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Does America actually need the renewable energy source to hit its decarbonization goals by 2030?
The Biden administration wants 30 gigawatts of offshore wind power capacity by the end of the decade and East Coast states have taken it upon themselves to do much of the work to get there. But as wind projects up and down the East Coast face problems — developers threatening to pull the plug unless they get more subsidies, higher costs, supply chain issues, local opposition, and possibly astroturfed concerns about whales — experts have questioned whether this goal can really be hit.
But it may not even be necessary to substantially decarbonize the American economy — or at least not by 2030.
The recent stream of news about offshore wind has been bad. Developers up and down the East Coast have been asking states for more money in order to continue deals they struck years ago, citing higher costs throughout the supply chain. A recent auction for offshore wind rights in the Gulf of Mexico was almost a total flop, with only two companies participating in the bidding.
The Danish wind developer Orsted said a few weeks ago that three of its U.S. offshore wind projects were “adversely impacted by a handful of supplier delays” and that “there is a continuously increasing risk in these suppliers’ ability to deliver on their commitments and contracted schedules,” adding up to a lengthening timeline and increased costs that could lead to billions of dollars of write-offs.
The company’s chief executive Mads Nipper, who is in a standoff with the Biden administration over its eligibility for further subsidies, has said they are willing to “walk away” from wind projects. The company said that its Ocean Wind 1 project, planned for the New Jersey coast, would be delayed from 2025 to 2026.
So what happens if offshore wind doesn’t materialize at the level once expected?
There are any number of reports and projections showing how the United States can transition to 100% carbon-free electricity and even a whole economy that contributes net zero greenhouse gas emissions, and they’re typically less optimistic about offshore wind than the Biden administration. Princeton’s Net-Zero America Project, for instance, forecast offshore wind capacity would be between three and 10 gigawatts by 2030 in five scenarios for reaching zero emissions by midcentury. It largely sees additional onshore wind and solar making up the difference.
In fact, the government’s own forecasts don’t really envision the U.S. hitting the 30 gigawatt figure either. The National Renewable Energy Lab’s analysis of how to reach 100% carbon-free electricity by 2035, which is the Biden administration’s nominal goal, projects that in the “mid-range” case, offshore wind production would hit 24 gigawatts by 2030. Both the Net-Zero Project and the NREL foresee massive offshore wind installation, just on a slower timeline than the administration.
“The 30 GW by 2030 offshore wind goal is definitely still within striking distance, thanks in part to investments like the Inflation Reduction Act and Bipartisan Infrastructure Law , as well as state-level policies,” Jocelyn Brown-Saracino, the Department of Energy's Wind Energy Lead, said in an emailed statement. “The actual size and speed of U.S. offshore wind build-out will depend on continued regulatory efficiency, the availability of installation vessels and port infrastructure, proactive onshore and offshore grid planning and upgrades, the successful commercialization of 15-MW wind turbine platforms, and sustained market demand. DOE and other federal agencies are working on a number of initiatives to accelerate efforts in these areas.”
And, at least until we build the grid of our dreams, eastern seaboard states need to get carbon-free energy from somewhere. They have collectively set goals for some 50 gigawatts of offshore wind capacity over the coming decades. In the Northeast especially, the desire for large amounts of offshore wind generation reflects a combination of ambition to decarbonize the states’ electricity systems and lack of other politically palatable options. New York, for instance, shut down its Indian Point nuclear power plant in 2021, taking 2,000 megawatts of carbon-free power off the grid, with the promise that offshore wind would soon replace it. It hasn’t yet.
Those states are not in the wind corridor that is the Great Plains or the sunny expanse of the Southwest. While residential and business solar has been more widespread than anticipated in New England, offshore wind has consistently been the energy source that was promised from the New York Bight to the Gulf of Maine.
And it makes sense why. The East Coast’s population centers are, well, near the coast, meaning the Atlantic’s shallow and windy waters an attractive option for energy development. And by building offshore, these states can avoid grueling fights over land use that accompany wind farm developments in rural areas far from where most of the states’ residents actually live. Offshore wind can also complement solar, as winds can pick up in the afternoon and evening as solar power falls off.
This has all added up to an odd situation, where the country’s immediate goals for decarbonization may actually be overserved by ambitious development plans that, as of now, seem to be imperiled.
According to the Department of Energy, over 50 gigawatts of offshore wind is in the so-called pipeline, but there are only a few projects that have been approved or are under construction.
“The Biden-Harris administration is using every legally available tool to advance American offshore wind opportunities and achieve the goal of 30 GW by 2030, including by approving the nation’s first major offshore wind projects and leveraging historic resources from the President’s Investing in America agenda to support offshore wind infrastructure and supply chain buildout,” White House spokesperson Michael Kikuawa said in an email when asked about the 30 gigawatt target.
BloombergNEF recently marked down its own projection for offshore wind capacity by the end of decade to just over 23 gigawatts of offshore wind capacity by 2030.
In New York, New Jersey, Massachusetts, and Connecticut, out of 13 gigawatts of planned offshore wind, developers for 10 gigawatts of it are seeking to get their contracts amended.
“Never say never,” Allegra Dawes, an associate fellow at the Center for Strategic and International Studies, responded when I asked if these state targets — or the national target — were plausible. “I wouldn’t say they’re impossible. They’re highly unlikely at state level and federal level.”
In those four states, which Dawes said were the furthest along in their planning (the Vineyard Wind project in Massachusetts is actually under construction), the current wrangling over contracts could end up delaying everything.
“Even if that means those projects don’t get cancelled, there will be significant delays,” Dawes told me. “Those delays add up. We’re talking about a short amount of time until 2030 and that pushes back the entire timeline.”
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A conversation with Scott Cockerham of Latham and Watkins.
This week’s conversation is with Scott Cockerham, a partner with the law firm Latham and Watkins whose expertise I sought to help me best understand the Treasury Department’s recent guidance on the federal solar and wind tax credits. We focused on something you’ve probably been thinking about a lot: how to qualify for the “start construction” part of the new tax regime, which is the primary hurdle for anyone still in the thicket of a fight with local opposition.
The following is our chat lightly edited for clarity. Enjoy.
So can you explain what we’re looking at here with the guidance and its approach to what it considers the beginning of construction?
One of the reasons for the guidance was a distinction in the final version of the bill that treated wind and solar differently for purposes of tax credit phase-outs. They landed on those types of assets being placed in service by the end of 2027, or construction having to begin within 12 months of enactment – by July 4th, 2026. But as part of the final package, the Trump administration promised the House Freedom Caucus members they would tighten up what it means to ‘start construction’ for solar and wind assets in particular.
In terms of changes, probably the biggest difference is that for projects over 1.5 megawatts of output, you can no longer use a “5% safe harbor” to qualify projects. The 5% safe harbor was a construct in prior start of construction guidance saying you could begin construction by incurring 5% of your project cost. That will no longer be available for larger projects. Residential projects and other smaller solar projects will still have that available to them. But that is probably the biggest change.
The other avenue to start construction is called the “physical work test,” which requires the commencement of physical work of a significant nature. The work can either be performed on-site or it can be performed off-site by a vendor. The new guidance largely parrotted those rules from prior guidance and in many cases transferred the concepts word-for-word. So on the physical work side, not much changed.
Significantly, there’s another aspect of these rules that say you have to continue work once you start. It’s like asking if you really ran a race if you didn’t keep going to the finish line. Helpfully, the new guidance retains an old rule saying that you’re assumed to have worked continuously if you place in service within four calendar years after the year work began. So if you begin in 2025 you have until the end of 2029 to place in service without having to prove continuous work. There had been rumors about that four-year window being shortened, so the fact that it was retained is very helpful to project pipelines.
The other major point I’d highlight is that the effective date of the new guidance is September 2. There’s still a limited window between now and then to continue to access the old rules. This also provides greater certainty for developers who attempted to start construction under the old rules after July 4, 2025. They can be confident that what they did still works assuming it was consistent with the prior guidance.
On the construction start – what kinds of projects would’ve maybe opted to use the 5% cost metric before?
Generally speaking it has mostly been distributed generation and residential solar projects. On the utility scale side it had recently tended to be projects buying domestic modules where there might have been an angle to access the domestic content tax credit bonus as well.
For larger projects, the 5% test can be quite expensive. If you’re a 200-megawatt project, 5% of your project is not nothing – that actually can be quite high. I would say probably the majority of utility scale projects in recent years had relied on the manufacturing of transformers as the primary strategy.
So now that option is not available to utility scale projects anymore?
The domestic content bonus is still available, but prior to September 2 you can procure modules for a large project and potentially both begin construction and qualify for the domestic content bonus at the same time. Beginning September 2 the module procurement wouldn’t help that same project begin construction.
Okay, so help me understand what kinds of work will developers need to do in order to pass the physical work test here?
A lot of it is market-driven by preferences from tax equity investors and tax credit buyers and their tax counsel. Over the last 8 years or so transformer manufacturing has become quite popular. I expect that to continue to be an avenue people will pursue. Another avenue we see quite often is on-site physical work, so for a wind project for example that can involve digging foundations for your wind turbines, covering them with concrete slabs, and doing work for something called string roads – roads that go between your turbines primarily for operations and maintenance. On the solar side, it would be similar kinds of on-site work: foundation work, road work, driving piles, putting things up at the site.
One of the things that is more difficult about the physical work test as opposed to the 5% test is that it is subjective. I always tell people that more work is always better. In the first instance it’s likely up to whatever your financing party thinks is enough and that’s going to be a project-specific determination, typically.
Okay, and how much will permitting be a factor in passing the physical work test?
It depends. It can certainly affect on-site work if you don’t have access to the site yet. That is obviously problematic.
But it wouldn’t prevent you from doing an off-site physical work strategy. That would involve procuring a non-inventory item like a transformer for the project. So there are still different things you can do depending on the facts.
What’s your ultimate takeaway on the Treasury guidance overall?
It certainly makes beginning construction on wind and solar more difficult, but I think the overall reaction that I and others in the market have mostly had is that the guidance came out much better than people feared. There were a lot of rumors going around about things that could have been really problematic, but for the most part, other than the 5% test option going away, the sense is that not a whole lot changed. This is a positive result on the development side.
And more of the week’s most important news around renewable energy conflicts.
1. Carroll County, Arkansas – The head of an influential national right-wing advocacy group is now targeting a wind project in Arkansas, seeking federal intervention to block something that looked like it would be built.
2. Suffolk County, New York – EPA Administrator Lee Zeldin this week endorsed efforts by activists on Long Island to oppose energy storage in their neighborhoods.
3. Multiple counties, Indiana – This has been a very bad week for renewables in the Sooner state.
4. Brunswick County, North Carolina – Duke Energy is pouring cold water on anyone still interested in developing offshore wind off the coast of North Carolina.
5. Bell County, Texas – We have a solar transmission stand-off brewing in Texas, of all places.
Is there going to be a flight out of Nevada?
Donald Trump’s renewables permitting freeze is prompting solar companies to find an escape hatch from Nevada.
As I previously reported, the Interior Department has all but halted new approvals for solar and wind projects on federal lands. It was entirely unclear how that would affect transmission out west, including in the solar-friendly Nevada desert where major lines were in progress to help power both communities and a growing number of data centers. Shortly after the pause, I took notice of the fact that regulators quietly delayed the timetable by at least two weeks for a key line – the northern portion of NV Energy’s Greenlink project – that had been expected to connect to a litany of solar facilities. Interior told me it still planned to complete the project in September, but it also confirmed that projects specifically necessary for connecting solar onto the grid would face “enhanced” reviews.
Well, we have the latest update in this saga. It turns out NV Energy has actually been beseeching the Federal Energy Regulatory Commission to let solar projects previously planned for Greenlink bail from the interconnection queue without penalty. And the solar industry is now backing them up.
In a July 28 filing submitted after Interior began politically reviewing all renewables projects, NV Energy requested FERC provide a short-term penalty waiver to companies who may elect to leave the interconnection queue because their projects are no longer viable. Typically, companies are subject to financial penalties for withdrawals from the queue, a policy intended to keep developers from hogging a place in line with a risky project they might never build. Now, at least in the eyes of this key power company, it seems Trump’s pause has made that the case for far too many projects.
“It is important that non-viable projects be terminated or withdrawn so that the queue and any required restudies be updated as quickly as possible,” stated the filing, which was first reported by Utility Dive earlier this week. NV Energy also believes there is concern customers may seek to have their deals for power expected from these projects terminated under “force majeure" clauses, and so “the purpose of this waiver request is thus to both clear the queue to the extent possible and avoid unneeded disputes.”
On Monday, the Solar Energy Industries Association endorsed the request in a filing to the commission made in partnership with regional renewable trade group Interwest Energy Alliance. The support statement referenced both the recent de facto repeal of IRA credits as well as the permitting freeze, stating it now “appears that federal agency review staff are unsure how to proceed on solar projects.” This even includes projects on private lands, a concern first raised by Nevada Gov. Joe Lombardo, a Republican, after the permitting freeze came into effect.
The groups all but stated they anticipate companies will pull the plug on solar projects in Nevada, proclaiming that by granting the waiver, “it will encourage projects facing uncertainty due to recent legislation and federal action to exit the process sooner and without penalty, creating more certainty for the remaining projects.”
How this reads to me: Energy developers are understandably trying to figure out how to skate away from this increasingly risky situation as cleanly as they can. It’s anybody’s guess if FERC is willing to show lenience toward these developers.