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Solar Energy Projects On Public Land Plagued By Delays

JASON DEAREN   09/ 1/10 10:51 AM ET   AP

Solar Energy Blm
File-This Sept.3, 2008 file photo shows high-voltage power lines cross adjacent to the proposed location of three BrightSource Energy solar-energy generation complexes in the eastern Mojave Desert several miles from an old mining and railroad townsite called Ivanpah, Calif. The casino-resort area of Primm, Nev., is seen in the distance. The Oakland, Calif.-based BrightSource Energy has been pushing for more than two years for permission to erect 400,000 mirrors on the site to gather the sun's en

ROACH DRY LAKE, Nev. — Not a light bulb's worth of solar electricity has been produced on the millions of acres of public desert set aside for it. Not one project to build glimmering solar farms has even broken ground.

Instead, five years after federal land managers opened up stretches of the Southwest to developers, vast tracts still sit idle.

An Associated Press examination of U.S. Bureau of Land Management records and interviews with agency officials shows that the BLM operated a first-come, first-served leasing system that quickly overwhelmed its small staff and enabled companies, regardless of solar industry experience, to squat on land without any real plans to develop it.

At a time when the nation drills ever deeper for oil off its shores even as it tries to diversify its energy supply, the federal government has, so far, failed to use the land it already has – some of the world's best for solar – to produce renewable electricity.

Nowhere is this more evident than in Nevada, where a Goldman Sachs & Co. subsidiary with no solar background has claims with the BLM on nearly half the land for which applications have been filed, but no firm plan for any of the sites.

The Obama administration says it is expediting the most promising projects, with some approvals expected as soon as September. And yet, it will be years before the companies begin sending electricity to the Southwest's sprawling, energy-hungry cities.

"Clearly we spent a lot of time and effort on oil and gas, but those priorities have changed," Ray Brady, BLM's head of energy policy in Washington, told the AP.

Congress in 2005 gave the Interior Department a deadline: approve 10,000 megawatts, or about five million homes' worth during peak hours, of renewable energy on public lands by 2015. Reaching that goal was left to the BLM, which oversees federal land and knows oil, gas and mining leases but is new to solar.

The Bush administration, however, kept BLM's focus on oil. BLM's database of solar applications shows many languished for years while the agency approved more than 73,000 oil and gas leases in the last five years. BLM has yet to give final approval to one solar lease.

BLM's solar leasing system ended up allowing developers to lay claim to prime sites – many located in the deserts that span California, Nevada and Arizona. All developers had to do was fill out an application, pay a fee and file development plans.

But many were so vague that it was difficult for BLM to separate the serious projects from the speculative ones.

"People were making (solar) applications on federal lands not knowing what kind of technology to propose and ... how to develop the land," Brady said.

In the Southern California desert near Palm Springs, for example, San Diego-based LightSource Renewables filed an application in August 2008 for 2,500 acres, BLM records show. The small, two-person development firm knew enough to recognize the land's worth – it was close to transmission lines – but had no previous experience with such projects.

Co-founder Paul Whitworth said it is now focusing on getting private land, and is not pursuing plans for its BLM site. The agency, however, still considers the application active, meaning other interested firms cannot access it.

"We don't know what technology will win or lose, and certain sites cater to certain technologies, but a good site is a good site," Whitworth said when asked why they filed their application. The firm has never filed a development plan, records show.

While dozens of smaller firms like Lightsource joined in the rush, BLM records show two Goldman subsidiaries filed 52 of the 354 applications throughout the region, more than any other company.

"Those 52 applications are an example of the problem of clogging up the system," said V. John White, executive director the Sacramento, Calif.-based Center for Energy Efficiency and Renewable Technologies, a clean-energy advocacy group, in an e-mail. The system has limited access by experienced solar developers to the best sites.

"Some of these lease applications tied up more land than would be needed for a real project," he said.

For example, records show Goldman-owned Cogentrix Solar Services, LLC, the subsidiary with no previous solar experience, has a pending application for 13,440 acres in Nevada for a 1,400-megawatt solar plant. Another claim on land nearby asks for 22,400 acres for the exact, same-sized plant.

BLM records show other companies proposing the same type of solar plants were asking for 6,000-7,000 acres.

Over the years, BLM rejected applications or companies withdrew them, bringing the total active applications to 123.

Some of Goldman's California applications were withdrawn after U.S. Sen. Dianne Feinstein proposed last year that part of the Mojave Desert where some of the projects were proposed be declared a national monument. Now Goldman holds 10 of the 123, including eight that cover nearly half the land proposed for solar in Nevada.

An AP review of BLM's applications database found Cogentrix has staked more development claims in the Southwestern deserts than any other company. In Nevada alone, Cogentrix has applied for exclusive development rights on nearly as much federal land as all other companies combined. Its active lease applications cover about 120,000 acres – the equivalent of more than eight Manhattans.

"Goldman Sachs was one of the first applicants to dot the map with potential projects, and since then they haven't moved on any of them," said Gregory Helseth, the BLM's new renewable energy project manager in southern Nevada. "You can't hold the land forever. You can't be a prospector and hope somebody down the road wants to buy."

A Goldman representative defended the firm's solar investments, saying the Wall Street titan has since gained experience through its 2009 purchase of an aged solar facility in San Bernardino, Calif., that it was moving forward in good faith and was not blocking anyone. The company also announced this month it had reached a deal to build a small, 250-acre project in Colorado on private land.

"While we continue to pursue development of projects utilizing public lands in the Southwest, we have not held land reservations if they are determined not to be viable for future solar development," company spokesman Ed Canaday said in an e-mail.

The Obama Administration has identified 14 promising "fast-track" projects targeted for approval by year's end so they can qualify for stimulus funding. None of Goldman's claims are among them.

When completed, these facilities could generate 6,000 megawatts, enough electricity for several million homes during peak hours. There is a ready market for big plants, with California's strict climate change laws creating a huge demand among utilities for solar power.

Companies that hold BLM solar development applications are prohibited from selling them, but the companies themselves can be sold along with the potentially lucrative applications.

Tempe, Ariz.-based First Solar, an industry leader and a maker of solar panels, bought two smaller companies, including the companies' land rights and power agreements with utility companies. First Solar paid about $400 million for OptiSolar and $285 million for NextLight. Analysts say the sale value of both companies likely was increased because they held BLM solar development applications.

First Solar spokesman Alan Bernheimer said the acquisitions were valued on the companies' signed agreements with utilities not on their BLM land positions.

In September, at least two of the "fast-track" projects – by Oakland, Calif.-based Brightsource Energy and by First Solar-owned Nextlight – are expected to get the first solar permits issued by BLM. Bringing plants online however will likely take years.

These fast-tracked sites are located on either side of the dormant Goldman lease near Roach Dry Lake, located about 35 miles south of Las Vegas, and will utilize the same Southern California Edison transmission lines that pass over Goldman's site.

Goldman spokesman Canaday said the company is still trying to work out a deal with a utility.

And BLM's Helseth said he still is seeking final plans from Goldman and Cogentrix. He said the agency's main problem was that there were too few employees available to work on the applications.

Under Obama administration, more BLM staff like Helseth have been hired to help weed out dormant applications so developers better suited for the job can be found. Officials say the administration is trying to avoid future land rushes by identifying the best solar locations with the fewest environmental impacts, rather having a free-for-all.

Critics say BLM should have done this in the first place and help avoid years of delay.

"BLM let people file applications willy nilly wherever they wanted," said Johanna Wald, a land-use attorney with the Natural Resources Defense Council.

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ROACH DRY LAKE, Nev. — Not a light bulb's worth of solar electricity has been produced on the millions of acres of public desert set aside for it. Not one project to build glimmering solar farms...
ROACH DRY LAKE, Nev. — Not a light bulb's worth of solar electricity has been produced on the millions of acres of public desert set aside for it. Not one project to build glimmering solar farms...
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09:23 PM on 09/21/2010
Deny the Goldman Sacks Our Government applicatio­ns and sue them for fraud!
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John Mainstream
I'm a Clinton Democrat that is now an independent.
09:49 AM on 09/09/2010
The United States could easily produce 20% of its electricit­y from wind energy within 20 years. That's more than enough wind power to supply every home in the United States with clean renewable energy, at lower cost to consumers than coal or natural gas. President Obama and Nancy Pelosi need to stop blocking progress in wind energy by passing legislatio­n providing $3 Billion per year in tax credits for 20 years for wind deployment­. This would create 1.5 million jobs for 20 years.
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John Mainstream
I'm a Clinton Democrat that is now an independent.
09:43 AM on 09/09/2010
President Obama and Nancy Pelosi need to stop blocking progress on the massive deployment of wind and solar energy.
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HUFFPOST SUPER USER
spqesq
09:08 AM on 09/03/2010
This is a national disgrace.

If you think so too, please sign my petition: http://www­.ipetition­s.com/peti­tion/appro­vesolaratt­heblm/
12:04 AM on 09/02/2010
So they have up to a 30 year right to squat. And in their press response have clearly clicked off the capability showings under BLM regs. GAO please investigat­e now. Why no competitiv­e bidding to maximize public profits.

When were the goldman leases granted.

"In addition, the solar energy developmen­t right-of-w­ay grant shall include a due diligence
requiremen­t for installati­on of facilities consistent with an approved POD. If constructi­on of
solar energy facilities has not commenced within 3 years after the effective date of the grant, the
right-of-w­ay holder shall provide the BLM good cause as to the nature of any delay, evidence of
progress toward beginning constructi­on, and the anticipate­d date of start-up operations­. Failure
of the holder to comply with the due diligence provisions of the solar energy developmen­t rightof-
way grant provides the authorized officer the authority to terminate the authorizat­ion (43 CFR
2807.17)."
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John Mainstream
I'm a Clinton Democrat that is now an independent.
04:47 PM on 09/01/2010
$3 Billion in tax credits per year for 20 years would spawn private investment exceeding $240 Billion to construct enough wind turbines to provide the electricit­y needs of every home in the United States. This would create 1.5 million jobs that would last 20 years.
04:44 PM on 09/01/2010
Government wants more people to process applicatio­ns!! What a surprise!!
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John Mainstream
I'm a Clinton Democrat that is now an independent.
04:43 PM on 09/01/2010
Both Democrats and Republican­s get too much money from big oil and big coal to let renewable energy get a foot hold.
12:58 PM on 09/01/2010
It is alleged that Nikola Tesla could get energy right out of the air and it would have been free for all to have…but the bankers that he needed to fund the project could not find a place to put a meter, so it never happened…

But if that technology existed then, it still exists and needs to be brought into practice now…becaus­e like it or not sooner or later we are going to need it…
09:38 PM on 09/21/2010
Electromag­netic radiation bathes the Earth. I don't believe Tesla is "alleged" to have found a way to tap into it, I believe he did. What I do alleged is that Big Business, crushed Tesla and his genius; he died a broken and penniless man as a result.

There are many good videos online about Tesla and his work. Someday and I hope soon, we will re-discove­r Tesla's discoverie­s and the world will be free of at least one less tyrant.

I think the Gates Foundation should bankroll the project as a gift to Humanity.
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HUFFPOST SUPER USER
Steve Davis 1
moderate with convictions, techie yet curmudgeon
12:23 PM on 09/01/2010
Fix it, return sanity and competency­; there needs to be an enforcer of getting the right things done. This administra­tion isn't wrong headed; it is slow footed.
12:40 PM on 09/01/2010
From reading the article, it appears the incompeten­cy began 5 years ago and the responsibi­lity of sorting it out was on BLM, not this administra­tion. In addition, Goldman Sachs bought up a bunch of land meant for energy production and is doing nothing with it.

The administra­tion provided plan to get things moving but it is up to BLM to do the job. The administra­tion does not want to be in the solar business anymore than they want to be in the auto business

I know is the trend to blame the administra­tion for everything that goes wrong in America, but the truth is that everyone is responsibl­e for doing their own jobs correctly.
04:44 PM on 09/01/2010
BLM is part of this administra­tion!!
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
12:12 PM on 09/01/2010
All experts will tell you: solar energy should be privately-­owned, not owned by utilities.
It then competes with daytime retail energy prices, much higher than production cost.

Solar panels can be installed on rooftops, over parking lots, where the electricit­y is used.
Or in "brownfiel­ds", there is lots of unused, semi-pollu­ted land.
Not out in the desert where you have to run transmissi­on lines to it.

This is the biggest benefit of solar: little NIMBY, can be near where people live and work.

Privately owned solar steals utilities business, breaks their monopoly over energy.
That's why utilities hate solar. This whole project may have been to discredit solar.

No more solar funding for utilities, only for private businesses and homes.
Less business for the utilities is the goal. POWER TO THE PEOPLE!
HUFFPOST SUPER USER
Andrew Belcourt
02:29 PM on 09/01/2010
California offers some very large tax credits for installing solar panels and wind turbines on your home. Southern California Edison is spending billions of dollars on renewable energy right now. In particular the Sunrise Powerlink Project hooking up the wind farms from Palm Springs and the Tehachipi Renewable Transmissi­on Line project bringing on line the large wind farms in the western Mojave Desert. I understand your vehemence against utility companies but with out these large agencies working in the sector we wouldn't be really advancing the cause. SCE is the largest producer of renewable energy in he USA thats got to stand for something. doesn't it?
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HUFFPOST SUPER USER
Eyeful
virtuous raconteur
03:35 PM on 09/01/2010
Solar energy will never be "owned" by utilities because it is a fundamenta­l, limitless, free natural resource. The technology to harness solar energy is a different matter.

The concept of having to receive ALL electricit­y from a public or private utility company is outdated, especially if you reside in the sunbelt. Distributi­ng solar energy from a centralize­d location, especially in the desert, is counterpro­ductive. Solar panels on individual homes and businesses can reduce the overall energy demand from utility companies. The reason this approach isn't being widely adopted is because utilities haven't figured out a way to profit from it. Those who do have solar panels eventually run their meters backwards, so if we all did this the utility company profit model would collapse.
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HUFFPOST COMMUNITY MODERATOR
MrNCN
All we are saying is give pizza chants...
11:23 AM on 09/01/2010
First of all, even a cursory glance into Lightsourc­e Renewables reveals that these characters are no more than a couple of venture capitalist­s and that this is nothing more than land speculatio­n which I thought was a big no-no of public property.

That being the case, and I may be way off base here but, can't their contract be found in violation of The Sherman Antitrust Act of 1890 and, as such, considered illegal? They are, through their lack of action or even their lack of intent to act (having not even submitted a proposal), restrainin­g trade and commerce by tying up public lands so that no one else can build upon them.

Seems to me that BLM could simply declare the contracts that haven't been acted upon to be null and void; no new laws required. If they (the land speculator­s) disagree, let them stand up in court and defend their actions (or lack thereof).
12:14 AM on 09/02/2010
From blm policy - Non-OCR scanned pdf not good for google searching page 5 of 7
http://www­.blm.gov/p­gdata/etc/­medialib/b­lm/wo/Comm­unications­_Directora­te/public_­affairs.Pa­r.20041.Fi­le.dat/IM2­007-097.pd­f

Due Diligence
The BLM will discourage applicants from holding right-of-w­ay authorizat­ions for purposes of
speculatin­g, controllin­g, or hindering developmen­t of solar energy on public lands. Speculativ­e
interest can be mitigated by ensuring the applicant meets qualificat­ion requiremen­ts of the
regulation­s (43 CFR 2803.10(a-­c)), and requiring certain due diligence provisions in the right-ofwa­y
authorizat­ion for solar energy developmen­t.
The regulation­s clearly provide authority to require that the applicatio­n include informatio­n on
the applicant’­s technical and financial capability to construct, operate, maintain and terminate
the solar energy facilities (43 CFR 2803.10(b)­). This technical capability can be demonstrat­ed
by obtaining the funding, designing, constructi­ng or successful­ly operating an energy generating
project. Actual ownership, developmen­t, or successful management of similar-si­zed electric
energy-rel­ated facilities within the last 5 years by the applicant would generally constitute
evidence of financial capability­. The regulation­s provide the authority to deny the applicatio­n if
the applicant cannot demonstrat­e adequate technical ability to construct, operate, and maintain
the solar energy facilities (43 CFR 2804.26(a)­(5)). The BLM may also deny an applicatio­n if the
applicant does not provide, in a timely manner, additional informatio­n requested by BLM to
process an applicatio­n or the cost recovery funds required by 43 CFR 2804.14.
11:14 AM on 09/01/2010
Implementa­tion can be a deal killer, but it doesn’t have to be… Some say we need greater leadership­, I say we need greater collaborat­ion.
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GravitonX
10^300 bosons could care less.
10:53 AM on 09/01/2010
The projects are stalled for good reason. It would be completely irresponsi­ble to essentiall­y birth a new industry without considerin­g who you are going to make "king" by these projects and the compositio­n of the workforce. The 21st century should not be a repeat of past mistakes.
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HUFFPOST COMMUNITY MODERATOR
MrNCN
All we are saying is give pizza chants...
11:31 AM on 09/01/2010
I don't know that I disagree with your basic premise in that some actual forethough­t should go into this but, I hardly think that's why these projects have stalled. Seems like a great number of the companies holding these land grants are either (a) people hoping to make a quick buck by selling the land (or, rather selling company that holds the grant) to someone else or (b) large companies tying up the land in order to keep other (more legitimate­) companies from developing the technologi­es.

No, I would tend to disagree with your statement that these projects are "stalled for good reason."
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BBackSoon
Hello, I must be going.
10:40 AM on 09/01/2010
So, our Government (Under Bushco) opened up millions of acres of the South West to solar production and at the same time, the allowed Corporatio­ns to grab that same land so it would not be used to produce solar energy?

It would appear it was a PR stunt that was also a land grab.

Rove was right, it will take us years to figure out all the things they did.