Will There be Any Takers Re Development of Renewable Energy Projects on Maine PFAS-Contaminated Farmlands?
The
Maine Public Utilities Commission has wasted little time in soliciting bids for
renewable energy projects to be located on PFAS-contaminated farmland.
Following the PUC’s
August 12, 2024, order, the Commission opened a docket initiating the
request for proposals (“RFP”) for development on PFAS-contaminated land. This
docket is the next step in the process through which the Commission will solicit
and select renewable energy projects to be developed on land contaminated with
“forever chemicals” that can no longer be used for agricultural purposes. See
my prior post
for background.
Traditionally,
once such a docket is open, the Commission will issue a formal RFP detailing
the parameters of the solicitation for power purchase agreements. The RFP must
adhere to the requirements of applicable laws and rules—here, that includes the
Commission’s newly adopted Chapter
397 rule implementing the
contaminated-lands procurement program. Deadlines for response can vary and are
typically specified in each RFP.
After proposals are received, the
Commission will begin proceedings involving review of the proposals and
conferences with the proposed developers. The Commission has determined this
docket will be a “secured case”—meaning that full access to the proposals and
participation will be limited to parties and intervenors approved by the Commission.
Some information or documents may be released by the Commission on a
discretionary basis; typically, the Commission publishes information on winning
bidders and their proposals following their selection.
While the Maine PUC has put the
pieces in place to move this program forward, it remains to be seen whether
there is any significant appetite within the renewable energy development
sector to bite into this unique development opportunity.
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