Ocean thermal energy conversion environmental issues discussion paper

[From the U.S. Government Printing Office, www.gpo.gov]

Ocean Thermal
Energy Conversion
Environmental Issues
Discussion Paper
C

September 1980

U.S. DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Office of Ocean Minerals and Energy
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1980

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Nashington, D.C. 20230

OFFICE OF THE ADMINISTRAT OR

October 16, 1980

Gentlemen:

The National Oceanic and Atmospheric Administration
(NOAA) has been given responsibility for licensing and
regulating the ownership, construction, location, and
operation of commercial ocean thermal energy conversion
(OTEC) facilities and plantships. The statute which
conferred this responsibility,the Ocean Thermal Energy
Conversion Act Of 19130 (Public Law 96-320), requires that
licensing regulations be issued by August 1981.

At part of NOAA's efforts to respond to that mandate in
an environmentally responsible manner, the enclosed OTEC
Environmental Issues Discussion Paper has been prepared.
A public "scoping" meeting to assist NOAA in defining the
scope of environmental issues associated with commercial
OTEC development and to highlight the significant issues
to be addressed in preparing licensing regulations will
be held as follows:

9:00 a.m. to 12 ':00 p.m.
Thursday, October 30, 1980
Room 4830
Main Commerce Building
14th and Constitution Avenue, N.W.
Washington, D.C.

I hope.that you will take the time to review the
Discussion Paper and give us.your views, either in person
or in writing. YOU3.7 participation in the early stages of
,this important new alternative energy program will assist
us in meeting our goal of commercial development of OTEC
technology with minimum environmental impact.

Sincerely,
2W A@10*40 @@
Robert W. Knecht
Director, office of ocean
Minerals and Energy

OCEAN THERMAL ENERGY CONVERSION

ENVIRONMENTAL ISSUES
DISCUSSION PAPER

SEPTEMBER 1980

DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON SC 29405-2413

Property of CSC Library

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Office of Ocean Minerals and Energy

PREFACE

This discussion paper has been prepared as part of the environmental

iss ues scoping process underway in the National Oceanic and Atmospheric

Administration (NOAA) in response to the Ocean Thermal Energy Conversion Act

of 1980, Public Law 96-320. The document describes the Act and ocean thermal

energy conversion (OTEC) technology in general, gives several projected OTEC

commercial development scenarios, and highlights environmental issues associated

with that development.

The discussion paper is not a draft environmental impact statement. Rather,

it is intended to serve as a brief introduction so that interested parties can

better participate with NOAA in identifying the scope of environmental issues

and the more si. gnificant issues to be addressed in the process of formulating

regulationsto implement Public Law 96-320.

Interested parties are invited to comment on the discussion paper and to

attend and participate in a public scoping meeting to be held as follows:

9:00 a.m. to 12:00 p.m.
Thursday, October 30, 1980
Room 4830
Main Commerce Building
14th and Constitution Avenue, N.W.
Washington, D.C.

written comments on the discussion paper may also be submitted directly

to:

Lowell F. Martin
Office of Ocean Minerals and Energy
National Oceanic and Atmospheric Administration
Room 410, Page Building I
2001 Wisconsin Avenue, N.W.
Washington, D.C. :20235

Written comments should be provided by,November.7, 1980.

CONTENTS
Page

1. Purpose and need for the action . . . . . . . . . . . . . . . . . I

I.I. The law and the need for regulations . . . . . . . . . . . . I

1.2. Purpose and scope of discussion paper . . . . . . . . . 4

1.3. Ocean thermal energy conversion technology. 5

1.3.1 The concept . . . . . . . . ... . . . . . . . . . . 5

1.3.2 History .. . . . . . . . . . . . . . . . . . . . . .. 10

1.4. The thermal resource and potential future development . . . 14

2. Affected environment . .. . . . . . . . . . . . . . . . . . . . . . 19

2.1. Open ocean . . . ... . . . . . . . . . . . . . . . . ... . 19

2.2. Atmosphere . . . . . . . . . . . . . . . . . .. . . . . . . 25
2.3. Coastal areas . . . . . . . . o ... . . . . .. . . . . . . . 26

3. Environmental consequences . . . . . . . . . . . . . . . .. . . . . 27

3.1. Direct.open ocean consequences . . . . . . . . . . . . . . 27

3.1.1. Displacement of ocean water mass . . . . . . . . . 27

3.1.2. Heat balance alteration . . . . . . . . . . . . . . 29

3.,1.3. Release of carbon dioxide . . . . . . . . . . . . . 30

3.1.4. Nutrient redistribution . . . . . . . . . . . . . . 30

3.1.5. Entrainment and impingement of

marine organisms . . . . . . . . . . . . . . . . 31

3.1.6. Biofouling prevention . . . . . . . . . . . . . . . 32

3.1.7. Working fluid leaks . . . . . . . . . . . . . . . . 32

3.1.8. Corrosion and erosion of metal surfaces . . . . . . 33

3.1.9. Artificial reef effects . . . . . . . . . . . . . . 33

3.1.10 Crew support system discharges . . . . . . . . . . 34

3.1.11 Transfer of products and supplies . . . . . . . . . . 34

3.2. Direct coastal consequences. . . . . . . . 35

3.2.1. OTEC fabrication and deployment . . . . . . . . . . 35

3.2.2. Electrical. transmission cables . . . . . . . . . . 35

3.2.3. Onshore electrical facilities (transmission

lines and dc/ac conversion facilities). 36

3.2.4. Product pipelines; . . . . . . . . . . . . . . . . 36
3.2.5. Product processin*g facilities . . . . . . . . . . . 36

3.3. Cumulative, indirect and long-term effects . . . . . . . . 37

3.3.1. Energy supply and demand . . . . . . . . . . . . . 37

3.3.2. Global environmental effects . . . . . . . . . 37

APPENDICES

Appendix A - Public Law 96-320

Appendix B - OTEC Program Schedule

Appendix C - Glossary

Appendix D - Bibliography

1,, PURPOSE AND NEED

1.1. The Law and the Need for Regulations

The Ocean Thermal Energy Conversion Act of 1980, Public Law 96-320,

(the Act) sets as its goal esLablishment of a legal regime which will

permit and encourage development of ocean thermal energy conversion as a

commercial energy technology. That goal is to be achieved with due regard for

other uses of the coastal.ocean and high seas and for protection of the marine

and coastal environment. The regulations which will be issued by the National

Oceanic and Atmospheric AdmirLiS tration, Environmental Protection Agency,

Department of Transportation (U.S. Coast Guard), Department of Energy, and other

Federal agencies and departments with jurisdiction over ocean thermal energy

conversion activities are necessary to meet these objectives.

The Act contains the following principle features:

It directs the Administrator of the National Oceanic and Atmospheric
Administration (NOW to establish a'licensing program governing the ownership,

location, construction, and operation of ocean thermal energy conversion (OTEC)

facilities and plantships other than demonstration projects so designated by the

Secretary of Energy. The program will govern OTEC activities conducted b y

United States citizens on the high seas and the ownership, construction, and

operation of OTEC facilities and plantships documented under U.S. law, located

in the territorial seas of the United States, or connected to the United States

by pipeline or cable. Regulations establishing the licensing program must be

issued within 1 year of enactment of the Act, that is by August 3, 1981. Those

regulations must provide foi- consultation and cooperation with all other interested

Federal agencies and departments and with potentially affected coastal States.

The views of interested members of the general public must also be considered.

NOAA is further directed to initiate a program to assess the environmental

effects of OTEC facilities and plantships. That program must address -the short-

and long-term effects of individual and multiple deployments of OTEC fa(filities

and plantships, as well as submarine electric transmission cables and other

associated equipment located in the water column or an the seabed. Specific

areas which must be considered include the nature and magnitude of any oceano-

graphic, atmospheric, weather, climatic, and biological changes associated with

OTEC development as a commercial energy technology. The issue of whether or

not the.potential cumulative environmental effects of OTEC development require

placing and upper limit on the number or total capacity of OTEC plants to be

licensed must also be addressed.

The Secretary of the department in which the Coast Guard is operating

is required by the Act to establish by regulation and enforce procedures with

respect to the equipment, training and maintenance required for OTEC facili

ties and plantships to promote safety.of life and property at sea, prevent

pollution of the marine environment, clean up any pollutants which may be

discharged from OTEC facilities and plantships, and prevent or minimize,any
adverse impacts from construction and operation of OTEC facilities'and plantships.

The Secretary is further directed to promulgate and enforce regulations to prevent

interference between OTEC plantship thermal plumes and other uses of the terri-

torial seas and natural resources jurisdiction areas of the United States and

other nations.

The Act amends The Merchant Marine Act of 1936 (46 U.S.C. 1101) :to provide

Federal financing assistance for OTEC facilities and plantships. That -assistance

is to be made available by the Secretary of Commerce to commercial OTEC-facility

and plantship proposals he finds to be economically sound as well as to demon-

stration projects certified by the Secretary of Energy to be reasonable risks

with respect to technical and economic viability. A special subaccount of

the Federal Ship Financing Fund, to be known as the OTEC Demonstration Fund,

is also established to guarantee OTEC demonstration facility or plantship

construction loans. An upper limit of $2 billion in outstanding obligations

guaranteed under the subaccount is specified.

The Administrator of NOAA and the Secretary of the Department in

which the Coast Guard is operating share responsibilities for enforcement

of provisions of regulations issued under the Act. The Administrator is

charged with establishing ccmpliance monitoring requirements on OTEC

licensees. These requirements may include placing Federal officers or employees

aboard OTEC-facilities and plantships, as well as iequiring monitoring of

environmental effects of OTEC operations conduct&d by licensees.

The Secretary of State, in cooperation with the Administrator of NOAA

and the Secretary of the department in which the Coast Guard is operating,

is charged with conducting international negotiations as necess ary to assure

non-interference between OTEC facilities and plantships, safety of navigation,

and resolution of such other matters regarding OTEC facilities and.plantships

as need to be resolved by international agreement.

Finally, the Secretary of Energy is charged with responsibility for

establishing and enforcing standards and regulations necessary for safe con-

struction and operat'lon of submarine electrical transmission cables and equipment

associated with OTEC,faciliftes and plantships. Those regulations must require

use of the safest and best available technology for cable shielding, as well as

use of automatic current interruption devices.

The full text of the Act is set out in Appendix A. NOAA's present schedule

for complying with mandatorli deadlines in the statute appears in Appendix B.

1.2. Purpose and Scope of Discussion Paper

This environmental issues discussion paper is not intended to treat

exhaustively all potential environmental issues associated with development of

OTEC licensing regulations by NOAA. Rather, it is intended to provide an over-

view of the statutory mandate, the technology, the potential scope of OTEC

commercial development, and the environmental impacts projected to occur as a

result of commercial development. It is hoped that availability of this paper

will assist Interested parties in preparing for the scoping meeting on environ-

mental issues to be held October 30, 1980, so that the session will be

useful to all concerned with assuring development of commercial OTEC in-an

environmentally responsible manner.

The environmental impact statement (EIS) which'will result from NOAA

actions to comply with the National Environmental Policy Act (NEPA) will

assess the environmental impacts of development of OTEC as a commercial

energy technology under a number of alternative regulatory regimes. The

scoping process for which this discussion paper was prepared will assist the

NOAA Administrator in determining the scope of issues to be addressed in the

EIS and the significant issues related to establishment of a regulatory regime

for OTEC licensing. In general, the issues to be addressed will include the

projected nature and magnitude of future OTEC development, the local and

global environmental impacts of that development; possible ocean use conflicts

with shipping,, OCS activities, fishing, port access routes, etc.; the energy

requirements and conservation potential associated with OTEC development under

alternative regulatory regimes; and the level of irreversible or irretrievable

commitment of resources associated with the OTEC regulatory regime selected as

NOAA's prefered alternative should it be implemented.

1.3. Ocean Therma 1 Energy Conversion Technology

1.3.1. The concept

Ocean thermal energy conversion is a process for using solar energy

stored in warm ocean surface waters to perform useful work. That work may

be generation of electricity for domestic and industrial consumpt ion or

production of energy intensive products. Two different processes are currently

envisioned for use in redjicing the OTEC concept to commercial practice, the

closed cycle system and the open cycle system.

The closed cycle system uses ocean surface waters warmed by the sun to

vaporize a working fluid contained in an enclosed piping system. The vaporized

working fluid is passed through a gas turbine that produces rotary motion from

the thermal energy imparted to the working fluid. That rotary motion is used

to drive an electrical genel7ator or the machinery used to produce a product.

After passing through the turbine, the working fluid vapor i s cooled and

condensed back.into a liquid by means of cold water pumped up from the deep

ocean. The liquid wo rking J:luid is pumped back through the warm water heat

exchanger to vaporize it and the cycle is repeated. No fuel in the conven-

tional sense is used. The enclosed working fluid is continually vaporized

and condensed by means of the temperature difference between the warm surface

waters and cold, deep ocean waters. Figure 1.3.1 shows schematically

the closed cycle process.

The open cycle OTEC system operates in much the same way as the clos ed

cycle system except that seawater itself is used as the working fluid. Warm

surface water is passed through an evaporator at reduced pressure so that it

boils. The produced steam is passed through a turbine to produce rotary motion

and is then condensed using cold ocean water drawn up from the depths.

WAHPA 7,ATER
iNTAKL

ELECTRIC F'OWLR
OUTPUT

zs*c

HIGH PRESSURE LOW PRC55URr_
NH3 VAPOR NH3 VAPOR

7-C
TURBINE >
GENER'ATOR K:

4.C =20%

EVAPORATOR CONDENSER

I (rc
LIQUID
PRESSUR-
IZER

2-3'0 HIGH PRESSURE LOW PRESSURE
NH3 LIQUID NH3 LIQUID

W A P.A @;A_F--R CGLD,WATER COLD WATER
ExItAUST INTAKE EXHAUST

Figure 1.3.1 Schematic Diagram-of Cloaed-Cycle OTEC Power System
Source: DOE, 1979a
,)C

LI UID
PRESSU R-
R
1 @ZE _F

Emil

Because salt is removed through evaporation, the condensed water from the

open cycle process is fresh and constitutes a useful byproduct of the proc ess.

However, this distillation effect also results in discharge of seawater with

a slight increase in salinity (approximately 1%) over ambient values. To main-

tain efficiency of the open cycle process it is necessary to remove non-condensible

gases, such as oxygen and carbon dioxide, before the water vapor passes through

the turbine. This reduces process efficiency and may necessitate discharge of

these gases to the atmosphere. Figure 1.3.2 shows schematically the open cycle

process.

The first commercial applications of OTEC are expected to use closed

cycle technology, although there is considerable interest in commercialization

of the open cycle concept because of its inherent freshwater production

capability. Because of this likelihood that closed cycle systems will be

the first to be licensed for commercial operation, this discussion paper.will

emphasize issues related to them.

The major subsystems of a closed cycle OTEC facility or plantship which

are of concern in addressing environmental issues are as follows:

Heat exchangers - The seawater heat exchangers of primary importance

in the closed cycle design are the evaporator, which uses warm surface water

to heat and evaporate the working fluid, and the condenser, which uses:cold

seawater from the depths to cool working fluid vapors after they have passed

through the gas turbine and return them to a liquid state. These heat

exchangers are one of the most important components of the OTEC system because

their efficiency in transfering heat from the water to the working fluid and visa

versa will have a significant effect on overall system efficiency. Because of

this, control of biofouling of the seawater side of these heat exchangers is a

vital system operating parameter. Likely candidate materials for construction

Vacuum
P kumrnp 8

Waru Loop Turbine/rLnerator Cold Loop

Evaporator
Condenejer
DcActer

Deg&stf.1er*/V&cuum Pumps

00
Water Pumps/Turbines

Warw Inlet
Warm Cutlet- Cold.Outlet

Control

Cold Inlet

Figure 1.3.2 General System Layout of an Open-Cycle OTEC Plant
Source: Watt et al., 1977
LLO

of these heat exchangers are aluminium, titanium, 90/10 copper/nickel alloy, and

stainless steel. Approximate seawater surface area requirements for these heat
exchangers are 10,000 m2/MWe (Megawatts electric) of plant capacity. Ten thou-

and square meters is equal to approximately two and one-half acres.

Working fluid - The working fluid for a closed cycle OTEC plant-must have

heat transfer and thermodynamic properties suitable for efficient operation. Cost

and compatibility with heat exchanger materials are other design considerations.

Ammonia (NH3) is currently the most likely choice as a working fluid. Expected
quantities to be required in the closed system are 25 m3(6,600 U.S. gallons)/MWe

of plant capacity. (Open cycle OTEC uses seawater as a working fluid).

Modules/Platform - &Lther than relying on two large heat exchangers,

several heat exchanger modules will be grouped to make up the OTEC power system

for a large commercial plant. This will permit taking portions of the system

off-line for cleaning and niintenance while continuing operation. If the OTEC

plant is located at sea, a moored or free-floating platform must be provided

for the system. The platform must be capable of withstanding the stresses of

ocean storms and normal wave-induced motions, as well as stresses caused by move-

ment of water through the system. Several conceptual designs of at-sea OTEC

platforms have been completed, including ship, spar/bouy and semi-submersible

hull shapes. The OTEC power system equipment (evaporator, turbine, condenser)

might also be located on land.

Cold Water Pi2e - Th e pipe used to draw cold ocean water up from the

depths is also a critical system element. For a'floating application the pipe

must be able to withstand the stresses of storms, normal winds, and currents,

as well as stresses caused by movement of water through it, Full scale commer ci al

designs of the cold water pipe for 100-400 MWe OTEC plants may be as long as

1,000 meters and as large as 30 meters in diameter. Candidate materials for the

,cold water pipe include steel with elastomeric joints and fiberglass. If the

OTEC plant is located on land, a submarine pipeline might be used for the cold

water pipe. Flow volumes of cold water for closed cycle systems are approximately
3-4 m3(800-1100 gallons)/second per megawatt of electrical capacity. Fo .r' a 3-

400 MWe commercial plant, the total saltwater flowrate is roughly equivalent to

that of the Nile River.

There are three ways-in which the OTEC technology may be implemented. The

OTEC system may be located on a facil moored to or standing on the ocean

floor. Electricity or product from an OTEC facility most likely would be moved

to shore via electrical transmission cable or product pipeline. The OTEC power

system may be located on land with cold and warm water intakes and discharge

piping in the form of moored or seafloor pipelines to the appropriate marine

locations. Finally, the OTEC system way take the form of a plantship, a vessel

designed to use temperature differences in ocean water while floating unmoored

or moving through the water, to produce electricity or directly drive process

machinery. OTEC facilities and shore installations would likely be used to

produce electricity for introduction into the public utility electrical,grid.

OTEC plantships will likely be used for production of energy intensive products

such as ammonia or for energy intensive processes such as aluminium smelting.

Products would be manufactured aboard the pla.ntship as it followed optimum thermal

gradient conditions and would be moved from the plantship to shoreside markets

by conventional marine transportation modes.

1.3.2. History

The OTEC concept has been in-existence for a number of years. Several

other nations have explored the possibilities of commercializing the technology

in the past. The French funded a large scale OTEC development project for awhile

in the 1930s. However, it was later abandoned. Recent realization that the world

is rapidly depleting its oil reserves, coupled with large oil price increases, has

renewed interest in OTEC.
14

e
Recent U.S. developments include deployment of Mini-OTEC and the pending

deployment of the OTEC-1 engineering test facility. Mini-OTEC is an experi-

mental, barge-mounted, closed cycle power system with cold water pipe. The

Mini-OTEC project was initiated in September 1978 by a consortium including the

State of Hawaii, the Lockheed Missiles and Space Corporation, Alfa-Lavaland

Dillingham Corporations. Mini-OTEC was successfully deployed several kilometers

-kilowatt design, Mini-OTEC's
off Keahole Point, Hawaii in August 1979. A 50

generator ran two 20 horsepower seawater pumps and produced slightly in excess

of 10 kilowatts of net electric power. A second deployment is currently

planned to be undertaken with support by the U.S. Department of Energy.

The OTEC-1 engineering test facility has been developed as part of the

Department of Energy program I:o successfully demonstrate commercial scale OTEC

technology. OTEC-1 is a Navy Reserve Fleet tanker, the USNS CHEPACHET, which

has been modified to serve as an operational test facility for closed cycle

OTEC power cycle components such as heat exchangers, pumps, cold water intake

pipes and working fluid 'Systems. It has the capability of testing components

at the one megawatt (1,000 kilowatt) electrical capacity level. The planned

operating site is 30 kilometers northwest of Keahole Point, off the Kona Coast

of Hawaii. Deployment is scheduled for the late fall of 1980.

Consistent with the accelerated development and commercialization schedule

mandated by the OTEC Research, Development and Demonstration Act of 1980, Public

Law 96-310, the-Department of' Energy (DOE) has issued a Program Opportunity Notice

for design, construction deployment, operation, and evaluation of a closed cycle

OTEC pilot plant with a net capacity of at least 40 megawatts electric (Mwe).

The OTEC pilot plant program will progress from conceptual design through five

Wldll

out,:.-

.-fto.

V-ft -A--.
"Alt

Fi gure 1.3.3 In Amplal View of MUd-47= In Opemtlom.

NKLMXWWIN DICK

IUOFWLWG LAB
Pot""01v COLD
WATER PvW AMOCONT14OLVAM

WAMOATREPUMP

-NUOU is
wxIO COLD AND IV Too
MM UATSR OUNMIAMI

WAN"ATIM
COL"ATM "M WT"A

Figure 1.3.4 Artist's Conception of OTEC-1
- 12

additional phases culminating in deployment and long-term commercial operation

of at least one 40 MWe closed cycle OTEC plant. The current schedule for the

DOE pilot plant program calls for construction to begin in mid calendar year

1984, with at-sea operational test and evaluation starting in mid 1986.

1.4. The Thermal Resource and Potential Future Development

The minimum temperature difference between surface waters and the deep ocean

which allows efficient OTEC operation is approximately 20* C. A temperature

difference of that magnitude is generally available between the surface and a depth

of 1,000 meters in a band between 20 degrees north latitude and 20 degrees south

latitude, as shown in figure 1.4.1. An adequate thermal resource for OTEC plant

operation tends to be available within 10 kilometers of tropical U.S. islands

where water depths reach 1,000 meters. Figure 1.4.2 shows thermal resource

availability for Hawaii and Puerto Rico, as well as the Gulf of Mexico.

U.S. island sites are likely candidates for early commercial OTEC development.

This is due to nearshore availability of the thermal resource, which reduces

electrical transmission cable costs. Another factor is the near total dependence

of U.S. islands on imported oil for energy needs. Each megawatt of annual

electricity demand met by OTEC would eliminate the need to import 40 barrels of

oil per day. For example, if Puerto Rico's current average annual use of 2,000

megawatts were derived from OTEC, the need to import 80,000 barrels of oil per

day would be eliminated.

Another potential area for early commercialization is ammonia production on

OTEC plantships. A large portion of U.S. ammonia production is used in manufac-

turing fertilizer. The feedstock currently used for shoreside ammonia production

is natural gas. An OTEC ammonia production plantship would rely on hydrogen

produced from seawater as a feedstock. A 325 megawatt ammonia product ion plantship

would be capable of producing 1,000 metric tons of ammonia per day. Each such

plantship would eliminate the need for 12 billion cubic feet per year of natural

gas as ammonia production feedstock. Current annual U.S. natural gas production

is about 20 trillion cubic feet. Thirty such 325 megawatt plantships would be

required to meet projected post 1985 increases in U.S. fertilizer demand.

LARGE SCALE DISTRIBUTION OF
T 1- 4' LE R Mi A L R LES 0 U R CE

LT(-C) OETWEEN SURFACE AND 1000 METER DEPTH

IGOW 150W 140W 130W 120W HOW 100w 90W 80w 70W 60W 50W 40W 3OW 20W 10 IN ow IOE 20E
40N
140N
ck@ I
NORTH AMER ICA
-`15c-
3ON 7@p-- 7 0 30N
6
@20'1 0
AFRIC '20N
20N
0

21L
212---
ION 2 ION
2

EQ
EQ
200
So
UTH AMERICA
1IOS
Ios

210
9
7 20S
20S
160

70
30S 130S
@1 5-6-

40S
4 0 S
160W 1564 14*-OW 1-30W--i@Ow HOW 100W 90W SOW 7OW 6OW 50W 40W 30W 20W IOW ow IOE 20E
-27 O@;,@ iid
=
211-
0
2

Figure 1.4.1 World's Thermal Resource
Source: U.S. DOE, 1978

LARGE SCALE DISTRIBUTION OF
T E C THERMAL E- S 0 C E

Z@T(00 BETWEEN SURFACE AND 1000 METER DEPTH

30E 40E 50E 60E 70E 80E 90E IOOE NOE 120E 130E 140E 150E 160E 170 E IBOE 170W 160W 15OW
40N
4ON
o
-CV
-160-
-17
30N A o .30N
-20-
CH NA 21,
20N, 20N

24o

AFRICA 20
ION ION

EO
2 1 23*

IEQ

losi 2 %4111
los
-2 3p-
-ct?:@2 2"'
20S 20S
19
C)o
....AUSTRALIA
17Q-
01
30S'! 30S
15

40SI- '40S
90E IOOE IROE- 176W li@OW 150W
30'F 4@) E 50E TOE 70E 80E HOE 120E 130E 140E 15 O.E IEOE 1'@QE

Figure 1.4.1 (Continued)
o

HAWAIIAN ISLANDS PUERTO RICO
.. .. ...

KA
NIIHAU

PASS
.. ... .. . .
MOLD Ai
ARECIBO SANJUAN
OAHU
M.A :x.
MAYAOUEZ VIEQUES
MONA
PONCE PU
NTATUI

.. .. ...
........... .
....... ..... .
340F-i2MONTH
SA N
CROIX
MIN DEPTH 3300'
05MAn*1; 22 UnNTHS HAWAII

NOTE: SEASONALLY AVERAGED
TEMPERATURES USED 366F - 12 MONTHS, MIN DEPT" 3008-
IN ANALYSIS 4ef .12 MONTHS, MIN DEPTH OM'
'NOTE: MONTHLY -10 SQUARE DATA USED IN ANALYSIS
GULF OF ME 0

NEW PENSACOLA
ORLEANS JACKSONVILLE
GALVESTON

MIAMI,
BROWNSVILLE

36 IF -I MONTHS
x

3110f .12MONIHS

NOTE: MONTHLY -10 SQUARE
DATA USED IN ANALYSIS

Figure'l.4.2 OTEC Thermal Resource for the U.S. and U.S. Islands..

A number of projections with regard to OTEC commercialization have been

made. Congress, in enacting the OTEC Research, Development, and Demonstration

Act of 1980 (Public Law 96-310), has established as a national goal demonstration

of at least 500 megawatts of OTEC capacity by 1989 and commercial operation of

at least 10jO00 megawatts of OTEC capacity of 1999. The Council on Environ7

mental Quality has estimated that OTEC could supply I to 3 quads (quadrillion

British thermal units) of.energy by the year 2,000. This is equivalent to 30,000

to 90,000 megawatts of commercial capacity. It has been projec ted that potential

OTEC capacity within 200 miles of the United States coast could be as great as

70 quads per year, or the equivalent of total current U.S. energy consumption.

The Hawaiian archipelago alone has been estimated as capable of producing 10-15

quads from OTEC plants.

In the near term, projected commercialization will probably be in the

form of small (10-40 megawatt) OTEC electrical plants to supply incremental

baseload requirements for U.S. islands in the Pacific and the Carribean.

Early development of ammonia production plantships is also expected, with

initial sizes in the 40 megawatt electric range capable of 125 metric tons

per day of ammonia production. NOAA currently expects two to three licensing

applications in these size ranges immediately after licensing regulations are

issued in the summer of 1981.

.2. AFFECTED ENVIRONMENT

2.1. Open Ocean

As noted earlier, the rE!quisite thermal resource for.OTEC.development

generally exists in a band 20 degrees north and 20 degrees south of the

equator. In potential OTEC island areas, elevations rise quickly from great

ocean depths. Depths over 1,,000 meters occur within 3 kilometers of land at

many potential OTEC sites. Bottom sediments railge from terrigenous to biogenic

in character and may exist as thin layers overlying hard substrate or soft

penetrable substrates.

Physical oceanographic 1?arameters of importance to OTEC system design and

evaluation of environmental impacts include near-surface current profiles, mixed

layer depth and photic zone depth. Circulation patterns are important because

warm surface waters are the limiting resource for OTECloperations. While some

solar warming of the surf-ace waters at the OTEC location 'does take place 31. mo st

of the stored solar energy is obtained in equatorial regions and transported to

potential OTEC sites by ocean currents. Figure 2.2.1 shows these large scale

circulation patterns. Local. and macro scale circulation patterns will control

OTEC discharge plume shape aLnd dispersion, thus determining possible discharge

plume interferences and transport of OTEC facility and plantship discharges.

The mixed layer is the upper layer of the ocean which is well mixed by

wind and wave action. Temperature, salinity, and nutrient concentration values

are essentially homogeneous with depth.within the mixed layer. The mixed layer

defines the vertical extent of the solar resource for OTEC. There is seasonal

variation in mixed layer depth with a maximum reached at the onset of winter.

Yearly average depth as defined by the depth at which temperature drops to 1* C

below sea-surface temperatuze, in the areas of interest ranges from 22 to 80

meters, with an average of '56 meters.

LARGE S@CALE DISTRIBUTION OF
OTEC TH ER MAL R-of--SOU P. CIE-

nj(00 BETWEEN SU'RFACE AND 1000 METER DEPTHS

160W 150W 14OW 130W 120W HOW IGOW 9ow 8ow 7ow 6ow 50W 40W 3OW 20W low Ow IOE 20E
40N
40Nf__
NORTH AMERICA
.4,
'150
_17mQ,. 1170
30N@l 30N
60

20
-2 0@@_
20N! 20N
AFRICA
r A@N C.
220
cuAmc@K1
TT_ ION
ION
.20
CD
6%., MUNTORIAl- C
INCA (t.
E 0 77,777-7 EQ
001
C.
SOUTH AMER I CA..:.-.1.
los. los
2
210 0
9
_17
20S
205,
160

30S
3051@-j
0 5

VVES1 wir4D ORIFT AF
Iq 11 40S
160w 15OW I'low IMW l2ow [low loow 9ow 8ow 7ow 6ow 50W 40W 30W 20W low ow IOE 20E

Figure 2.2.1 Large-Scale Circulation Patterns

LARGE S C A L rE DI 5 TR 113 UTI 0 N OF
U M A RESOURCL

LTM) DEETWEEN SURFACE AND 1000 METER DEPTH

30E 40E 50E GOE 70E BOE 90E lOOE IIOE 12GE 130E 140E 150E 160E 170 E 180E 170W i6OW 150W
- . I .@ J@- - 140N
40N

--160
17rL

.5UN--

2
-c INA
20N
20N
NG T RIA 22r'
CAN -240
IBO

iON
)ON -20 EQUiJOKIAL c
AFRICA 230
2 2
12 5@0 U Eallw@ EQ
EQ -4
R L COUWER C. so

U,
los los
C.
2 2' -4
21d
'1Z 2 0 S
20S- 01
2-0 2:@
181, AUSTRALIA i 17SZ-
17

...........
30S
E ly'(r4o
40S
40S m--- 150W
30E 4 O-E -50.E 6 ff@j 0 -E---60E 90E 100E 11 120E 130E 140E 150E 160E 170E 180E 17OW 160W

Figure 2.2.1 (Continued)

The photic zone is the surface water layer in which light penetrates to

a level of 1 percent of its surface vlue. Most, if not all, primary biological

productivity occurs in the photic zone. the photic zone depth for potential

OTEC areas ranges from 120 to 140 meters with a mean value of 125 meters. these

values are typical of very clear, blue oceanic waters.

Chemical oceanographic parameters of importance to OTEC environmental

assessment include nutrient and dissolved oxygen levels for depths covering

potential intakes, discharges, and discharge plume stabilization depths.

carbon dioxide saturation levels both at cold water intake depths and at

discharge depts are important for assesssing potential carbon dioxide efflux to

the atmosphere as a result of OTEC operations.

Nutrient levels, as indicated by nitrate concentration, are very low in

surface tropical waters and increase with depth to a maximum at 700 to 800

meters. Values at a potential cold water intake depth of 1,000 meters are

slightly below the maximum. Ortho-phosphates and slicates display a similar

concentration profile with respect to depth.

Dissolved oxygen values are gypically a maximum at the sea-surface.

the concentration profile with depth shows a decrease to minimum value at

approximately 500 meters with an incrase to approximately 60 percent of sea-

surface values at 1,000 meter cold wate intake depths.

Carbon dioxide exists in saturation equilibrium with carbonate,

bicarbonate, and carbonic acid in ocean water. Ambient wter pressure,

temperature, and salinity all govern saturation concentration of carton

dioxide. Decreases in depth, with increases in temperature and salinity all

decrease the saturation concentration of carbon dioxide. for this reason,

upwelling of the volumes of cold, deep ocean waters associated with commercial

OTEC operations have the potential for some release of carbon dioxide to the

atmosphere.

Biological considerations of relevance in assessing impacts of OTEC plant

operation include all aspects of the ecosystem between the neuston layer at

the air-sea interface to the boundary layer between the mesopelagic and

bathypelagic zones at depths in excess of 1,000 meters. Phytoplankton are

free-floating algae which produce organic matter upon which the marine food chain

depends. Phytoplankton production is a photosynthetic process occuring in the

photic zone. Measurement of chlorophyll a provides an estimate of phytoplankton

biomass. Surface values for chlorophyll a are generally low in tropical and

subtropical oceanic waters, but increase with depth to a subsurface maximum at

depths of 75 to 150 meters. The actual maximum depth varies both spatially

and seasonally. Phytoplankton productivity values in the tropical and sub-

tropical ocean locations for potential OTEC sites are generally low. The

exceptions to this are in the equatorial divergence zone, shallow seas, semi-

enclosed areas, near land, in areas of natural upwelling, and other places with

increased nutrient availability over average ambient values.

Zooplankton, a major component of the next trophic level in the marine

food chain, are passively floating or weakly swimming animals of the water

column. Zooplankton are concentrated in the upper depths, above approximatel
,y

200 to 300 meters. Standing stocks decrease rapidly below those depths, reaphing

values of 1 percent to 10 percent of surface concentration at depths of 1,00P

meters.

Micronekton are actively free-swimming marine organisms in the one to

ten centimeter size range which include juveniles of important commercial

species. Major micronekton groups include fishes, crustaceansi cephalapods,

and gelatinous organisms. Micronekton biomass concentrations exhibit wide

variation with area and depth, however a significant amount of data on average

values in oceanic areas away from land masses, divergence zones, and upwelling

areas is available.
23

Nekton represents the large free-swimming ocean fishes. Numerous species

of commercial and sportfishing importance are found in tropical and subtropical

ocean water, including tuna, dolphinfish, marlin, swordfish, and sailfish.

Other nekotonic species of lesser commercial importance including squid,

sharks, flying fish, sunfish, etc., are found in tropical ocean waters.

Numerous species of marine mammals also occur within potential OTEC resouce

areas. these include a number of species of porpoise, whales, seals, manatee,

and dugong. Sea turtles also occur in the Gulf of Mexico, South Atlantid, Carib-

bean, Hawii, and Trust territories of the Pacific Islands OTEC resource areas.

Deep-sea benthos, the inhabitants of the bottom surface and sediments

of the deep ocean are likely to be relatively unaffected by OTEC operations.

Characteristics of the benthic community include high-diversity, maintenance of

that diversity by movile scavengers, and the extremely slow metabolic rates of

organisms in the deep-sea habitat.

2.2. Atmosphere

Air/sea interactions determine many local and larger scale weather and

climatic effects. The relationship between sea-surface temperature, local

air temperature and relative humidity governs the occurence of sea fog.

Sea-surface temperature variations over large scale areas of the ocean surface

govern formation and movement of high-pressure zones. Location and areal

extent of high pressure zones govern the movement of tropical ocean storm

tracks. There is evidence that natural occurence of sea-surface temperature

anomalies over large areas of the Pacific ocean have resulted in inshore

movement of storm tracks along, the coasts of California and Oregon.

Carbon dioxide concentrations in surface waters govern interchange of

carbon dioxide between the atraosphere and ocean waters.

2.3. Coastal Areas
coastal features in potentIal OTEC application areas include habitat for large

numbers of seabirds, breeding area for sea turtles, and habitat for the young

of many commerciaLly and recreationally Important species of finfish and shell-

fish. Significant features, include coral reefs and tropIcal islands of the

western Atlantic, western pacific and Caribbean, as well as wetlands, bayous,

and barrier Islands along the Gulf of mexico coast of the unIted States. Habitat

for sea turtles Is found throughout HaWaii and the Trust Territories of the

Pacific Islands as well as in the gulf of mexico, western Atlantic, and the

Caribbean. Numerous species of crocodile and alligator are found in south Florida,

along the Gulf Coast, and In the Caribbean Islands. Much of the United States

Gulf Coast is an important breeding area for commercially important shrimp and

shellfish fisheries.

Numerous populations of coastal and island associated seabirds such as

pelicans, gulls, and booby frequent potential coastal OTEC application areas.

Large populations of transitory migrants such as the golden plover are also

found.

3. ENVIRONMENTAL CONSEQUENCES

A closed cycle OTEC plant will require some 6 million gallons of warm

water flow per minute, and an equivalent flow of cold water, for each 100 MW

of net power ge, rated. This 12 million gallons per minute of total flow

must be reintr-oduced into the water column either separately, through indi-
vidual warm an,4(0 ld water discharges, or as a mixed discharge. In addition

to potentially being of different temperature and salinity than ambient waters

at the point of discharge, these flows can have different chemical and biologi-

cal properties that are characteristic of ocean water at the intake locations.

In considering the relatively large ocean water flow rates, the physical

presence of t.he facilities, and the trace and other constituents which may be

released, environmental concerns arise as discussed in the following sections.

3.1. Direct Open Ocean Consequences

3.1.1. Displace ment of Ocean Water Mass

The displacement of large quantities of ocean wate r causes artificial

disturbance of natural thermal and salinity profiles (thus density), as well

as levels of dissolved gases, nutrients, carbonates and turbidity. The behavior

of the OTEC discharge plume, both in the near-field and far-field, must be

predicted in order to assess the resulting impacts.

The near-field refers to that region of the discharge plume within which

the behavior is governed primarily by the discharge geometry, its initial*

momentum, and the density of the ambient water. This region is characterized

by time scales generally less than 1,000 seconds and spatial scales of less than

approximately 1,000 meters. This is the period when the dilution of the dis-

charge with ambient seawater takes place most quickly (initial dilution), being

due to the turbulent motion of the discharge that quickly entrains ambient water.

It is also the phase of dilution over which the design engineer has the most

control, with key design parameters including the geometry, velocity, and

depth of the discharge.

In contrast to the near-field region, the fav@field refers to that region

where natural oceanic currents, turbulence, and planetary rotation both move

and disperse the discharge plume. Subsequent dilution, that dilution of the

discharge plume that occurs during this period, is very much slower than initial

dilution. As a consequence, far-field processes are characterized by time and

spatial scales greater than those above that define the near-field. During

the early stages of far-field processes, gravitational spreading of the dis- F

charge can also occur.

The near-field fate of the discharge plume is totally dependent upon

geometry of the discharge (primarily the orifice size and angle of the discharge),

the depth of the discharge, and the density of the discharge relative to the

density structure of the water column. If the density of the discharge is

less than that of the immediate ambient environment, the density difference will

impart a positive buoyancy force and the discharge will rise until it reaches

the surface itself or a point of neutral buoyancy beneath the surface. Neutral

buoyancy is usually achieved when there is a thermocline present above the

discharge location; in this situation, the plume stratifies and spreads at this

level much as smog stratifies arid. spreads beneath an atmospheric inversion

layer.

If the discharge is heavier than the immediate ambient water, the discharge

will sink. This situation can be visualized as the reverse of the above situation,
and the plume will either stratify at a thermoclinej reach (theoretically) the JE

bottom, or become so dilute that it is non-detectable.

Currently, popular OTEC designs involve a mixed discharge that will have

properties intermediate between those of the surface (warm intake) waters and

deeper (cold intake) waters. Sue h a discharge will stratify near t.he thermocline,

rising to it if the discharge depth is below the thermocline or sin king to it if

the discharge depth is above the thermocline. The exact trajectory and resulting

dilution will be dependent upon factors mentioned above. Predictiqi@
have been
performed for OTEC plants in i:he range of 40-400 MWe that were dj,04@4ing a
mixed effluent horizontally through pipes in the size range of 14 to*-21 meters.

With the discharge at a dO-pth of about 50 meters and the top of thermocline

being located at about 100 meters, the discharge sank to the thermo44line, at

which point initial dilutions on the order of 3 were achieved. Dilutions are

typically defined as the ratio of the volume of the discharge plus entrained

ambient water to the volume of the discharge. For example, a dilution of 3

connotes that I unit volume of the discharge has mixed with 2 unit volumes of

ambient seawater.

3.1.2. Heat balance alterat-Lon

In all likeliehood, a single OTEC plant in a given region or water mass

will not impact the overall heat balance, of that water mass to a degree that

would give rise to concern. However, there is a need to assess the overall

heat balance effects of mu ltiple plants. Siince energy in the form of heat is

being extracted from the water mass to produce work, it would be expected that

the thermal resource can be considered renewable only up to some finite number

of plants.

Calculations on the Gulf of Mexico have indicated that 100 OTEC plants,

each of 200 MWe capacity, operating in the Gulf for,30 years would reduce the

sea-surface temperature by about 0-05*C and warm the' deeper ocean waters above

the cold water intake (500-1,000 meters) by about 0.080C. Although more analysis

of this problem needs to be performed these depressions are considered small

compared to the persistent natural anomalies that are known to affec-t ocean

dynamics and, at a minimum, regional climates.

3.1.3. Release of carbon dioxide,

Any effects of ocean thermal energy conversion on the C02 balance between

the oceans and atmosphere are of concern because of the role of C02 in long-

term weather changes. The C02 molecule serves a unique role regarding the heat

balance of the Earth, having little effect on short wavelength solar radiation

teaching the Earth yet absorbing longer wavelength radiation reemitted by the

Earth. This is the basis of the concern referred to as the "greenhouse" effect

when higher atmospheric C02 levels would result in a warming of global tempera-

tures due to increased absorption of the longer wAvelength radiation. It is a

major concern regarding continued use of fossil fuels.

Atmospheric C02 exists in equilibrium with dissolved C02 in the oceans and

other aquatic systems. Within the ocean and other waters, carbon dioxide exists

in equilibrium with the carbonate system which is composed of carbonic acid
(H2CO3), bicarbonate (HC03), and carbonate (C03)

The saturation concentration of c02 is greater in the deeper, colder waters

of the ocean than in the surface waters Thus, the operation of an OTEC plant

will bring large Volumes Of C02 rich water to the surface where it may have a

potential effect the amount Of co2 efflux from a 400-MW OtEC configuration

has been estimated to be about onefourth of that which would be released from

a coal-fired plant of equivalent capacity. Although there is some concern that

the release could have potential regional effects large-scale climate effects

are not anticipated

3.1.4. Nutrient redistribution

Nutrient redistribution will occur as a result of OTec discharge. Upwel-

ling of large amounts of cold, nutrient rich water may increase primary producti-

vity as has been demonstrated in aquaculture experiments in the Virgin Islands
I I
and off the coast of California. this is particularly true if the discharge

plume remains above the 10 percent light penetration level, below which sun-

light availability is the limiting factor on productivity. Simplified modeling

of primary productivity effects of a 400 MWe OTEC plant discharge based on this

assumption showed phytoplankton biomass to be 30 times ambient within the plume

30 to 60 kilometers downstreas. (3 to 6 days) of the discharge. Thus signifi-

cantly increased phytoplanktor. levels may be maintained downstream of commercial

OTEC facilities. However, this tendency may be countered by inhibitory effects

of the biocide chosen for controlling fouling of the OTEC plant heat exchangers.

3.1.5. Entrainment and impingement of marine organisms

Impingement of marine organisms occurs on the intake screens for cold

and warm ocean waters. Organisms which pass through the intake screens are

entrained in the water flow and pass through the OTEC plant seawater system,

including piping, heat exchang-ers, and pumps. It has been estimated that

a 400 MWe OTEC plant will impinge a total of about 2,000 kilograms of biomass
each day, consisting of microtiekton and gelatinous biomass'. It is further' esti-

mated that the ecological impact of this loss, at least for a single plant, will

be insignificant due to the replacement capability of the surrounding micronekton

population and the mobility of the nektonic organisms which prey on micronekton.

Organisms entrained in the warm water intake of an OTEC plant are subject

to physical abuse and biocides as they pass through the plant. Organisms

similarly entrained in the cold water intake flow will also be.subject to a

temperature change of 20 degrees C and a 100 atmosphere decompression. Current

designs for OTEC inlet screens and heat exchangers will likely result in entrain@-

ment of organisms less than 4 centimeters in size.

Overall entrainment rates for a 400 MWe OTEC plant are projected to be

approximately 2,000 kilograms per day, including phytoplankton and zooplankton.

Most of this will occur at the warm water intake as phytoplankton and micro-

zooplankton concentration at 1,000 meter depths is comparatively low.

3.1.6. Biofouling prevention

OTEC plant efficiency is highly dependent o n maintaining clean heat

exchanger surfaces. Buildup of a 50T!--micrometer thick layer of slime on heat

exchanger surfaces would reduce plant efficiency by 15, @o 25 percent. In es-

sence, a fouling buildup visible to the, naked eye is unacceptable... Both

mechanical and chemical methods to prevent this buildup are contemplated.

Mechanical methods include introduction into the seawater system and

recovery of rubber balls with abr4qive coatings and use of mechanical brush

scrubbers. The effect on biota of these devices is similar to entrainment and

impingement effects.

Chemical methods for biofouling control include continuous or periodic

introduction of chlorine, chlorine dioxide, bromine or ozone into seawater

piping, heat exchangers, and pumps-o Chlorine is the most widely used chemical

for biofouling control. and. it can be produced directly from seawater. Current

Environmental Protection'Agency guidelines limit. chlorine levels in cooling

water discharges to approximately Q@l or 0.2 milligrams per liter. Under this

type of constraint, 3 700 kilograms per day of chlorine could be discharged into

surface seawater layers by a 40Q MWe OTEC plant. Modeling efforts show a chlorine

concentration at the centerline of the discharge plume from a 400 MWe plant of

0.03 mg./liter after 100 kilometers of downstream travel. Rowever, considerable

uncertainty exists as to the actual chemistry of this residual in seawater.

3.1.7. Working fluid leaks.

The most likely OTEC working fluid, is ammonia (NH3)- It is estimated that

the onboard inventory of ammonia for a 400 MWe OTEC electricity generating

plant would be about 10,000 cubic meters, or 2,460,0.00 gallons. If a large

sea-surface ammonia spill should occur, 40 percent would be released to the

atmosphere and 60 percent would dissolve in surface ocean waters. The dissolved

ammonia would form ammonium hydroxide, which will then dissociate into ammonium

and hydroxyl ions with a resulting increase in ambient pH value. Limited toxicity

data indicate inhibited photosynthesis in marine phytoplankton at'ammonia concen7

trations of 50 to 70 milligrams per liter of seawater.

3.1.8. Corrosion and erosion of metal surfaces.

OTEC plants are expected to require approximately 10 thousand square meters

of seawater heat exchanger surface for each megawatt of electrical capacity.

Thus a 400 MWe OTEC plant will need a total heat exchanger area of about 4 mil-

lion square meters. Potential heat exchanger materials include aluminum, titanium,

copper-nickel alloys, and stainless steel.

Available data indicate the toxicity of aluminum and titanium to marine

organisms is very low. Howeveir, copper has been shown to inhibit marine dino-

flagellate productivity at concentrations above 1,000 milligrams per liter.

Exposure-to 20 milligrams per liter for more than twenty hours has reduced growth

rates.

To produce a discharge concentration of I milligram per liter would require

daily loss of approximately 60 grams per square meter of heat exchanger surface.

Estimates are that actual release rates will be several orders of magnitude less

than this and no impactis expected.

3.1.9. Artificial reef effects

Finfish and shellfish often congregate around offshore structures and thus

OTEC platforms are expected to attract and provide habitat for large numbers of

organisms. Estimates of actual population numbers and species diversity must be

made on a site-specific and platform-specific basis.

Platform siting in relation to other uses of the outer continental shelf

and the high seas may increase! the likelihood of collisions between vessels and

the platform. This issue must: also be addressed on a site-specific basis.

3.1.10. Crew support system discharges

Manned OTEC platforms and plantships will dischArge laundry and galley

wastes as well as treated sanitary wastes, Estimating a crew size of 25

persons and a 200 gallons per day waste water load per person, the resulting

discharge of sewage, galley wastes, etc, would be 5,000 gallons per day. U.S.

Coast Guard and Environmental Protection Agency regulations apply and all

discharges would be treated in accordance with them, Since rapid mixing and

dilution will occur after discharge the environmental consequences are expect-

ed to be negligible.

3.1.11. Transfer of products and supplies

Crew members, supplies and provisions must be transfered to and from OTEC

electricity production facilities. Raw materials and manufactured products must

be moved to and from OTEC industrial facilities and plantships. These activities

will be subject to United States and international standards for safety and

pollution prevention. Potential accidental release rates will be estimated

from historical marine transportation data. Additional regulatory controls may

be necessary.

3.2. Direct Coastal Consequences

3.2.1. OTEC fabrication and deployment

Fabrication of OTEC facilities will involve increased activity at coastal,

shipyards and construction facilities with attendant increased demand for

housing and community services. Construction of onshore OTEC facilities will

involve site clearing, excavation, and grading as well as facility construction.

Deployment of floating OTEC "'acilities and cold water pipe may require construc-

tion of temporary staging sil:es in coastal locations close to deployment sites

for final assembly of platform components and cold water pipe. This activity

is analoguous to onshore activities associated with outer continental shelf

oil development. However, oTEC development will not proceed at the historical

pace of OCS activities and associated coastal impacts could be significantly

less.

3.2.2. Electrical transmission cables

Transmission of electrical power from an offshore OTEC,facility @o'the

onshore distribution grid will require use of submarine cables. These cables

will be buried beneath the seafloor for protection from fouling and bre akage due

to other marine activities such as trawling and anchoring. The transition from

the seafloor cable to the OTEC facility will require a riser cable capable of

withstanding stresses of currents, waves, and OTEC platform motions. -Navigation

aids and chart markings will. be required to minimize interference. Interrupting

devices will be required to stop electrical current flow in the event of cable

breakage.

Emplacement of submarine cables will produce environmental impacts similar

to those associated with pipeline emplacement. Local benthic scouringand tur-

bidity will occur along the cable route. Some surface turbidity will result

from trenching activities. These impacts are expected to be of short duration

and will be assessed in detail during evaluation of license applications.

3.2.3. Onshore electrical facilities

Electrical cable landfalls will be required for OTEC facilities moored

to or standing on the seabed. Placement of the'landfall will involve temporary

disruption of habitat in the intertidal and foreshore zones. The transition

from submarine cable to onshore transmission line may require construction of

a substation facility. Finally, if the OTEC facility is located more than 10

or 15 kilometers offshore, a facility for converting direct current to alter-

nating current for further distribution to the shoreside electrical grid may

be necessary. Direct current will be used for greater at-sea transmission

distances due to lower cable losses associated with direct current transmission.

3.2.4. Product pipelines

If ammonia or other liquid'or gaseous product is produced aboard an offshore

OTEC facility, it may be moved to shoreside markets by subsea pipeline. Impacts

of pipeline emplacement and operation will be similar to those associated with
A

current seabed pipeline technology, including temporary effects of pipeline

emplacement and impacts associated with operation, such as leaks and pipeline

breakage. As with electrical transmission cables, a detailed assessment of sub-

marine product pipeline impacts will be conduct@ed during review of specific license

applications.

3.2.5. Product processing facilities

If energy intensive products such as aluminum are manufactured aboard

OTEC pl4ntships, onshore processing facilities may also be required. For

example, an aluminum producing OTEC facility might require an onshore ore

processing mill to extract alumina from bauxite. If such a situation arises,

it will be dealt with in the license-specific environmental impact stat ement.

3.3. Cumulative, indirect, And long-term effects

3.3.1. Energy supply and demand
Cumulative incremental electricity demand for United States island'

states, commonwealths, and territories is expected to increase by 5,000

megawatts by the year 2000. OTEC is a renewable, non!-consumptive energy

technology. Each megawatt of electricity production diverted from oil based

to OTEC based on an annual ba31S yields a saving of 40 barrels per day of

oil consumption. Thus if all incremental islano demand were met by means of

OTEC, an annual savings of appr oximately 73 million barrels of oil would result.

Assuming most of this to be imported oil, an annual decrease in cost of oil

imports of over $2 billion wculd accrue, based on 1980 prices (in 1980 dollars).

As noted earlier, if post 1985 fertilizer demand increases were met by OTEC

ammonia production, an annual. savings of 12 billio n cubic feet of natural gas

would be realized for diversion to domestic and other industrial uses.

3.3.2. Global environmental effects

Carbon dioxide efflux to the atmosphere is a potential global effect of

widespread OTEC development. Carbon dioxide concentration in the atmosphere

is increasing. This increases the "greenhouse" effect of the Earth's atmosphere

and is postulated to result in an overall warming trend on the planet.

Assuming that all excess carbon dioxide above sea-surface saturation levels

is emitted to the atmosphere yields an estimate of about 2 million kilograms

per day of carbon dioxide release from a 400 MWe OTEC plant. This is likely

to be an over-estimate as some of the carbon dioxide in upwelled waters may be

taken up during increased surface water biological activity before it is released

to the atmosphere.

For comparison purposes, a 400 MWe coal fired powerplant would release

about 8.6 million kilograms per day of carbon dioxide to the atmosphere,

or over four times the maximum level projected for an equivalent OTEC plant.

aPPENDIX A

94 STAT. 974 PUBLIC LAW 96-320-AUG. 3,1980

Public Law 96-320
96th Congress
An Act
Aug. 3, 1980 To regulate commerce, promote energy self-sufficiency and protect the environ-
s.2492 mont by establishing procedures for the location. construction. and operation of
ocean thermal energy conversion facilities and plantships to produce electricity
and energy-intensive products off the coasts of the United States; to amend me
Merchant Marine Act. 1936, to make available certain financial assistance for
construction and operation of such facilities and plantships; and for other
Purposes.

Be it enacted by the Senate and House of Representatives of the
Ocean Thermai United States of America in congress assembled, That this Act May be
Energy cited as the "Ocean Thermal Energy Conversion Act of 1980"'.
Conversion, Act
of 1980. SEC. 2 DECLARAtion OF POLICY.
42 USC 9101
note. (a)It is declared to be the purposes of the Congress in this Act to-
42 USC 9101. (1) authorize and regulate the construction, location. owner-
ship, and operation of ocean thermal energy conversion facilities
connected to the United States by pipeline or cable, or located in
the territorial sea of the United States consistent with the
Convention on the High Seas, and general principles of interna-
tional law,
(2) authorize and regulate the construction, location, owner-
ship, and operation of ocean thermal energy conversion plant-
ships documented under the laws of the United States, consistent
with the Convention on the High Seas and general principles of
international law;
(3) authorize and regulate the construction, location, owner-
ship,and operation of ocean thermal energy conversion plant-
ships by United States citizens, consistent with the Convention
on the High Seas and general principles of international law-,
(4) establish a legal regime which will permit and encourage
the development of ocean thermal energy conversion as a com-
mercial energy technology,
(5) provide for the protection of the marine and coastal envi-
ronment, and consideration of the interests of ocean users, to
prevent or minimize any adverse impact which might occur as a
consequence of the development of such ocean thermal energy
conversion facilities or plantships;
(6) make applicable certain provisions of the Merchant Marine
Act, 1936 (46 u.S.C. 1177 et seq.) to assist in financing of ocean
thermal energy conversion facilities and plantships;
(7) protect the interests of the United States in the location,
construction, and operation of ocean thermal energy conversion
facilities and plantships; and
(8) protect the rights and responsibilities of adjacent coastal
States in ensuring that Federal actions are consistent with
approved State coastal zone management programs and other
applicable State and local laws.
(b) The Congress declares that nothing in this Act shall be con-
strued to affect the legal status of the high sea , the superjacent
airspace, or the seabed and subsoil, including the Continental Shelf.

A-1

PUBLIC LAW 96-320-AUG. 3,1980 94 STAT. 975

SEC 3. DEFINITIONS. 42 USC 9102
As used in this Act, unless the context otherwise requires, the
term--
(1) "adjacent coastal State" mean any coastal State which is
required to be designated as such by section 105(a)(1) of this Act
or is designated as such by the Administrator in accordance, with
section 105(a)(2) of this Act;
(2) "Administrator" mean the Administrator of the National
Oceanic and Atmospheric Administration;
(3) "antitrust laws" includes the Act of July 2, 1890, as
amended, the Act of October 15, 1914, as amended, and sections
73 and 74 of the Act of August 27,1894, as amended; 15USCI,12,&9.
(4) "application" means any application submitted under this
Act (A) for issuance of a license for the ownership, construction,
and operation of an ocean thermal energy conversion facility or
plantship;(B) for transfer or renewal of any such license, or (C)
for any substantial change in any of the conditions and provi-
sions of any such license;
(5) "coastal State" mean a State in, or bordering on, the
Atlantic, Pacific, or Arctic Ocean. the Gulf of Mexico, Long
Island Sound, or one or more of the Great Lakes;
(6) "construction" mean any activities conducted at sea to
supervise, inspect, actually build, or perform other functions
incidental to the building, repairing, or expanding of an ocean
thermal energy conversion facility or plantship or any of its
components, including but not limited to, piledriving, emplace-
ment of mooring devices, emplacement of cables and pipelines,
and deployment of the cold water pipe, and alterations, modifica-
tions, or additions to an ocean thermal energy conversion facility
or plantship;
(7)"facility" means an ocean thermal energy conversion
facility;
(8) "Governor" means the Governor of a State or the person
designated by law to exercise the powers granted to the Governor
pursuant to this Act-,
(9) "high seas" means that part of the oceans lying seaward of
the territorial sea of the United States and outside the territorial
sea, as recognized by the United States, of any other nation;
(10) "licensee" means the holder of a valid license for the
ownership, construction, and operation of an ocean thermal
energy conversion facility or plantship that was issued,trans-
ferred, or renewed pursuant to this Act;
(11) "ocean thermal energy conversion facility" means any
facility which is standing or moored in or beyond the territorial
sea of the United States and which is designed to use tempera-
ture differences in ocean water to produce electricity or another
form of energy capable of being used directly to perform work.
and includes any equipment in stalled on such facility to use such
electricity or other form of energy to produce, process, refine, or
manufacture a product, and any cable or pipeline used to deliver
such electricity, freshwater, or product to shore, and all other
associated equipment and appurtenances of such facility, to the
extent they are ocated seaward of the highwater mark;
(12) "ocean thermal energy conversion plantship" mean any
vessel which is designed to use temperature differences in ocean
water while floating unmoored or moving through such water, to
produce electricity or another form of energy capable of being
used directly to perform work, and includes any equipment

A-2

94 STAT. 976 PUBLIC LAW 96-320--AUG. 3,1980

installed on such vessel to use such electricity or other form of
energy yp produce, process, refine, or manufacture a product, and
any equipment used to transfer such product to other vessels for
transportation to users, and all other associated equipment and
appurtenances of such vessel;
(13) "plantship" means an ocean thermal energy conversion
plantship;
(14) "Person" mean any individual (whether or not a citizen of
the United States), any corporation, partnership, association, or
other entity organized or existing under the laws of any nation,
and any Federal, State, local or foreign government or any entity
of any such government;
(15) "State" means each the several States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa,
the United States Virgin Islands, Guam, the Commonwealth of
the Northern Marinas, and any other Commonwealth, terri-
tory, or possession over which the United States has jurisdiction;
(16) "test platform" means any floating or moored platform,
barge, ship, or other vessel which is designed for limited-scale, at
sea operation in order to test or evaluate the operation of
components or all of an ocean thermal energy conversion system
and which will not operate as an ocean thermal engergy conver-
sion facility or plantship after the conclusion of such tests or
evaluation;
(17) "thermal plume" means the area of the ocean in which a
significant difference in tempature, as defined in regulations
by the Administrator, occurs as a result "of the operation of an
ocean thermal engergy conversion facility or plantship; and
(18) "United States citizen" means (A) any individual who is a
citizen of the United States by law, birth, or naturalization; (B)
any Federal, State, or local government in the United States, or
any entity of any such government; or (C) any corporation, a n qw qc no more directors
partnership, association, or other entity, organized or existing
under the laws of the United States, or any any State, which has as
its president or other executive officer and as its chairman of the
board of directors, or holder of similar office, an individual who is
a United States citizen and which has no more of its directors
who are not United States citizens than constitute a miniority of
the number required for a quorum necessary to conduct the
business of the board.

TITLE-1-REGULATION OF OCEAN THERMAL ENERGY
CONVERSION FACILITIES AND PLANTSHIPS
42 USC 9111. Sec. 101. LICENSE FOR THE OWNERSHIP, CONSTRUCTION. AND OPER-
ATION OF AN OCEAN THERMAL ENERGY CONVERSION
FACUILITY OR PLANTSHIP.
(a) No person may engage in the ownership, construction, or h6qmqin the ownership, construction. qqqr
operation of an ocean thermal engery conversion facility which is
documented under the laws of the United States, or which is located in
the territorial sea of the United States, or wiich is connected to the
United States by pipeline or cable, except in accordance with the pe e or cab e, except in accordance with a
license issued pursuant to this Act. No citizen of the United States
may engage in the ownership, construction or operation of an ocean
thermal energy conversion plantship except in accordance with a
license issued pursuant to this Act, or in accordance with a license
issued by a foreign nation whose licenses are found by the Adminis-

A- 3

PUBLIC LAW 96-320-AUG. 3,1980 94 STAT. 977

trator, after consultation with the Secretary of State, to be compati-
ble with licenses issued pursuant to this Act.
(b) The Administrator shall, upon application and in accordance
with the provislons of this Act, issue, transfer, amend, or renew
licenses for the ownership, constructio7a, and operation of-
(1) ocean thermal enp-gy conversion plantships documented
under the laws of the United States, and
(2) ocean thermal enargy conversion facilities documented
under the laws of the United States, located in the territorial sea
of the United States, or connected to the United States by
pipeline or cable.
(c) The Administrator may issue a license to a citizen of the United Licenm
States in accordance with the provisions of this Act unless- MM"
(1) he determines that the applicant cannot and will not
comply with applicable laws, regulations, and license conditions;
(2) he determines that the constxuction and operation of the
ocean thermal energy conversion facility or plantship will not be
in the national interest and consistent with national security and
other national policy goals and objectives, including energy self-
sufficiency and environmental quality;
(3) he determines, after consultation with the Secretary of the
department in which the Coast Guard is operating, that the
ocean thermal energy conversion facility or plantship will not be
operated with reasonable regard to the freedom of navigation or
other reasonable uses of the high seas and authorized uses of the
Continental Shelf, as defined by United States law, treaty,
convention, or customary international law,
(4) he has been informed, within 45 days after the conclusion of
public hearings on that application, or on proposed licenses for
the designated application area, by the Administrator of the
Environmental Protection Agency that the ocean thermal
energy conversion facility or I tshi will not conform with all
applicable provisions of any ='for wPhich he has enforcement
authority-, - 1
(5) he has received the opinion of the Attorney General,
pursuant to section 104 of this Act, stating that issuance of the
license would create a situation in violation of the antitrust laws,
or the 90-day period provided in section 104 has expired;
(6) he has consulted with the Secretary of Energy, the Secre-
tary of Transportation, the Secretary of State, the Secretary of
the Interior, and the Secretary of Defense, to determine their
views on, the adequacy of the application, and its effect on
programs within their respective jurisdictions and determines on
the basis thereof, that the application for license is inadequate;
(7) the proposed ocezn thermal energy conversion facility or
9
laintship will not be documented under the laws of the United
tates;
(8) the applicant has -not agreed to the condition that no vessel
may be used for the tranEportation to the United States of things
produced, processe@. rcr;ned, or manufactured at the ocean
thermal energy conveision facility or plantship unless such
vessel is documented under the laws of the United States;
(9) when the i-f-r an ocean thermal energy conversion
facility, he determines tn'@,L Lhe facility, including any submarine
electric transmission cables and equipment or pipelines which
are components of the facility, will not be located and designed so
as to minimize iiitarfererLe with other uses of the high seas or

A-4

94 STAT. 978 PUBLIC LAW 96-820-AUG. 3, 1980
the Continental Shelf, including cables or pipelines already in
position on or in the seabed and the possibility of their repair,
(10) the Governor of each adjacent coastal State with an
approved coastal zone management program in good standing
pursuant to the Coastal Zone Management Act of 1972 (33 U.S.C.
1451 et seq.) determines that, in his or her view, the application is
inadequate or inconsistent with respect to programs within his or
her jurisdiction;
(11) when the license is for an ocean thermal energy conversion
facility, he determines that the thermal plume of the facility is
expected to impinge on so as to degrade the thermal gradient
used by any other ocen therma energy conversion facility
already licensed or operating, witout the consent of its owner;
(12) when the license is for ocean thermal energy conversion
facility, he determines that the thermal plume of the facility is
expected to impinge on so as to adversely affect the territorial sea
or area of national resource jurisdiction as recognized by the
United States, of any other nation, unless the Secretary of State
approves such impingement after consultation with such nation;
(13) when the license is for an ocean thermal energy conversion
plantship, he determines that the applicant has not provided
adequate assurance that the plantship will be operated in such a
way as to prevent its thermal plume from impinging on so as to
degrade the thermal gradient used by any other ocean thermal
energy conversion facility or plantship without the consent of its
owner, and from impinging on so as to adversely affect the
territorial sea or area of national resource jurisdiction, as recog-
nized by the United States, of any other nation unless the
Secretary of State approves such impingement after consultation with such nation; and
(14) when a regulation has been adopted which places an upper
limit on the number or total capacity of ocean thermal energy
conversion facilities or plantships to be licensed under this Act
fpr simultaneous operation, either overall or within specific
geographic areas, pursuant to a determination under the provi-
sions of section 107(b)(4) of this Act, issuance of the license will
cause such upper limit to be exceeded.
Issuance (d)(1) In issuing a license for the ownership, construction, and
conditions. operation of an ocean thermal energy conversion facility or plant-
ship, the Administrator shall prescribe conditions which he deems
necessary to carry out the provisions of this Act, or which are
otherwise required by any Federal department or agency pursuant to
the terms of this Act.
Written (2) No license shall be issued, transferred, or renewed under this
agreement of Act unless the licensee or transferee first agrees in writing that (A.)
compliance. there will be no substantial change from the plans, operational
systems, and methods, procedures, and safeguards set forth in his
application, as approved, without prior approval in writing from the
Administrator, and (B) he will comply with conditions the Adminis-
trator may prescribe in accordance with the provisions of this Act.
Disposal or (3) The Administrator shall establish such bond requirements or
removal other assurance as he deems necessary to assure that, upon the
requirements. renovation, termination, relinquishment, or surrender of a lecense,
the licensee will dispose of or remove all components of the ocean
thermal energy conversion facility or plantship as directed by the
Waiver. Administrator. In the case of components which another applicant or
licensee desires to use, the Administrator may waive the disposal or
removal requirements until he has reached a decision on the applica-

PLIBLIC LAW 96-320-AUG. 3,1980 94 STAT. 979

tion. In the case of components lying on or below the seabecL the
Administmtor.may waive the disposal or removal requirements if he
finds that such removal is -not otherwise - necessa ry and that. the
remaining compone nts do not constitute any threat to.the environ-
ment, navigation, A-g, or other uses of the.seabed.
(e) 'Upon a'pplication',.,a license issued under' this Act may.be License transfer-
transferred if the Administrator determines that su6h-transfer.is 'in
the-public interest.and that the,transferee meets the requirements of
this Act,and-the prerequisites to,issuance under subsection (c) of-this
section.
(f) Any United States citizen who otherwisejual'ifie err the
lie ;Td
terms:of this Act shall be eligible to -be issu e% fo the
ownership, construction, and operation.of an ocean thermal energy
conversion facility or pLlanphi
(g) Licenses issued er L Act. shall be for a term of -not to License term ;Lnd
exceed 25 years. Each licensee shall have a pref tial
eren right to renewal.
renew his license subject to the requirements of subsection (c) of this
section, upon such conditions and for such -term, not to exceed an
additional 10 years upon each renewal, as the Administrator deter-
mines to be reasonable and qppropria6@
SEC..102. PROCEDURE 42 USC. 9112.
(a) The Administrator shall, after consultation.with the Secretary P-gulations.
of Energy and the heads of other Federal agencies, issue -regulations
to carry out the purposes and provisions of this Act, in accordance
with the provisions" of section 553:of title 5, United States Code,
without regard to subsection (a) thereof. Such regulations shall
pertain to, -but need -not be limited to, application for issuance,
transfer, renewal, suspension, and termination of -licenses. Such
regulations shall provide for full consultation and cooperation with
all other interested Federal agencies and departments and with any
Potentially affected coastal State, and f1orconsideration of the views
The Administrator
of any interested members.of the generalpublic.
is further authorized, consistent with the -purposes and provisions of
this Act, .to amend or rescind any such regulation. The Administrator
shall complete issuance of final regulations to implement -this Act
within 1 year of the date of its enactment.
(b) The Administrator, in consultation with the @Secretary of the Consultation-
Interior and the Secretary of the department in which the Coast
Guard is operating may, if he determines itto be riecessary,prescribe
regulations consistent w1ith.the purposes of this Act, relatingto those
activities in site evaluation and preconstruction testing at potential
ocean thermal energy conversion facility or planiship locations that
may (1) adversely affect the environment; (2) interfere with other
reasonable uses of the highs@pas or with authorized uses of the Outer
Continental Shelf, or (3) pose a threat to human health and safety. If
the Administrator prescribes regulations relating to such activities,
such activities may not be undertaken after the effective date of such
regulations except in accordance therewith.
(c) Not later than 60 days after the dateof enactment of this A Expertise or
ct, statutory
the Secretary of Energy, the Administrator of the Environmental responsibility
Protection Agency, the Secretary of the department in which the descriptions.
Coast Guard is operating, the Secretary of the Interior, the Chief of
Engineers of the United States Army Corps of Enlpin@ers, and the
heads of any other Federal departments or agencies having expertise
concerning
or jurisdiction over, any aspect of the construction or
operation of ocean therm al energy conversion facilities or plantships,
shall transmit to the Administrator written description of their

A-6

94 STAT. 980 PUBLIC LAW 96-320-AUG. 3,1980
rtory responsibilities pursuant to this Act or any
e 'se
0Ye L
t 73ed
Application d)(1) Within 21 days after the receipt of an application, the
receipt and
Douce. Administrator shall determine whether the application appears to
contain. all of the information required by paragra h (2) of this
Publication in subsection. If the Administrator determines that sucK information
Federal
Register. appears to be contained in the application, the Administrator shall.
no later than 5 days after making such a determination, publish
notice of the application and a summary of the plans in the Federal
RegistA.@r- If the Administrator determines that all of the required
information does not appear to be contained in the application, the
Administrator shall notify the applicant and take no further action
vnth respect to the application until such deficiencies have been
remedied.
(2) Each application shall include such financial, technical. and
Other information as the Administrator determines by regulation to
be necimsary or appropriate to process the license pursuant to section
101.
Area (eXI) At the time notice of an application for an ocean thermal
description, energy conversion facility is published pursusint to subsection (d) of
ublication in
Fedmo this section, the Administrator shall publish a description in the
Register. FedenLl Register of an application area encompassing the site pro-
posed *in the application for such facility and within which the
thermal plume ot o ne ocean thermal energy conversion facility might
impinge-on so
be expected to i as to degrade the thermal gradient used
by another ocean thermal energy conversion facility, unless the
application is for a license for an ocean thermal energy conversion
facility to be located within an application area which has already
been 8Lesignated.
Additional (2) The Acirnini tor shall accompany such publication with a call
license for submission of any other applications for licen for the owner-
applicationc ship, construction, and operation of an ocean thermal energy conver-
kon fiicility within the d ted ap lication area. Any person
C
intending to file such an app 'cation sim submit a notice of intent to
file an application to the Administrator not later than 60 days after
the publication of notice pursuant to subsection (d) of this section, and
shall submit the completed application no later than 90 days after
publication of such notice. The Administrator shall publish notice of
any such application received in accordance with subsection (d) of
this section. No application for a license for the ownership, construc-
tion, and operation of an ocean thermal energy conversion facility
within the designated application area for which a notice of intent to
file was received after such 60-da or which is received after
such 90-d% period has ela, sed, :MN considered until action has
been'comp eted on all time y filed applications pending with re@pect
to such application area.
(f) Am application filed with the Administrator shall constitute an
application for all Federal authorizations required for ownership,
construction, and operation of an ocean thermal energy conversion
facility or plantship, except for authorizations required by documen-
tal.." o:a, inspection, certification, construction, and manning laws and
regu,@ations administered by the Secretary of the department in
Application which the Coast Guard is operating. At the time notice of any
Copies-
apph.cation is published pursuant to subsection (d) of this sectim the
Administrator shall forward a copy of such application to those
F-@-rnl agencies and department3 with jurisdiction over any aspect
Of SULh ownership, construction, or operation for comment, review, or
recommendation as to conditions and for such other action as may be.

A-7

PUBLIC LAW 96-320-AUG. 3,1980 94 STAT. 981

required by law. Each agency or department involved shall review Application
review.
the applicationand, based upon legal considerations within its area
of responsibility, recommend to the Administrator the approval or
after public
section. In
disapproval,
tion does
of Tresponsi-
in which the
app on may" amen or Me con on so as to bring
it into compliance with the law or regulation involved.
(g) A license may be issued, transferred, or renewed only after Notice,
comments, and
public notice, opportunity for commebt, and public hearings in heafingL
accordance with this subsection. At least one such public hearin
shall be held in the District of Columbia and in any adjacent
State to which a facility is proposed to be directly connected by
pipeline or electric transmission De
cable. Any interested rson may
present relevant material at any such hearing. After the hearings
required by this subsection are concluded, if the Administrator
determines that there exist one or more specific and material factual
issues which may beresolved by a formal evidentiary hearing, at
least one adjudicatory hearing shall be held in the District of
Columbia in accordance with the provisions of section 554 of title 5,
United States Code. The record developed in any such adjudicatory Record-
hearing shall be part of the basis for the Administrator's decision to
approve or deny a license. Hearings held pursilsint to this subsection Consolidation of
shall be consolidated insofar as practicable with hearings held by heann9L
other agencies. All public hearings on all applications with respect to
facilities for any designated application area shall be consolidated r
and shall be concluded not later'than 240 days after notice of the
initial application has been published pursuant to subsection (d) of
this section. All public hearin on applications with respect to ocean
thermal energy conversion plantships shall be concluded not later
than 240 days after notice of the application has been published
L
pursuant to subsection (d) of this secti6f
(h) Each person applying for a license pursuant to this Act Shall Application fee.
remit to the Administrator at the time the application is Med a
7 nonrefundable application fee, which shall be deposited into miscella-
of the Treasury. The amount of the fee shall be
neous receipts
established b regulation by the Administrator, and shall reflect the
reasonable aL iMsit=ve costs incurred in reviewi n'-'g and processing
the application.
Application
(iXI) The Administrator shall approve or deny any timely filed ap
application with respect to a facility for a designated application area .=,,I or
submitted in accordance -with the provision of this Act not later than
90 days after public beatings on proposed licenses,for that area are
concluded pursuant to stibsection (g) of this section. The Administra-
tor shall approve or deny an aj3phcatw*n for a license for ownership,
construction, and operation of an ocean thermal energy conversion
plantship submitted pursuant to this Act no later than 90 days after
the public hearings on that application are concluded pursuant to
subsection (g) of this section.
(2) In the event more than one application for a license for Applications for
ownersl@ip, construction, and operation of an oceiiiithermal energy e
conversion facility is submitted pursuant to this Act for the same
designated application area, the Administrator, unless one or a
specific combination of the proposed facilities clearly best serves the

5--139 0 - 80 - 2 4147)
A- 8
a
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p
ear
y:a in
it sh 11 set
n
9t
. m I
bIlIty an
avvljcatjon

982 PUBLIC LAW 96-320-AUG. 3, 1980

national interest, shall make decisions on license applications ip the
order inwhich they were submitted to him.
Facility (3) In determining whether any one or a specific combiniti
. qn. of the
66ioctioal. proposed ocean thermal energy conversion facilities clearly best
do* serves the national interest, the Administrator, in consultation with
the Secretary of Energy, shall consider the following factaw
(A) the goal of making the greatest possible W of ocean
thermal energy conversion by installing me larg"'t **ItY
practicable in each application area
(B) the amount of net energy impact of each of t#'p'propmed
ocean thermal energy conversion facilities;
(0 the degree to which the proposed ocean thermal energy
conversion facilities will affect the enviro
(D) any significant differepces between anticipated dates and
commencement of operation of the proposed ocean'thermal
energy conversion facilities; and
(E) an differences in costs of construction and op!Fs on of the
pro,= ocean thermal energy conversion facilitiei, to the
extmt that such differentials may significantly affect, the ulti-
mate cost of energy or products to fhe consumer.
U4C 9113. SEC 103. PROTECrION OF SUBMARINE ELECMC TRANSMISSION CABLES
AND EQUEPMEM.
and (a) Any person who shall willfully and wrongfully break or injure,
or attempt to break or injure, or who shall 'in any manner procure,
counsel., aid, abet, or be accessory to such breaking or injury, or
attempt to break or injure, any submarine electric transmission cable
or equipment being constructed or operated under a license issued
pursuant to this Act shall be guilty of a misdemeanor and, on
conviclion thereof, shall be liable to imprisonment for a term not
exceeding 2 years, or to a fine not exceeding $5,000, or to both fine and
impris:)nment, at the discretion of the court.
(b) Any person who by culpable negligence shall break or injure
any submarine electric transmission cable or equipment being con-
structed or operated under a license issued pursuant to this Act shall
be guilty of a misdemeanor and, on conviction thereof, shall be liable
to imprisonment for a term not exceeding 3 months, or to a fine not
exceecUng $500, or to both fine and imprisonment, at the discretion of
the court.
(c) The provisions of subsections (a) and (b) of this section shall not
apply to any person who, after having taken all necessary precau-
tions to avoid such breaking or injury, breaks or injures any subma-
rine electric transmission cable or equipment in an effort to save the
life or- limb of himself or of any other person, or to save his own or any
othervessel.
Suit for (d)'The penalties pTovided in subsections (a) and (b) of this section
"Maw. for the breaking or injury of any submarine electric transmission
cable or equipment shall not be a bar to a suit for damages on account
of such breaking or injury.
Indemnity. (e) Whenever any vessel sacrifices any anchor, fishing net, or other
fishing gear to avoid injuring any submarine electric transmission
cable! or equipment being constructed or operated under. a license
issued pursuant to this Act, the licensee shall indemnify"tht owner of
such vessel for the items sacrificed: Provided, That the owner of the
vessel had taken all reasonable precautionary measures beforebancL
Repair OWL (f) Any licensee who causes any break in or injury to any submArine
cable or pipeline of any type shall bear the cost of ihe repairs.

A- 9

PUBLIC LAW 96-320-AUG. 3 1980 94 STAT. 983

SEC 104. ANTITRUST REVIEW. 42 USC 9114.
(a) Whenever any application for issuance, transfer, or renewal of Application
any license is received, the Administrator shall transmit promptly to copy.
the Attorney General a complete copy of such application. Within 90 tramsmittal to
days of the receipt of the application, the Attorney General shall Attorney
conduct such antitrust review of the application as he deems appro- General
priate, and submit to the Administrator any advice or recommenda-
tions he deems advisable to avoid any action upon such application b
the Administrator which would create a situation inconsistent with
the antitrust laws. If the Attorney General fails to file such views
within the 90-day period, the Administrator shall proceed as if such
views had been received. The Administrator shall not issue, transfer,
or renew the license during the 90 day period, except upon written
confirmation by the Attorney General that he does not intend to
submit any further advice or recommendation on the application
during such period.
(b) The issuance of a license under this Act shall not be admissible
in any way as a defense to any civil or criminal action for violation of
the antitrust laws of the United States, nor shall it in any way modify
or abridge any private right of action under such laws. Nothing in
this section shall be construed to bar the Attorney General or the
Federal Trade Commission from challenging any anticompetitive
situation involved in the ownership, construction, or operation of an
ocean thermal energy conversion facility or plantship.
SEC. 105. ADJACENT COASTAL STATES. 42 USC 9115.
(a)(l) The Administrator, in issuing notice of application pursuant
to section 102(d) of this title, shall designate as an "adjacent coastal
State" any coastal State which (A) would be directly connected by
electric transmission cable or pipeline to an ocean thermal energy
conversion facility as proposed in an application, or (B) in whose
waters any part of such proposed ocean thermal energy conversion
facility would be located, or (C) in whose waters an ocean thermal
energy conversion plantship would be operated as proposed in an
application.
(2) The Administrator shall,upon request of a State, designate such
State as an "adjacent coastal State" if he determines that (A) there is
a risk of damage to the coastal environment of such State equal to or
greater than the risk posed to a State required to be designated as an
"adjacent coastal State" by paragraph (1)of this subsection or (B)that
the thermal plume of the proposed ocean thermal energy conversion
facility or plantship is likely to impinge on so as to degrade the
thermal gradient at possible locations for ocean thermal energy
conversion fafcilities which could reasonable be expected to be
directly connected by electric transmission cable or piperline to such
State. This paragraph shall apply only with respect to requests made Publication in
by a State or later than the 14h day after the date of publication of Federal
notice of application for a proposed ocean thermal energy conversion Register.
facility in the Federal Register in accordance with section 102(d) of State Governor.
this title. The Administrator shall make any designation required by
this paragraph not later than the 45th day after the date he receives
such a request from a State.
(b)(l) Not later than 5 days after the designation of adjacent coastal Application
State pursuant to this section, the Administrator shall transmit a copy,
complete copy of the application to the Governor of such State. The transmittal to State Governor.
Administrator shall not issue a license without consultation with the State Governor.
Governor of each adjacent coastal State which has an approved
coastal zone management program in good standing pursuant to the

A-10

94 STAT. 984 PUBLIC LAW 96-320--AUG. 3,1980

Coasial Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). If the
Governor of such a State has not transmitted his approval or
disapproval to the Administrator by the 45th day after public
hearings on the application is concluded pursuant to section 102(g) of
this title, such - approval shall be conclusively presumed. If the
Governor of such a State notifies the Administrator that an applica
tion which the Governor would otherwise approve pursuant to this
paragraph is inconsistent in some respect with the State's coastal
zone management program, the Administrator shallconaition the
license granted so as to make it consistent with such State program.
(2) Any adjacent coastal State which does not have an approved
coastal zone management program in good standing, and any other
interested State, shall have the opportunity to make its views Itnown
to, Emd to have them given f4ll consideration by, the Administrator
regarding the location, construction, and operation of an ocean
thermal energy conversion faOlity or plantship.
Agreement or (c) The consent of Congress is given to 2 or more States to negotiate
Scoin and enter into agreements or compacts, not in conflict with any law
between or treaty of the United States, (1) to apply for a license for the
ownership, construction, and operation ot an ocean thermal energy
conversion facility or plantship or for the transfer of such a license,
and (2) to establish such agencies, joint or otherwise, as are deemed
necessary or appropriate for implementing and carrying out the
Provisions of any such agreement or compact. Such agreement or
compact shall be binding and obligatory upon any State or other
party thereto without -- ther approval by the Congre&L
42 USC 9116. SEC- 106. DIUGENCE REQUIRENMNM
ReguiationL (a) The Administrator shall promulgate regulations requiring each
licensee to pursue diligently the conamction and operation of the
ocean thermal energy conversion facility or plantship to which the
license applies.
(b) If the Administrator determines that a licensee is not pursuing
termination. diligently the construction and operation of the ocean thermal energy
conversion facility or plantship to which the license applies, or that
the project has apparently been abandoned, the Administrator shall
cause proceedings to be -instituted under section 111 of this title to
terminate the license.
42 IUSC 9117. SEC. 107. PRUMMON OF THE EMMONMENT.
Environmental . (a) The Administrator shall initiate a program to assess the effects
aftessment on the environment of ocean thermal energy conversion facilities and
program. piantships. The program shall include baseline studies of locations
where ocean thermal energy conversion facilities or plantships are
likely to be sited or operated; and research;'and monitoring of the
effects of ocean thermal energy conversion facilities and plantships
ia actual operation. The Purpose of the program shall be'to assess the
environmental effects of individual ocean thermal energy facilities
aLud plantships, and to assess the magnitude of any cumulative
environmental effects of large numbers of ocealm thermal energy
14cilities and plantships.
(b) The program sh-all be designed to determine, among other
Ibings-
(1) any short-term and long-term effects on the environment
which may occur as a result of the operation of ocean thermal
energy conversion facilities and plantships;
(2) the nature and magnitude of any oceanographic, atmos.
pheric, weather, climatic, or biological changes in the environ-

A-11

PUBLIC LAW 96-320-AUG. 3, 1980 94 STAT. 985

ment which may occur as a result of deployment and operation of
large numbers of ocean thermal energy conversion facilities and
plantships;
(3) the nature and magnitude of any oceanographic, biological
or other changes in the environment which may occur as a result
of the operation of electric transmission cables and equipment
located in the water colilmn or on or in the seabed, including the
hazards of accidentally severed transmission cables; and
(4) whether the magnitude of one or more of the cumulative
environmental effects of deployment and operation of large
numbers of ocean thermal energy conversion facilities and plant-
ships requires that an upper limit be placed on the number or
total capacity of such facilities or plantships to be licensed under
this Art for simultaneous operation, either overall or within
specific geographic areas
(c) Within 180 days after enactment of this Act, the Administrator Plan submittal
shall prepare a plan to carry out the program described in subsec- to CMWWL
tions (a) and (b) of this section, including necessary funding levels for
the next 5 fiscal years, and submit the plan to the Congress.
(d) The program established by subsections (a) and (b) of this section
shall be reduced to the minim= necessary to perform baseline
studies and to analyze monitoring data, when the Administrator
determines that the program has resulted in sufficient knowledge to
make the determinations enumerated in subsection (b) of this section
with an acceptable level of confidence.
(e) The issuance of any license for ownership, construction, and
operation @of an ocean thermal energy conversion facility or plantship
shall be deemed to be a major Federal action significantly affecting
'the quality of the human environment for purposes of section
102(2XC) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2XC)). For all timely applications covering proposed facilities in Envimnmental
a single application area, and for each application relating to a 'Pac'
proposed plantship, the Admini trator shall, pursuant to such section Statment
102(2XC) and in cooperation with other involved Federal agencies and
departments, prepare a single environmental impact statement,
which shall fulfill the requirement of all Federal agencies in carrying
out their responsibilities pursuant to this Act to prepare an environ-
mental impact statement. Each such draft environmental impact
statement relating to proposed facilities shall be prepared and
published within 180 days after notice of the initial application has
been published pursuant to section 102(d) of this title. Each such draft AntA p- 979-
environmental impact statement relating to a proposed plantship
otice of the
of this title.
ablished not Heahng&
earings are
Tninistrator
or final
environmental impact statement to a later specified tim for good-
cause shown in writing.
(f) An ocean thermal energy conversion facility or plantship Vmel or
licentea- under this title shall be deemed not to be a "vessel or other floaww =a&
floating craft" for the purposes of section 502(12)(B) of the Federal
Water Pollution Control Act of 1972 (33 U.S.C. 1362(12)(B)).

59-139 0 - so 3 (147) A-12
be

E
P r
ac
late
concl
may ften

94 STAT. 986 PUBLJC LAW 96-320-AUG. 3,1980

42 USC 9118. SEC. 10& MARINE ENVIRONMENTAL PROTECTION AND SAFETY OF LIFE
AND PROPERTY AT SKA.
(a) The Secretary.of the department in which the Coast Guard is
op,-rating shalL subject to recognized principles of international law,
princribe by regulation and enforce procedures with respect to any
ocean thermal energy conversion facility or plantship licensed under
Lh@s Act, including, but not limited to, rules governing vessel move-
ment, procedures for transfer of materials between s 'uch a facility or
plantship and transport vessels, designation and marking of anchor-
age areas, maintenance, law enforcement, and the equipment, train-
ing, and maintenance required (1) to promote the safety of life and
property at sea, (2) to prevent pollution of the marine environment,
@3) to clean up any Pollutants which may be discharged, and (4) to
otiierwise prevent or minimize any adverse impact from the construc-
tion and operation of such ocean thermal energy conversion facility
or tshi
Regulations. 9)aTnhe tcretary of the department in which the Coast Guard is
recognized
and other
lating to the
alenergy

t of such an
accordance
with applicab regulations, the Secre f the department in
which the Co Guard is operating shall rn S h components for
the protection f navigation, and the licensee s I pay the cost of
such marking.
Safety zone. (dXl) Subject to recognized principles of "international law and after
Consultation with the Secretary of Commerce, the Secretary of the
hiterior, the Secretary of State, and the Secretary of Defense, the
Secretary of the department in which the Coast Guard is operating
shall designate a zone of appropriate size around and inclucling any
ocean thermal energy conversion facility licensed under this Act and
A L may designate such a zone around and including any ocean thermal
.xn_ign p
AV' ener Jantship licensed under this Act for the purposes
'If. ety and protection of the facility or plantship.
e o the department in which the Coast Guard is
operating is by regulation define permitted activities within such
zone cons nt with the purpose for which it was designated. The
,qecretary of the department in which the Coast Guard is operating
shall, not later than 30 days after publication of notice pursuant to
s3ction 102(d) of this title, designate such safety zone with respect to
any proposed ocean thermal energy conversion facility or plantship.
Rules and (29) In addition to any other regulations, the Secretary of the
regulations department in which the Coast Guard is operating is auth6raied, in
eLccordance with this subsection, to establish a safety zone to be
effective during the period of construction of an ocean thermal
energy conversion facility lantship licensed under this Act, and to
issue rules and regulatioUrrepiting thereto.
RegWations. (eXI) The Secretary of the department in which the Coast Guard is
enforcement aad
ooxapliance. operating shall, promulgate and enforce regulations specified in
ragraph (2) of this subsection and such other regulations as -he
deems necessary concerning the documentation, design, construction,
idteration, equipment, maintenance, repair, inspection, certification,
;,-.nd manning of ocean thermal energy conversion facilities and
I
. lantships. In addition to other requirements prescribed under those
rlegulations, the Secretary of the department in which the Coast

A-13
2v clon

S-e-S@cr@ @o
hail

PUBLIC LAW 96-320-AUG. 3,1980 94 STAT. 987

Guard is operating may require compliance with those vessel docu-
mentation, inspection, and manning laws which he determines to be
te
aTr)o Mi 1 year after the date of enactment of this Act, the Facility or
Secretary of the department in which the Coast Guard is ope plantship
rating requirements.
shall promulgate regulations under paragraph (1) of this subsection Regulations.
which require that any ocean thermal energy conversion facility or
plantship-
(A) be documented;
(B) comply with minimum standards of design, construction,
alteration, and repair; and
(C) be manned or crewed by United States citizens or aliens
lawfully admitted to the United States for permanent residence,
unless-
(D there is not a sufficient number of United States
citizens, or aliens lawfully admitted to the United States for
permanent residence, qualified and available for such work,
or
(ii) the President makes a specific finding, with respect to
the particular vessel, platf6rm, or moored or standing struc-
ture, that application of this requirement would not be
consistent with the national interest.
(3) For the purposes of the documentation laws, for which compli-
ance is required under paragraph (1) of this subsection, ocean
thermal energy conversion facilities and plantships shall be deemed
to be vessels and, if documented, vessels of the United States for the
purposes of the Ship Mortgage Act, 1920 (46 U.S.C. 911-984).
(f) Sub ect to recognized principles of international law, the Secre-
department in which the Coast Guard is operating shall
prc6uigate and enforce such regulations as he deems necessary to
protect navigation in the vicinity of a vessel engaged in the installa-
tion, repair, or maintenance of any submarine electric transmission
cable or equipment, and to govern the markings and signals used by
such a vessel.
SEC. 109. PREVENTION OF INTERFERENCE WITH OTHER USES OF THE 42 USC 9119.
HIGH SEAS.
(a) Each license shall include such conditions as may be necessary
and appropriate to ensure that construction and operation of the
ocean thermal energy conversion facility or plantship are conducted
with reasonable regard for nairigation, fishing, energy production,
scientific research, or other uses of the high seas, either by citizens of
the United States or by other nations in their exercise of the freedoms
of the high seas as recognized under the Convention of the High Seas
and the general principles of international law.
(b) The Administrator shall promulgate regulations specifying Regulations---
under what conditions and in what circumstances the thermal plume
of an ocean thermal energy conversion facility or plantship licensed
under this Act will be deemed-
(1) to impinge on so as to degrade the thermal gradient used by
another ocean thermal energy conversion facility or plantship, or
(2) to impinge on so as to adversely affect the territorial sea or
area of natural resource jurisdiction, as recognized by the United
States, of any other nation.
Such regulations shall also provide for the Administrator to mediate
or arbitrate any disputes among licensees regarding the extent to
which the thermal plume of one licensee's facility or lantship
impinges on the operation of another licensee's facMty or plantahip.

A-14

94 STAT. 998 PUBLIC LAW 96-320-AUG. 3,1980

(3) Except in a situation involving force majeure, a licensee of
an ocean thermal energy conversion facility or plantship shall
not permit a vessel, registered in or flying the flag of a foreign
state, to call at, load or unload cargo at, or otherwise utilize such
a facility or plantship licensed under this Act unless (A) the
foreign state involved has agreed, by specific agreement with the
United States, to recognize the jurisdiction of the United States
over the vessel and its personnel, in accordance with the provi-
sions of this Act, while the vessel is located within the safety
zone, and (B) the vessel owner or operator has designated an
agent in the United States for receipt of service of process in the
event of any claim or legal proceeding resulting from activities of
the vessel or its personnel while located within such a safety
zone.
(c) The Secretary of the department in which the Coast Guard is
1.=tM10=t_ operating shall. promulgate, after consultation with the Administra-
tor, and shall enforce, regulations governing the movement and
ELVigation of ocean thermal energy conversion plantships licensed
under this Act to ensure that the thermal plume of such an ocean
thermal energy conversion plantship does not unreasonably impinge
On so as to degrade the thermal gradient used by the operation of any
other ocean thermal energy conversion plantship or facility except in
case of force ma .ure or with the consent of owner of the other such
pantship or facKty, and to ensure that the thermal plume such of an
ocean thermal energy conversion plantship does not imp' 'e on so as
1nL
to, adversely affect the territorial sea or area of natio@g resource
jurisdiction, as recognized by the United States, of any other nation
w3less the Secretary of State has approved such impingment after
consultation with such nation.
42 USC 9120. SEC. 110. MON'ITORING OF LICENSEES' ACTIVrM&
Each license shall require the licensee-
(1) to allow the Admini trator to place appropriate Federal
officers or employees aboard the ocean thermal energy conver-
sion facility or plantship, to which the license applies, at such
times and to such extent as the Administrator deems reasonable
and necessary to assess compliance with any condition or regula-
tion applicable to the license, and to report to the Administrator
whenever such officers or employees have reason to believe there
is a failure to comply,
(2) to cooperate with such officers and employees in the
performance of monitoring functions; and - .
(3) to monitor the environmental effects, if any, of the oper-
ation of the ocean thermai energy conversion facility or plant-
shi in accordance with regulations issued by the Administrator,
:Txto submit such information as the Administrator finds to be
necessary and appropriate to assess environmental impacts and
to develop and evaluate mitigation methods and possibilities.
42 USC 9121. SEC. M. SUSPENSION, REVOCATION, OR TERMINATION OF LICENSE
(a) Whenever a licensee fails to comply with any applicable provi-
sion of this Act or any applicable rule, regulation, restriction, or
condition issued or imposed by the Administrator under the author-
it Y Of this Act, the Attorney General, at the reauest of the Adminis-
trator, shall file an action in the appropriate nited States district
courtto-
(1) suspend the license; or

A-15

PUBLIC LAW 96-320-AUG. 3,1980 94 STAT. 989

(2) if such failure is knowing and continues for a period Of So
days after the Administrator mails notification of such failure by
registered letter to the licensee at his record post office address,
revoke such license.
No proceeding under this section is necessary if the license, by its
terms, provides for automatic suspension or termination upon the
occurrence of a fixed or agreed upon condition, event, or time.
(b) If the Administrator determines that immediate suspension of
the construction or operation of an ocean thermal energy conversion
facility or plantship or any component thereof is necessary to protect
public health and safety or to eliminate imminent and substantial
danger to the environment established by any treaty or convention,
the Administrator may order the licensee to cease or alter such
construction or operation pending the completion of. a judicial pro-
ceeding pursuant to subsection (a) of this section.
SEC 112. RECORDkEEPING AND PUBLiC ACCESS TO INFORMaTiON. 42 USC 9122
(a) Each licensee shall establish and maintain such records, make Reports-
such reports, and provide such information as the Administrator,
after consultation with other interested Federal departments and
agencies, shall by regulation prescribe to carry out the provisions of
this Act, Each licensee shall submit such reports and' shall make
available such records and information as the Administrator may request.
(b)Any information reported to or collected by the Administrator Confident information
under this Act which is exempt from disclosure pursuant to section
552(b)(4) of title 5, United States Code (relating to trade secrets and
confidential commercial and financial information), shall not-
(1) be publicly disclosed by the Administrator or by any other
officer or employee of the United States, unless the Administra-
tor has--
(A) determined that the disclosure is necessary to protect
the public health or safety or the environment against an
unreasonable risk of injury, and
(B) notified the person who submitted the information 10
days before the disclosure is to be made, unless the delay
resulting from such notice would be detrimental to the
public health or safety or the environment, or
(2) be othewise disclosed except-
(A)(i) to other Federal and adjacent coastal State govern-
ment departments and agencies for official use,
(ii) to any committee of the Congress of appropriate
jurisdiction, or
(iii) pursuant to court order, and
(B) when the administrator has taken appropriate steps to
inform the recipient of the confidential nature of the infor-
mation.
SEC 113. RELINQUISMIENT 0R SURRENDER OF LICENSE 42 USC 9123.
(a) Any licensee may at any time, without penalty, surrender to the
Administrator a license issued to him, or relinquish to the Adminis-
trator, in whole or in part, any right to conduct construction or
operation Of an ocean thermal energy conversion facility or plant-
ship,including part or all of any right of way which may have been
granted in conjunction with such license: Provided,That such surren-
der or relinquishment shall not relieve the licensee of any obligation
or liabiliy established by this or any other Act, or of any obligation or
liability for actions taken by him prior to such surrender or relin-

A-16

94 STAT. 990 PUBLIC LAW 96-320-AUG. 3,1980
quigthment, or during disposal or removal of any components required
to be disposed of or removed pursuant to this Act
Right of way. (b) If part or all of a right of way which is relinquished, or for which
the license is surrendered, to the Administrator pursuant to subsec-
lion (a) of this section contains an electric transmission cable or
pipeline which is used in conjunction with another license for an
ocean thermal energy conversion facility, the Administrator shall
allow the other licensee an opportunity to add such right of way to his
license before inform2ing the Secretary of the Interior that the right of
way has been vacated.
42 USC 9124. SEr- IM CIVEL AMON&
(a) Except as provided in subsection (b) of this section, any person
having a valid legal interest which is or may be adversely affected
nay commence a civil action for equitable re&f on his own behalf in
Ile United States District Court for the District of Columbia when-
ever such action constitutes a case or controversy-
(1) against any rson who is alleged to be in violation of any
provision of this Xcet or any regulation or condition of a license
issued pursuant to this Act; or
(2) against the Acimini trator where there is alleged a failure of
the Administrator to perform any act or duty under this Act
which is not discretionary.
suits. In suits brought under this Act, the district courts of the United
States shall have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, to enforce any provision
of this Act or any regulation or term or condition of a license issued
pursuant to this Act, or to order the Administrator to perform such
ad or duty, as the case may be.
(b) No civil action may be commenced-
(1) under subsection (aXl) of this section-
(A) prior to 60 days after the plaintiff has given notice of
the violation to the Administrator and to any alleged viola-
tor; or
(B) if the Administrator or the Attorney General has
commenced and is diligently prosecuting a civil or criminal
action with respect to such matters in a court of the United
States, but in any such action any person may intervene as a
matter of right; or
(2) under subsection (02) of this section prior to 60 days after
the plaintiff has given notice of such action to the Administrator.
@Notice. Notice under this subsection shall be given in such a manner as the
Administrator shall prescribe by regulation.
(c) In any action under this section, the Administrator or the
Attorney General, if not a party, may intervene as a matter of right.
Litigation costs. (d) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of litiga-
tion (including reasonable attorney and expert witness fees) to
any party whenever the court de .----es that such an award is
riate.
e) o i in this section shall restrict any right which any person
or class of p@rsons may have under, any statute or common law to seek
enforcement or to seek any other relief.
42 USC.91Z. SEC. 115. JMICLAL REVEEM.
Any person suffering legal wrong, or who is adversely affected or
aggrieved by the Administrator's decision to issue, transfer, modify,
renew, suspend, or terminate a license may, not later than 60 days

A-17

A
PUBLIC LAW 96-320-AUG. 3,1980 94 STAT. 991

after such decision is made, seek judicial review of such decision in
the,United States Court of Appeals for the District of Columbia. A
per@qn shall be deemed to be aggrieved by the Administrator's
decision within the meanirt# of this Act if he-
(1) has participated in the administrative proceedings before
the Administrator (or if he did not so participate, he can show
that his failure to do so was caused by the Admini trator's failure
to provide the required notice); and
(2) is adversely affected by the Admiaistrator's action.
SEC 116. TEST PLATFORMS AND COM31ERCIAL DEMONSTRATION OCEAN 42 USC 9126.
THERMAL ENERGY CONVERSION FACILITY OR PLANTSHIP.
(a) The provisions of this title shall not apply to any test platform
which will not operate as an ocean thermal energy conversion facility
or latform after conclusion of the testing period.
The provisions of this title shall not apply to ownership,
construction, or operation of any ocean thermal energy conversion
facility or plantship which the SecreV of Energy has designated in
writing as a demonstration project for le development of alternative
ener sources r e ni tates w c is conducted by, partici-
K
ate in, or approved by the Department of Energy. The Secretary of
ergy, after consultation with the Administrator, shall require such
demonstration projects to abide by as many of the substantive
requirements of this title as he deems to be practicable Without
damaging the nature of or unduly delaying such projects.
SEC. 117. PERIODIC REVIEW AND REVISION OF REGULATIONS. 42 USC 9127.
The Administrator and the Secretary of the department in which
the Coast Guard is operating shall periodically, at intervals of not
more than every 3 years, and in consultation with the Secretary of
nergy, review
any regulations promulgated pursuant to the provi- PF
sions of this title to determine the status and impact of; such
regulations on the continued development, evolution, and comyner-
cialization of ocean thermal energy conversion technology. The Re-i- resultL
? results of each such review shall be included in the next annual
report required by section 405. The Administrator and such Secretary Post, P. 9".
are authorized and directed to promulgate any revisions to the then
effective regulations as are deemed necessary and appropriate based
on such review, to ensure that any regulations promulgated pursuant
to the provisions of this title do not impede such development,
evolution, and commercialization of such technology. Additionally, Propomis by
the Secretary of Energy is authorized to propose, based on 8 h SecreuLry of
uc Energy.
review, such revisions for the same purpose. The Administrator or
such Secretary, as appropriate, shall have exclusive jurisdiction with
respect to any such proposal by the Secretary of Energy and,
pursuant to applicable procedures, shall consider and take final
r action on any such proposal in an expeditious manner. Such consider- Heming.
ation shall include at least one informal hearing pursuant to the
procedures in section 553 of title 5, United States Code.
TITLE II-MARITIME FINANCING FOR OCEAN THERMAL
ENERGY CONVERSION

SEC. 201. DETERMINATIONS UNDER THE MERCHANT MARINE ACT, 1936. 42 USC 9141.
(a)( 1) For the purposes of section 607 of the Merchant Marine Act,
1936 (46 U.S.C. 1177), any ocean thermal energy conversion facilit- or
plantship licensed pursuant to this Act, and any vessel pro@l@
shipping service to or from such an ocean thermal energy conversion

A-18

@'94 STAT. 992 PUBLIC LAW 96-320-AUG. 3,1980

facility or plantship, shall be deemed to be a vessel operated in the
foreign commerce of the United States.
(2) The provisions of paragraph (1) of this subsection shall apply for
taxable years beginning after December 31, 1981.
(b)For the purposes of the Merchant Marine Act, 1936 (46 U.S.C. 1177
et seq.) any vessel documented under the laws of the United
States and used in providing shipping service t@) o'
S r from any ocean
thermal energy conversion facility or plantship licensed pursuant to
the provisions of this Act shall be deemed to be used in, and used in an
M-ential service in, the foreign commerce or foreign trade of the
United States, as defizied in section 905(a) of the Merchant Marine
Act, 1936 (46 U.S.C. 12"a)).
11EC. 202. AMENDMENTS TO TrxLE X1 OF THE MERCHANT MARINE ACT,
193&
(a) Section 1101 of the Merchant Marine Act, 1936 (46 U.S.C. lZ71),
is amended-
(1) in subsection (b) by striking "and" immediately before
"dredges" and inserting in lieu thereof a comma, and by insert-
ing immediately af@er "dredges" the followinF. "and ocean ther-
mal energy conversion facilities or plantships',
(2) in. subsection (g) by striking "and" after the semicolon,
(3) in subsection (h) by striking "equipping" and inserting in
lieu thereof "equipping and", and
(4) by adding at the end thereof a new subsection (i) to read as
followm
Definition. "M The term 'ocean thermal energy conversion facility or plant-
ship' means any at-sea facility or vessel, whether mobile, floating
inmoored, moored, or standing on the seabed, which uses tempera-
ture differences in ocean water to produce electricity or another form
of energy capable of being used directly to perform work, and
includes any equipment installed on such facility or vessel to use such
electricity or other form of energy to produce, process, refine, or
manufacture a product, and any cable or pipeline used to deliver such
:electricity, freshwater, or product to shore, and all other associated
equipment and appurtenances of sudh facility or vessel, to the extent
they are located seaward of the highwater mark.".
(b) Section 1104(aXl) of the Merchant Marine Act, 1936 (46 U.S.C.
1274(aXl)), is amended by striking "or (E)" and inserting in lieu
-thereof "(E) as an ocean thermal energy conversion facility or
plantship- or (F)".
(c) Section 1104(bX2) of the Merchant Marine Act, 1936 (46 U.S.C.
1274(bX2)), is amended b strikin "vessel;" and inserting in lieu
thereof "vessel: P@-ovideY furthe'r! That in the case of an ocean
thermal energy conversion facility or plantship which is constructed
without the aid of construction-differential subsidy, such obligations
may be in an aggregate principal amount which does not exceed 87 Y2
percent of the actual cost or depreciated actual cost of the facility or
plantship;".
SEC 203. OTEC DEMONSTRATION FUND.
(a) Title XI of the Merchant Marine Act, 1936 (46 U.S.C.
1271-1279b) is further amended by adding at the end thereof a new
Section 1110 to read as follows:
Guamntet-. ..SEC. 1110. (a) PUrsuant to the authority granted under section
46 USC Irk. 1103(a) of this title, the Secretary of Commerce, 'upon such terms as
46 USC IVS. he shall prescribe, may guarantee or make a commitment to guaran-
tee, payment of the principal of and interest on an obligation which

A-19

PUBLIC LAW 96-320-AUG. 3, 1980 94 STAT. 993

in
aids in I uding reimbursement of an obligor for expendi-
tures P made for, construction, reconstruction, or recondi-
tionm'g of a commercial demonstration ocean thermal energy
conversion facility or plantship owned by citizens of the United
States. C;uarantees or commitments to guarantee under this subsec-
tion shall be subject to all the provisos, requirements, regulations,
and procedures which apply to guarantees or commitments to guar-
antee made pursuant to section 1104(aXl) of this title, except that- 46 USC 1274.
"(1) no guarantees or commitments to guarantee may be made Umptions.
by the Secretary of Commerce under this subsection before
October 1,, 1981;
"(2) the proirisions of subsection (d) of section 1104 of this title
shall apply to guarantees or commitments to guarantee for that
portion d a commercial demonstration ocean thermal energy
conversion facility or plantship not to be supported with appro-
priated Federal funds;
"(3) guarantees or commitments to guarantee made puzsuant
to this section may be in an aggregate principal amount which
does not exceed 87 % percent of the actual cost or depreciated
actual cost of the commercial demonstration ocean thermal
energy conversion facility or plantship: Provided, That, if the@
commercial demonstration ocean thermal energy conversion
facility or plantship is supported with appropriated Federal
funds, such guarantees or commitments to guarantee Mav not
exceed 87Y2 percent of the a a princip amount of that
ggreg te i i al
portion of the actual cost or depreciated actual cost for which the
obligor has an obligation to secure financing in accordance with
the terms of the agreement between the obligor and the Depart-
ment of Energy or other Federal agency-, and
"(4) the provisions of this section may be used to guarantee
obligations for a total of not more than 5 separate commercial
demonstration ocean thermal energy conversion facilities and
plantships or a demonstrated 400 megawatt capacity, whichever
comes first.
is(b) A guarantee or commitment to guarantee shall not be made
under this section unless the Secretary of Ene consultation
rg=
with the Secretary of Commerce, certifies to the tary of Com-
merce that, for the ocean thermal energy conversion facility or
plantship for which the guarantee or commitment to guarantee is
sought, there is sufficient guarantee of perfbrmance and payment to
lower the risk to the Federal Government to a level which is
reasonable. The Secretary of Energy must base his considerations on
the following: (1) the successful demonstration of the technology to be
used in such facility at a scale sufficient to establish the likelihood of
technical and economic viability in the proposed market; and (2) the
need of the United,States to develop new and renewable sources of
energy and the benefits to be realized from the construction and
successful operation of such facility or plantship.
"(c) A special subaccount, in the Federal Ship Financing Fund, to be OTEC
known as the OTEC Demonstration Fund, shall be established on DemonAration
October 1. 1981. The OTEC Demonstration Fund shall be used for Fund.
obligation guarantees authorized under this section which do not
qualify under other sections of this title. Except as specified other-
wise in this section, the operation of the OTEC Demonstration Fund
shall be identical with that of the parent Federal Ship Financing
Fund: except that, notwithstanding the provisions of section 1104(gy 46 USC 1274-
(1) all moneys received by the Secretary pursuant to sections 1101
through 1107 of this title with respect to guarantees or commitments 46 USC
1271-1279.

A-20

94 STAT. 994 PUBLIC LAW 96-320-AUG. 3, 1980

to guarantee made pursuant to this section shall be deposited only in
Notes or the OTEC Demonstration Fund, and (2) whenever there shall be
obligations. outstanding any notes or other obligations issued by the Secretary of
46 USC 1275. Commerce pursuant to section 1105(d) of this title with respect to the
OTEC Demonstration Fund, all moneys received by the Secretary of
46 USC Comm rce pursuant to sections 1101 through 1107 of this title with
1271-1279. respect to ocean thermal energy conversional facilities or plantships
Transfer of shall. be deposited in the OTEC Demonstration Fund. Assets in the
assets. OTEC Demonstration Fund may at any time be transferred to the
parent fund whenever and to the extent that the balance thereof
exceeds the total guarantees or commitments to guarantee made
pursuant to this section then outstanding, plus any notes or other
obligations issued by the Secretary of Commerce pursuant to section
1105(d) of this title with respect to the OTEC Demonstration Fund.
The Federal Ship Financing Fund shall not be liable for any guaran-
tees or commitments to guarantee issued pursuant to this section.
The aggregate unpaid principal amount of the obligations guaranteed
with the backing of the OTEC Demonstration Fund and outstanding
Notes or at any one time shall not exceed MOOO,000,000.
obligations. "(d) The provisions of section 1105(d) of this title shall apply
46 USC 1275. specifically to the OTEC Demonstration Fund as well as to the Fund:
Provi&x@ however, That any notes or obligations issued by the
Secretary of Commerce pursuant to section 1105(d) of this title with
respect to the OTEC Demonstration Fund shall be payable solely
from proceeds realized by the OTEC Demonstration Fund.
interwL "(e)'The interest on any obligation guaranteed under this section
shall be included m' gross income for purposes of chapter 1 of the
26 usc I et -q- Internal Revenue Code of 1954.".
(bX1) Section 1103(f) of the Merchant Marine Act, 1936 (46 U.S.C.
1273(f)) is amended by striking out "$10,000,000,000." and inserting 'in
lieu thereof "$12,000,000,000, of which $2,000,000,000 shall be limited
to obligations pertaining to commercial demonstration ocean ther-
mal energy conversion facilities or plantships guaranteed pursuant
A nte@ p. 992. to swtion 1110 of this title.".
Effective date. (2)rhe amendment made by paragraph (1) of this subsection shall
46 TJSC 1273 take iffect October 1, 1981.
note.
T= III-ENFORCEMENT

42 USC 9151. SEC 301. PRORIBUED ACM
It is unlawful for any person who is a United States citizen or
national, or a foreign national on board an ocean thermal energy
conversion facilit@r or plantship or other vessel documented or num-
bered under the laws of the United States, or who is subject to the
Jurudiction of the United States by an international agreement to
which the United States is a party-
(1) to violate any provision of this Act, or any rule, regulation,
or order issued pursuant to this Act, or any term or condition of
any license issued to such person pursuant to this Act-,
(2) to refuse to permit any Federal officer or employee author-
ized to monitor or enforce the, provisions of sections i 10 and 303
of this Ad to board an ocean thermal energy conversion facility
or plantshi or any vessel documented or numbered under the
laws of the @nited btates, for purposes of conducting any search
or inspection in connection with the monitoring or enforcement
of this Act or any rule, regulation, order, term, or condition
referred to in paragraph (1) of this section;

A-21

PUBUC LAW 96-320-AUG. 3, 1980- 94 STAT. 995

(8) to forcibly assault, resist, Oppose, impede, intimidate, or
interfere with any such authorized officer or employee in the
conduct of any search or inspection described in paragraph (2) of
this section;
(4) to resist a lawful arrest for any act prohibited by this
section; or
(5) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person subject to this section
knowing that the other person has committed any act prohibited
by this section.
SEC 302. REMEDIES AND PENAL77ES. 42 USC 915Z
(01) The Administrator or his delegate shallhave the authority to Ordem issuance
issue and enforce orders during proceedings brought under this Act. and
Such authority shall include the authority to issue subpenas, admin- enforcement.
ister oaths, compel the attendance and testimony of witnesses and
the production of books, papers, documents, and other evidence, to
take depositions before any. designated individual competent to
administer oaths, and to examine witnesses.
(2) Whenever on the basis of any information available to him the
Administrator flinds that any person subject to section 301 of this title
is in violation of any provision of this Act or any rule, regulation,
order, license, or term or condition thereof, or other requirements
under this Act, he may issue an order requiring such pe n to
comply with such p i ion or requirement, or bring a civil =on in
rovis
accordance with subsection (b) of this section.
(3) Any compliance order issued under this subsection shall state
with reasonable specificity the nature of the violation and a time for
compliance, not to exceed 30 days, which the Admini trator deter-
mines is reasonable, taking into account the seriousness of the
violation and any good faith efforts to comply with applicable
regirements.
X1) Upon a request by the Administrator, the Attorney General
shall commence a civil action for appropriate relief, including a
permanent or temporary in)unction, any violation for which !he
Administrator is authorized to issue a compliance order under
subsection (aX2) of this section.
(2) Upon a request Py the Administrator, the Attorney General
shall bring an action m an appropriate district court of the United
States for equitable relief to redress a violation, by any person subject
to section 301 of this title, of any provision of this Act, any regulation
issued pursuant to this Act, or an license condition.
(CXI) Any person who is foun1by the Administrator, after notice Liability.
and an opportunity for a hearing in accordance with section 554 of
title 5, United States Code, to have committed an act prohibited by
section 301 of this title shall be liable to the United States for a civil
penalty, not to exceed $25,000 for each violation. Each day of a
continuing violation shall constitute a separate violation. The
amount; of such civil penalty shall be assessed by the Administrator,
or his designee, by written notice. In determining the amount of such
p@nalty, the Administrator shall take into account the nature,
circumstances, extent and gravity of the prohibited acts committed
and, with respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and such other matters as justice may
require.
,(2) Any person against whom a civil penalty is assessed under Revi-
phragraph (1) of this subsection may obtain a review thereof in the
appropriate court of the United States by filing a notice of appeal in

A-22

94 STAT. 996 PUBLIC LAW 96-320-AUG. 3,1980

such court within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail to the
Flung of Administrator. The Administrator shall promptly rile in such court a
certified copy. certified copy of the record upon which such violation was found or
such penalty imposed, as provided in section 2112 of title 28, United
States Code. The findings and order of the Administrator shall be set
aside by such court if they are not found to be supported by
substantial evidence, as provided in section 706(2) of title 5, United
States Code.
Aswwnient@ (3) If any person subject to section 301 fails to pay an assessment of
f"ure to pay. a civil penalty against him after it has become final, or after the
appropriate court has entered final judgment in favor of the Adminis-
trator, the Administrator shall refer the matter to the Attorney
General of the United States, who shaH recover the amount assewed
Review. in any appropriate court of the United States. In such action, the
validity and appropriateness of the final order imposing the civil
penalty shall not be subject to review.
(4) The Administrator may compromise, modif@, or remit, with or
without conditions, any civil penalty which is subject to imposition or
which has been imposed under this subsection.
kdXl) Any person subject to section 301 of this title is guilty of an
offense if he willfully cornmits ar@y act prohibited by such section
(2) Any offense, other than an offense for which the punishment is
prescribed by section 103 of this Act, -is p.,nishable by a fine of not
more than $75,000 for each day during whkh the violation continues.
Any offense described in paragraphs (2), (3), (4), and (5) of section 301
is PU hable by the fine or imprisonnient for not more than 6
MontV, or both. -If, in the commission of any offense, the person
subject to section 301 uses a dangerous weapon, engages in conduct
that causes bodily injury to any Federal officer or employee, or places
any Federal officer or employee in fear of imminent bodily injury, the
offense is punishable by a fine of not more tham $100,000 or imprison-
ment for not more than 10 years, or both. -
(e) Any ocean thermal energy conversion facility or plantship
licensed pursuant to this Act and any other vessel documented or
numbered under the laws of the United States, except a public vessel
engaged in noncommercial activities, used in any violation of this Act
or of any rule, regulation, order, license, or term or condition thereof.
or other requirements of this Act, shall be liable in rem for any civil
penalty assessed or criminal fine imposed and may be proceeded
against in any district court of the United States having jurisdiction
thereof, whenever it shall appear that one or more of the owners, or
bareboat charterers, was at the time of the violation a consenting
party or privy to such violation.
42 USC 9153. SEC. 303. ENTORCEMENT.
Responsibuity of (a) Except where a specific section of this Act designates enforce-
NOAA ment responsibility, the provisions of this Act shall be enforced by the
Adzninistzstor. Administrator. The Secretary of the department in which the Coast
Guard is operating shall have exclusive responsibility for enforce-
nient measures which affect the safety of life and property at sea.
shall exercise such other enforcement responsibilities with respect to
vessels subject to the provisions of this Act as are authorized under
other provisions of law, and may, upon the specific request of the
Administrator, assist the Administrator in the enforcement of any
of this Act. The Administrator and the Secretary of the
department in which the Coast Guard is operating may, by agree-
ment, on a reimbursable basis or otherwise, utilize, the personnel,

A-23

PUBLIC LAW 96-320-AUG. 3,1980 94 STAT. 997

services, equipment, including afitraft and vessels, and facilities of
any other Federal agency or department, and may authorize officers
or employees of other departments or agencies to provide assistance
as necessary in carrying out subsection (b) of this section. The
Administrator and the Secretary of the department in which the
Coast Guard is operating may issue regulations jointly or severally as
may be necessary and appropriate to carry out their duties under this
section.
(b) To enforce the provisions of this Act on board any ocean thermal
energy conversion facility or plantship or other vessel subject to the r
provisions of this Act, any officer who is authorized by the Admini&-
trator or the Secretary of the department in which the Coast Guard is
operating may--:-
(1) board and inspect any vessel which is subject to the
provisions of this Act;
(2) search the vessel if the officer has reasonable cause to
believe that the vessel has been used or employed in the violation
of any provision of this Act;
(3) arrest any person subject to section 301 of this title if the
officer has reasonable cause to believe that the person has
committed a criminal act prohibited by sections 301 and 302(d) of
this title;
(4) seize the vessel together with its gear, furniture, appurte-
nances, stores, and cargo, used or employed in, or with respect to
which it reasonably appears that such vessel was used or em-
ployed in, the violation of any provision of this Act if such seizure
is necessary to prevent evasion of the enforcement of this Act;
(5) seize any evidence related to any violation of any provision
of this Act;
(6) execute any warrant or other process issued by any court of
competent jurisdiction; and
(7) exercise any other lawful authority.
(c) Except as otherwise specified in section 115 of this Act, the
district courts of the United States shall have exclusive original
jurisdiction over any case or controversy arising under the provisions
of this Act. Except as otherwise specified in this Act, venue shall lie in
any district wherein, or nearest to which, the cause of action arose, or
wherein any defendant resides, may be found, or has his principal
office. In the case of Guam, and any Commonwealth, territory, or
possession or the United States in the Pacific Ocean, the appropriate
court is the United States District Court for the District of Guam,
except that in the case of American Samoa, the appropriate court is M
the United States District Court for the District of Hawaii. Any such
court may, at any time-
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other security-,
and
(4) take such other actions an an in the interest of justice,
(d) For the purposes of this sectim the term "vessel" includes an Definitio-
ocean thermal energy conversion facility or plantskup, and the term
64 provisions of this Act" or "provision of this Act" includes any rule,
regulation, or order issued pursuant to this Act and any term or
condition of any license issued pursuant to this Act.

A-24

94 STAT. 998 PUBUC LAW 96-320-AUG. 3,1980

T= IV-hUSCELLANEOUS PROVISIONS

a USC 9161. SEC 401. EFFECT OF LAW OF THE SEA TREATY.
If the United States ratifies a treaty, which includes provisions
with respect to jurisdiction over ocean thermal energy conversion
activities, resulting from any United Nations Conference on the Law
of the Sea, the Administrator, after consultation withthe@@-.S -, retar7
of State, shall promulgate any amendment to the reguli4o 'qprorA
''p , ul-
gated under this Act which is necessary and iris - :
appro , tilo conform
such regulations to the provisions of such treaty, in in't-i6ip"4tion of
the date when such treaty shall come into force and,-j#* for, or
otherwise be applicable to, the United States.
42 USC 9162. SEC. 40L M-ITMATIONAL NEGOTIATIONS.
The Secretary of State, in cooperation with the Administrator and
the Secretary of the department in which the Coast Guard is
operating, shall seek effective international action and cooperation in
support of the policy and purposes of this Act and may '=-tiate and
conduct negotiations for the purpose of entering into international
agreements designed to guarantee noninterference of ocean thermal
energy conversion facilities and plantships with the thermal gradi-
ents used by other such facilities and plantships, to assure protection
of such facilities and plantships and of navigational safety in the
vicinity thereof, and to resolve such other matters relating io ocean
thermal energy conversion facilities and pi --skiii-r- as need to be
resolved in international agreements.
42 USC 9163. SECL 403. RELATIONSHIP TO OTHER LAWS.
(01) The Constitution, laws, and treaties of the United States shall
apply to an ocean thermal energy conversion facility or plantship
licensed under this Act and to activities connectecL associated, or
potentially interfering with the use or operation of any such facility
or plantship, in the same manner as if such facility or plantship were
an area of exclusive Federal jurisdiction located within a State.
Nothing in this Act shall be construed to relieve, exemTt, or immu-
nize any person from any other requirement imposed by ederal law,
regulation, or treaty.
(2) Ocean thermal energy conversion facilities and plantships
licensed under this Act do not possess the status of islands and have
no territorial seas of their own.
(bX1) Except as may otherwise be provided by this Act, nothing in
this Act shall in any way alter the responsibilities and authorities of a
State or the United States within the territorial seas of the United
States.
(2) The law of the nearest adjacent coastal State to which an ocean
thermal energy conversion facility located bey6nd the territorial sea
and licensed under this Act is connected by electric transmission
cable or pipeline, now in effect or hereafter adopted, amended, or
repealed, is declared to be the law of the United States, and shall
apply to such facility, to the extent applicable and not inconsistent
With any rovision or regulation under this Act or other Federal laws
and reguraltions now in effect or hereafter adopted, amended, or
repealed: Provided, however, That the application of State taxation
laws is not extended hereby outside the seaward boundary of any
Enforcement State. All such applicable laws shall be administered and enforced by
the appropriate officers and courts of the United States outside the
seaward boundary of any State.

A-25

PUBLIC LAW 96-320-AUG. 3,1980 94 STAT. 999
tcXl) For the purposes of the customs laws administered by the
Secretary of the Treamry, ocean thermal energy conversion fkdUties
and plantships documented under the laws of the United States and
licensed under this Act shall be deemed to be vessels.
. -'(2) Except insofar as they apply to vessels documented under the
liws of the United States, the customs laws administered by the
Secretary of the Trea5ury shall not apply to any ocean thermal
:
nergy conversion faciEty or plantship licensed under the provisions
f this Act, but all foreign articles to be used '*in the construction of
any such facility or plantship, including any component thereof, shall
first be made s6ject to all applicable duties and taxes which would
be imposed upon or by reason of their importation if they were
imported for consumption in the United States. Duties and taxes
shall be paid thereon in zccordance with laws applicable to merchan-
dise imported into the customs territory of the United States-
SEC. 4" SUBMARINE ELECTRIC TRANSMISSION CABLE AND EQUIPAIENT 42 USC 9164.
SAFETY.
(a) The Secretary of Energy, in cooperation with other interested Safety standards
Federal agencies and departments, shall establish and enforce Such and regulations.
standards and regulations as may be necessary to assure the safe
construction and operation of submarine electric transmission cables
and equipment subject to the jurisdiction of the United States. Such
standards and reguleticns shall include, but not be limited to,
requirements for the u5e of the safest and best available technology
for submarine electric transmission cable shielding, and for the use of
automatic switches to shut off electric current in the event of a break
in such a cable.
(b) The Secretary of Energy, in cooperation with other interested Peport to or
Federal agencies and departments, is authorized and directed to
report to the Congress within 60 d after the date -of enactment of
this Act on appropriations and staJ Mg needed to monitor submarine
electric transmission cab' les and eq i ment subject to the jurisdiction
of the United States so as to assi ey meet all applicable
standards for construction, ope
SEC. 40L ANNUAL REPORT. 42 USC 9165.
Within 6 months after the end of each of the first 3 fiscal years after Submittal to
President of
the date of enactment of this Ad, the Administrator shall submit to Senate and
the President of the Senate and the Speaker of the House of speaker of
Representatives a report on the administration of this Act during H-
such fiscal year. Such report shall include, with respect to the fiscal
year covered by the report-
(1) a description of progress in implementing this Act;
(2) a list of all licenses issued, suspended, revoked, relin-
quished, surrendered, terminated, renewed, or transferred;
denialsL of issuance of licenses; and required suspensions and
modifications of activities under licenses;
(3) a description of ocean thermal energy conversion activities
undertaken pursuant to licenses;
(4) the number and description of all civil and criminal pro-
ceedings instituted under title M of this Act, and the current
status of such procectliags; and
(5) such recommendations as the Administrator deems appro-
priate for amending this Act.

A-26

94 STAT. 1000 PUBLIC LAW 96-320-AUG. 3,1980

42 USC 9166. SEC. 40L AUTHORIZATION OF APPROPRIATION&
There are authorized to be appropriated to the Secretary of
Commerce, for the use of the Administrator in carrying out the
provisions of this Act, not to exceed 3,000,000 for the fiscal year
ending September 30, 1981, not to exceed 3,500,000 for the fiscal yew
ending September 30, 1982 and not to exceed 3,500,000 for the fiscal
year ending September 30, 1983.
42 USC 9167 SEC 407. SEvERABiliTy.
If any provision of this Act or any application thereof is held
invalid, the validity of. the remainder of the Act, or any other
application, shall not be affected thereby.
Approved August 3, 1980.

LEGISLATIVE HISTORY.
HOUSE REPORT No. 96-994 accompaning H.R. 6154 (Comm. on Merchant Marine
and Fisheries).
SENATE REPORT No. 96-721 (Comm. on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980)-
July 2. considered and passed Senate.
July 21, H.R. 6154 considered and passed House; passage vacated and S. 2492
passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 32.
Aug. 4, Presidential statement.
0
A-27

9/17/00

OT Wi PROGRAM SCHFXU`Lrt,
1980 1981
SEP OCT It NOV DEC it JAN FEB it MAR * APR it MAY it JUN If JUL it AUG It SE P If

LICENSING
REGULATIONS it it If it it
M- ANPH PUB. PROP. PUB. I10-HRULES
LINR .- --- 1. -- 10G. RULES HEARING FINAL EEVECTIVE
10/1 UA5 12/15 341 pi/l RULES 813
17/3

ENVIR018413WAL,
IMPACT
STATEMENT It it It If it It It If itif
SCOPING PUB. DEIS I DRIN PUB. STA f V MIN
MEETING MTO. AGENCY TO MTG. FEIS TO
NOTICE 10130 REVIEW EPA 11/1 REVIEW EPA
9A9 12/ 2/211 6/1 6/19

ENVIRONMENTAL
ASSESSMENT
PROGRA14 it If
INURA I di: 111HAll DUE FY*bl
OUTLINE, INPUT DRAFT* TO TO SUPP. CONTRACTS
z 9/26 DUE PLAN OMB 1111J, FUNDING IB T
10/17 12/1 1/1 1/30 5/15(est.) 8131
P4

APPENDIX C
GLOSSARY

ABUNDANCE Relative degree,of plentifulness.

AMBIENT Pertaining to the existing conditions of the-surrounding
environment.

ATMOSPHERE A unit of pressure equal to the air pressure at mean
sea level, comparable to a 760 mm column of mercury.

BACKGROUND LEVEL The naturally-occurring level of a substance within an
environment prior to the unnatural additions of that
substance.

BAR SCREEN Heavy gauge bars which prevent damage to static or
traveling screens by large objects.

BATHYPELAGIC ZONE The biogeographic realm of the ocean lying between depths
of 1,000 and 4,000 m.

BENTHOS A category of marine organisms which live on, in, or near
the bottom of the ocean.

BIOCIDE A substance which is capable of destroying living organisms,

BIOFOULING The adhesion of various marine organisms to.underwater
structures.

BIOTA Pertaining to life and living.organisms, collectively
plants and animals.

BIOTIC GROUPS Organisms which are ecologically, structurally, or
taxonomically grouped.

BIOMASS The weight of living matter, including stored food,
present in a population and expressed in terms of a
given area of the water column or volume of habitat.

BLOOM An enormous concentration of plankton in an area, caused
either by sudden or gradual multiplications of organisms.

CARBONATES Salts or esters of carbonic acid.

CEPHALOPODS A subgroup within the phylum mollusca. Typical members
include the squid and the octopus.

CHLOROPHYLL A group of green pigments which occur chiefly in
intercellular bodies called chloroplasts, active in
photosynthesis.

C-1

CHLOROPHYLL a A pigment used in photosynthesis which serves as a
convenient meas@ure of phytoplankton biomass.

CIRCULATION PATTERN The general geometric configuration of oceanic currents
usually applied in synoptic oceanography.

CLOSED"CYCLE SYSTEM A system in which the working fluid does not enter or
leave the systemi but is used repeatedly.

COLD WATER PIPE That component of the OTEC plant which extends down to
approximately 1000m in the sea,. through which the cold
water is drawn to condense the working fluid.

CONDENSERS The portion of heat exchangers which conducts heat from
the gaseous working fluid to the cold water drawn from
the cold water pipe. In the process the vapor 'is
changed or "condensed" from a gas to a liquid.

CORROSION The gradual erosion of a surface, especi ally by chemical
means.

CRUSTACEANS Animals with jointed appendages and a segmented external
skeleton composed of a hard shell or cruse. Thle group
includes barnacles, crabs, shrimps, and lobsters.

DENSITY The mass per unit volume of a'substance.

DIATOM A minute, frez-floating algae with an.external skeleton
of silica, abundant world wide.

DIFFUSER The section of discharge pipe which is modified, usually
through the addition of numerous ports or holes, to
promote rapid mixing of the discharge with the.ambient
waters.

DIFFUSION Transfer of material (e.g., salt) or a property (e.g.,
temperature) by eddies or molecular movement. Diffusion
causes dissemination of matter under the influence of a
concentration gradient, with movement from che stronger
to the weaker solution.

DILUTION A reduction in concentration through the addition of
ambient waters.

DINOFLAGELLATES Microscopic, planktonic organisms, which may possess
characteristics of both plants (photosynthesis) and
animals (inge'stioti of food); abundant world-wide.

DISCHARGE PLU1,1E The fluid volume derived from the discharge pipe which
is distinguishable from the surrounding water.,

DISPERSION Dissemination of dischar7ed water over large areas by
0
the natural processes of ocean turbulence and ocean
currents.

C-2

DISSOLVED OXYGEN Amount of oxygen dissolved in a unit volume of water;
usually expressed in ml/liter at standard temperature
and pressure.

DISSOLVED SOLIDS The dissipation of solid matter in solution, e.g., salt
dissolved in water.

DIVERSITY A measure of the variety of species in a community
which takes into account the relative abundance of
each species.

ECOSYSTEM An ecological community together with its physical
environment, considered as a unit, each influencing the
properties of the ot@er, and each necessary to the
maintenance of life..

ENTRAINMENT (1) The process by which organisms are drawn into the
intake pipes of OTEC; (2) the process by which ambient
waters are mixed with the discharge plume.

EPIPELAGIC Ocean zone ranging from the surface to 200 m in depth.

EROSION The group of natural processes including weathering,
dissolution, abrasion, and corrosion by which the
surface is removed from a metal.'

EVAPORATOR The chamber in which the working fluid is vaporized
to a gas prior to passing through the turbine.

FAR-FIELD A somewhat arbitrary cutoff point between regions,
where the mixing of discharge is governed by the
discharge momentum and the region where natural ocean
turbulence becomes the dominant factor in further
mixing of the discharge waters.

FAUNA The animal population of a particular location, region,
or period.

FLORA The plant population of a particular locationt region,
or period.

GELATINOUS ORGANISMS A general term used to describe the large organisms
composed of a jelly-like substance, including t@he
cnidarians, salps, siphonores, and ctenophores.'
jellyfish.

HEAT EXCHANGER A material (usually metal) with a high coefficient of
thermal condZctance which is used to exchange heat
between the working fluid and the heat source or sink.

HEAVY METALS OR Elements which possess a specific gravity of 5.0 or
ELEMENTS greater.

c-3

.ICHTHYOPKANKtON Fish eggs and weakly motile:fish larvae..

IMPINGDENT A situation in which an,organism is- forced against a
barrier, such as. an intake screen, as a result of the
intake of water into a facility, such as a powerplant.

INDIGENOUS Having originated in and:being produced, growing., or
living,naturally in a particular region or environment.

INFAUNA Animals which live buried in soft substrata.

INITIAL MIXING That dispersion or diffusion of liquid, suspended
particulate, and solid phases of a material which.
occurs within 4 hours after dumping.

MACROZOOPLANKTON Planktonic organisms with lengths between 200 and 2,000 r
microns, composed mainly of, cop-epods, chaetognaths, and
larval forms:.

M.A.N. BRUSHES Brushes which travel through heat exchanger tubes for
removal of microbial slime.

MARINE Pertaining to the sea. r

@EGAWATT (MLW) One million watts. A watt is. a unit-of power. It is
the amount of work done per unit time and is equal to
one joule/sec. One horsepower is equal to 746 watts.

MEROPLANKTON Organisms which spend only a portion of their life
cycle as plankton; usually composed of floating
developmental stages (i.e., eggs and larvae) of the
benthos and nekton organisms. Also known as temporary
plankton.

iESOPELAGIC Relating to the oceanic depths between 200 m to
1,000 M.

.41CROFLAGELLATtS Protozoans which possess-flagella as adult lacomotor
organelles; generally considered to be the most
primitive of the protozoans.

MICRONEKTON Organisms commonly collected in an Isaac-Kidd Midwater
Trawl., This group consists of weak-swimming nekton such
as mesopdlagic fish, small squid, gelatiiious organisms,
and fish larvae.

MICROORGANISMS Microscopic organisms, including bacteria, protozoans,
yeast, viruses, and algae.

Planktonic animals with lengths between 20 and 200
HICROZOOPLANKTON
microns, composed mainly of protozoans and juvenile
copepods.

C-4

MIXED LAYER The upper layer of the ocean which is well mixed by
wind and wave activity2 Within this layer temperature,
salinity, and nutrient concentration values are
essentially homogeneous with depth.

NANNOPLANKTON Minute planktonic plants and animals which are 50
microns or less in size and include algae, bacteria and
protozoans. Individuals of this size will pass through
most nets an dare usually collected in centrifuges.

NEAR-FIELD The near-field region is that region in which the plume
momentum is the dominant factor, controling entrainment
and mixing of the plume with the ambient receiving waters.

NEKTON Free-swimming aquatic a nimals, essentially moving inde-
pendent of water movements.

NEUSTON A community of minute organisms which are associated with
the surface film of water; mainly composed of pontellid
copepods and the eggs and larvae of fish.

NUTRIENT Any substance which promotes growth or provides energy
for biological processes.

NUTRIENT-LIGHT The overall condition of the nutrients and light in the
REGIME environment in relation to photosynthesis.

ONE PERCENT LIGHT The depth at which light has been attenuated to I
DEPTH percent of its surface value; used to define the photic
zone; that depth above which net productivity of
phytoplankton may occur.

OPEN CYCLE SYSTEM A powerplant system in which the coolant and/or working
fluid passes through the plant only once and is then
discharged.

OPERATING CONDITIONS The maximum value of winds, waves, or currents below
which-OTEC-1 is able to operate.

ORTHO-PHOSPHATE One of*the possible salts of orthophosphoric acid; one
of the components in seawater of fundamental importance
to the growth of marine phyto plankton.

OTEC Ocean Thermal Energy rsion.
.2onve

OTEC-1 The 1 megawatt test platform which will test the ocean
thermal energy conversion cencept.

OXIDATION The combination of a substance with oxygen. A reaction
in which the atoms in an element lose electrons and its
valence is correspondingly increased.. Examples of
oxidation are the rusting of iron, the burning of wood
in air, the change from cider to vinegar, and the decay
of animal and plant material.

c-5

OXYGEN MINIMUM LAYER The portion of the water column in which,the lowest
concentration of dissolved oxygen exists.

PARAMETERS.. Any of a set of arbitrary physical properties whose
values determine the characteristics or behavior of
something, e.g., temperature, pressure and,density; a
characteristic element.

PELAGIC Pertaining to the open sea or organisms not associated
with the bottom.

pH The acidity or alkalinity of a solution as determined
by the negative logarithm of the hydrogen ion concen-
tration.

PHOTIC ZONE The layer of the ocean from the surface to the depth
where light has been attenuated to 1.0 percent of the r
surface value. The zone in which primary production
shows a net increase.

PHOTOSYNTHESIS Synthesis of chemical compounds in light, especially
the manufacture of organic compounds from carbon
dioxide and a hydrogen source, with simultaneous
liberation of oxygen by chlorophyll-containing plant r
cells.

PHYTOPLANKTON Minute passively floating plant life of a body of
water; the base of the food chain in the sea.

PLANKTON Organisms whose movements are determined by the
currents and not by their own locomotive abilities.

PRIMARY PRODUCTION The amount of organic tatter synthesized by organisms
from inorganic substances in unit time, in a unit
volume of water, or in a column of water of unit area
extending from the 5urface to the bottom.

RECRUITMENT Addition to the population by reproduction of new
individuals.

SALINITY The amount of dissolved salts in seawater measured in
grams per kilogram, or parts per thousand..

SP@,ECIES (1) A group of organisms having similar character-
istics and capable of interbreeding and producing
viable offspring; (2) A taxon forming basic taxonomic
groups which closely resemble each other structurally
and physiologically and in nature, interbreed and
produce fertile offspring.

SPECIFIC GRAVITY The ratio of the density of substance relative to the
density of pure water at 40C.

C-6

STANDING STOCK The biomass or abundance of living material per unit
volume or area of water.

STRESSED A state caused by factors which tend to alter an
existent equilibrium, or normal state.

SUSPENDED SOLIDS Finely divided particles of a solid temporarily
suspended in a liquid, such as soil particles in
water, expressed as a weight per unit volume.

TERRIGENOUS Being or relating to oceanic sediment derived directly
from the destruction of rocks on the Earth's surface.

THERMAL EFFICIENCY The ratio of the w9rk done by a heat engine to the heat
energy absorbed by it.

THERMOCLINE The region of the water column where temperature
changes most rapidly with depth.

TOTAL RESIDUAL The summation of the chlorine concentrations in various
CHLORINE (TRC) compounds in water, including hypochlorous acid
hypochlorite ion, chloramines, and other chloro deri-
vitives.

TRACE CONSTITUENT An element or compound found iin the environment in
extremely small quantities.

TROPHIC LEVELS Any of the feeding levels through which the passage of
energy of an ecosystem proceeds. Typical marine trophic
levels include: phytoplankton, zooplankton, and fish.

TURBIDITY A reduction in transparency, as in the case of seawater,
by suspended sediments or plankton.

UPWELLING The rising of water toward the surface from subsurface
layers of a body of water. Upwelling is most.prominent
where persistent wind blows parallel to a coastline so
that the resultant wind current sets away from the
coast. The upwelled water, besides being cooler, is
rich in nutrients, so that regions of upwelling are
generally areas of rich fisheries.

WARM WATER PIPE That component of the OTEC plant through which the
warm, surface water used to vaporize the working fluid
is drawn.

WATER MASS -A body of water usually identified by its temperature-
salinity (T-S) curve or its chemical content.

WORKING FLUID The medium in an OTEC plant which is vaporized by warm
ocean water, passed over a turbine to generate electri-
city, and finally condensed by cool ocean water to be
recirculated through the closed system.

c-7

ZOOPLANKTON The passively floating or weakly swimming animals of
an aquatic ecosystem.
P,

C"8

APPENDIX D
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D-2

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D-5

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D-6

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D-7

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