide a convenient opportunity for the group to extend its mandate beyond simply tidal technologies. A number of work areas now need to be developed and drawn to a conclusion so the States are ready to move forward at the appropriate time when a decision is reached in respect of the renewable energy of choice and potential specific projects.

 

The Recommendations of the Tidal Power Commission to the Minister for Planning and Environment

 

The following summarises the key recommendations that have been made to the Minister by the Tidal Power Commission:

 

The Minister for Planning and Environment reconstitutes the members of the Tidal Power Commission and mandates them as the Renewable Energy Commission to carry out the following workstreams. These workstreams can be continued within the Planning and Environment Department in conjunction where appropriate, with the Economic Development Department, Jersey Electricity plc and other stakeholders under the guidance of the Renewable Energy Commission. These comprise:

1. Financing options

Financing any renewable energy project in the absence of governmental subsidy remains a key challenge to extract the Islands renewable energy resources. The ongoing dialogue should be continued to ascertain whether Jersey might be eligible for financial incentives such as Feed-in-Tariffs from, most obviously, the European Continent, but also the UK. If Jersey is not eligible for such assistance it will constrain the speed at which renewable energy might be developed unless alternative funding can be found.

2. Environmental Consenting, legal framework

Terms and conditions in respect of the lease of the sea bed to the 12 mile limit should be resolved between the States of Jersey and the Crown in the right of Jersey i.e. the Duchy of Normandy as represented by the office of Her Majesty’s Receiver General. The conclusion of these investigations will inform the drafting of a Renewable Energies Law for ultimate consideration by the States of Jersey.

The uncertainties in terms of generic environmental issues, consenting, leasing requirements and associated costs of energy extraction should be removed. Good progress has been made through the draft Island Plan (P48/2011 lodged for debate 21-06-11) where policies NR4 and NR5 ensure that the environmental and social aspects of any project are rigorously and transparently tested.

Scoping work for a generic Environmental Impact Assessment has been initiated with key concerns raised around the robustness of baseline environmental data and stakeholder engagement in particular with economic activities such as the fisheries industry.

The initial (pre-scoping) assessment indicates that an Environmental Impact Assessment will be a significant and costly piece of work (c£600k) but it is acknowledged to be an essential part of the process of an application. However, it is not currently considered to progress this at this early stage since it is likely to be made the responsibility of any developer who is required under the Planning and Building (Environmental Impact) (Jersey) Order 2006 to accompany a planning application with such an assessment.

3. Joint Channel island co-operation

There is potential for great benefit if the individual Channel Islands work together in respect of developing renewable energy installations in their waters where there is potential for the achievement of mutually beneficial goals. Particularly important is the parallel development of legislation and consenting regimes across the Islands. This will ensure that the Islands present a coherent and robust framework for the extraction of renewable energy in line with jurisdictions that they may wish to market to.

The ongoing work with the other Channel Islands should be strengthened and formalised using the existing officer network of the Channel Islands Renewable Energy Forum and any other appropriate forum that may develop.

 

Scope of work

 

The Minister for Planning and Environment re-mandates the existing members of the Tidal Power Commission as the Renewable Energy Commission, with appropriate key stakeholders and other States Departments, to carry out the following tasks to be completed by the end of 2013:

  1. Extend the remit of newly mandated Renewable Energy Commission to include exploring the feasibility of other utility scale (i.e. >3MW) renewable energy opportunities for Jersey for example off-shore wind;
  2. Continue discussions with the UK and Europe to resolve the eligibility of Jersey to access renewable energy feed-in tariffs and/or other subsidies;
  3. Continue work with the Economic Development Department and other appropriate stakeholders to explore other potential funding routes for a utility scale project for example co-operative ownership;
  4. Continue, strengthen and, where possible, formalise relationships with other Channel Islands in respect of renewable energy opportunities in the whole Channel Island region for mutual benefit;
  5. Resolve leasing arrangements between the States of Jersey and the Crown;
  6. Draft renewables energy legislation to regulate, licence and consent for the extraction of renewable energy and lodge for States debate;
  7. Develop a practical consenting framework including a space use framework;
  8. Continue to actively engage with the British Irish Council (Environment) Renewables sub-group.
  9. Consider (and ultimately bring to the States for approval) commercialisation strategies including synergies with other Channel Islands and Europe / UK.

 

Terms, membership and working arrangements

 

For continuity, the membership will continue to comprise: Constable Dan Murphy (Chairman); Sir Nigel Broomfield; Alick McIntosh; Mike Liston but the Commission will have the discretion to call upon the assistance of others with appropriate expertise as they see fit.

Officer support will be from William Peggie (Director for Environment) and Louise Magris (Director of Environmental Policy)

There is no budget attaching to this work but the group can discuss the need to commission any further external work with the Environment Director.

 

Recommendation

 

The Minister is asked to agree the outlined re-mandating of the Tidal power Commission into the Renewable Energy Commission and approve its scope, terms, membership and working relationship
.

Written by:

Director of Environmental Policy

 

 

Approved by: 

Director for Environment

 

 

 

Decision ref: MD-PE-20011-0043

 

11th April 2011

 

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