285.506—What operating fees must I pay on a commercial lease?
If you are generating electricity, you must pay operating fees on your commercial lease when you begin commercial generation, as described in § 285.503.
(a)
The MMS will determine the annual operating fee for activities relating to the generation of electricity on your lease based on the following formula,
F = M * H * c * P * r, where:
(4)
c is the “capacity factor” representing the anticipated efficiency of the facility's operation expressed as a decimal between zero and one;
(5)
P is a measure of the annual average wholesale electric power price expressed in dollars per megawatt hour, as provided in paragraph (c)(2) of this section; and
(b)
The annual operating fee formula relating to the value of annual electricity generation is restated as:
| F(annual operating fee) | = | M(nameplatecapacity) | * | H(hours per year) | * | c(capacity factor) | * | P(power price) | * | r(operating fee rate) |
|---|---|---|---|---|---|---|---|---|---|---|
(c)
The MMS will specify operating fee parameters in the Final Sale Notice for commercial leases issued competitively and in the lease for those issued noncompetitively.
(1)
Unless MMS specifies otherwise, in the operating fee rate, (r) is 0.02 for each year the operating fee applies when you begin commercial generation of electricity. We may apply a different fee rate for new projects (i.e., a new generation based on new technology) after considering factors such as program objectives, state of the industry, project type, and project potential. Also, we may agree to reduce or waive the fee rate under § 285.510.
(2)
The power price (P), for each year when the operating fee applies, will be determined annually. The process by which the power price will be determined will be specified in the Final Sale Notice and/or in the lease. The MMS:
(i)
Will use the most recent annual average wholesale power price in the State in which a project's transmission cables make landfall, as published by the DOE, Energy Information Administration (EIA), or other publicly available wholesale power price indices; and
(ii)
May adjust the published average wholesale power price to reflect documented variations by State or within a region and recent market conditions.
(3)
The MMS will select the capacity factor (c) based upon applicable analogs drawn from present and future domestic and foreign projects that operate in comparable conditions and on comparable scales.
(i)
Upon the completion of the first year of commercial operations on the lease, MMS may adjust the capacity factor as necessary (to accurately represent a comparison of actual production over a given period of time with the amount of power a facility would have produced if it had run at full capacity) in a subsequent year.
(ii)
After the first adjustment, MMS may adjust the capacity factor (to accurately represent a comparison of actual generation over a given period of time with the amount of power a facility would have generated if it had run at full capacity) no earlier than in 5-year intervals from the most recent year that MMS adjusts the capacity factor.
(iii)
The process by which MMS will adjust the capacity factor, including any calculations (incorporating an average capacity factor reflecting actual operating experience), will be specified in the lease. The operator or lessee may request review and adjustment of the capacity factor under § 285.510.
(4)
Ten days after the anniversary date of when you began to commercially generate electricity, you must submit to MMS documentation of the gross annual generation of electricity produced by the generating facility on the lease. You must use the same information collection form as authorized by the EIA for this information.
(5)
For the nameplate capacity (M), MMS will use the total installed capacity of the equipment you install, as specified in your approved COP.
(d)
You must submit all operating fee payments to MMS in accordance with the provisions under § 218.51 of this chapter.
(e)
The MMS will establish the operating fee in the Final Sale Notice or in the lease on a case-by-case basis for: