April, May, June 2025

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Quarterly news from Delaware and beyond related to energy systems and offshore wind.

Contents

Delaware Updates

Energy reliability and our electric grid’s vulnerability

Increasing concern regarding energy supply and reliability exists due to rapid increases in demand for electricity, caused by greater overall usage and the impending high electricity needs of new data centers coming online in the U.S. PJM is the regional grid operator which manages the flow of electricity between Delaware and 12 other states in the mid-Atlantic and Midwest, and Washington, D.C. PJM affirms that amidst increasing demand, they have ensured enough generation sources (power plants) are within the system to meet summer demand. PJM notes, however, that “[this] season also marks the first time in PJM’s annual assessment…that available generation capacity may fall short of required reserves in an extreme planning scenario…1”.

Due to the shared nature of our electric grid, the supply and demand of electricity in one location can affect electricity customers across the PJM region. PJM must predict and direct the flow of electricity, from generators to consumers, according to their needs. For example, Delaware produces only a small fraction of the electricity we use. Thus, much of the electricity we consume is generated in other states and delivered to us by utility-owned infrastructure (e.g., transmission lines), with oversight by PJM.

Take a look at the map below to see PJM’s service territory, and the publicly regulated utility companies within it.

A digital image depicts PJM's service territories in a variety of colors on a map of the eastern U.S., depicted in grey.

Graphic credit: PJM

Federal lawsuit against US Wind is partially dismissed

The federal lawsuit which the towns of Ocean City, MD, Fenwick Island, DE, and numerous coastal businesses brought against the Maryland Offshore Wind Project will continue to litigation, but without two of its arguments. The plaintiffs brought arguments against the federal Bureau of Ocean Energy Management (BOEM), which is responsible for granting leases, permits, and approvals for offshore wind farms. BOEM undergoes rigorous review of relevant environmental regulation prior to deciding to issue necessary permits. In this case, plaintiffs claimed BOEM violated, among others, the Migratory Bird Treaty Act and the Coastal Zone Management Act by approving the project’s permits2. The Department of Justice filed for a dismissal of these two claims, as they are null arguments and similar claims in a case brought in Rhode Island were dismissed3. While these two arguments are removed from the lawsuit, the five remaining will continue in the courts. US Wind requested a full dismissal of all claims in the lawsuit, which was not granted.

Commercial fisherman will be provided compensatory funds from US Wind project

The Maryland Department of Natural Resources (MDNR) signed a memorandum of understanding (MOU) with windfarm developer US Wind for a funding program which will support commercial fisheries which may be affected by the Maryland Offshore Wind project4. Fisheries compensatory mitigation funds are mandated by the federal government for relevant offshore wind projects. Input from local fishermen and fishing data assessments help quantify the potential amount of revenue lost/affected by a proposed offshore wind project. The Maryland/US Wind MOU establishes several funding categories, totaling $20 million:

  • Compensatory (direct) mitigation fund: $5.46 million, to directly compensate for lost fishing revenue
  • Multi-Use Resilience Fund: $13.5 million, for fish landing facilities and harbor improvements
  • Navigational Enhancement and Training Program (NETP): $1.04 million, for upgrades to fishing vessels for enhanced safety and navigation in the offshore wind farm area

Federal law does not specifically require offshore wind project developers to allocate fisheries compensatory funds for commercial fishing activities impacted by offshore wind development. However, provisions authorized by the Outer Continental Shelf Lands Act (OCSLA)– the statute regulating activities in federal waters–require developers to (1) analyze potential project impacts and (2) provide specific plans on how they will minimize and mitigate those impacts, including to commercial fisheries. As of January 2025, BOEM provides guidelines for mitigating impacts to commercial and for-hire recreational fisheries. These guidelines include recommendations for:

  • Siting cables,
  • Designing facilities (turbine locations, offshore substations, etc.) to maximize existing access to fisheries,
  • Monitoring changes in fishing activity and productivity anticipated, 
  • Establishing a compensation process if a project is likely to result in lost fishing gear or lost income to commercial or for-hire recreational fisheries,
  • Best practices for engagement with fishing communities

“Early engagement with fishing communities can promote equitable mitigation and encourage participation in the development of mitigation plans for the entire spectrum of fishing communities.”

–Guidelines for Providing Information for Mitigating Impacts to Commercial and For-Hire Recreational Fisheries on the Outer Continental Shelf Pursuant to 30 CFR Part 585, BOEM

Legislative Highlights
The end of the legislative session in Delaware included the passage of several bills related to energy. Here are a few to take note of:

Nuclear energy: SCR 18
The Delaware legislature passed Senate Concurrent Resolution 18, which proposed to create a Nuclear Feasibility Task Force5. The task force will assess the potential benefits and challenges of incorporating nuclear energy into the state’s energy portfolio. Small modular reactors, or SMRs, are mentioned as one nuclear technology of interest.

Offshore wind energy: SB 159 and SB 199
The Delaware legislature passed Senate Bill 159, which requires permitting of electric substations as an allowed conditional use in a heavy industrial zone in specific cases, including when such a substation is being constructed to support the operation of a proposed renewable energy generation project of 250 MW or greater5.
This bill was written in response to the Sussex County Council decision to deny a conditional use permit to Renewable Redevelopment, LLC, a subsidiary of US Wind. The company applied for a permit to build a substation near the existing substation on land that is zoned heavy industrial, near the former Indian River Power Plant. The County Council denied this application, despite recommended approval by the Planning and Zoning Commission. US Wind appealed the Council’s decision, and the case is currently within the Delaware Superior Court. SB 159 essentially overrides the Council’s permit denial, in lieu of awaiting a court decision.
After SB 159 was passed on the last day of the legislative session, a new and related bill was introduced. SB 199 sought to delay the implementation of SB 159 until January 31, 20266. The bill passed, meaning that the conditional use permit for Renewable Redevelopment, LLC will be granted at that time.
A traditional nuclear power plant is shown among a landscape of green trees, with a light blue sky behind, along a waterway in the foreground. The plant emits a white cloud of steam.
A traditional nuclear power plant.
A digitally rendered design of the NuScale Power Module is shown in white against a dark blue background.
The NuScale Power Module: the only SMR design currently approved by the NRC in the U.S. The cylinder is 76 feet tall and 15 feet wide. Photo credit: NuScale Power

Federal Updates

Executive orders on nuclear energy issued by Trump administration

Note: bulleted lists here are not comprehensive of the Orders

Deploying Advanced Nuclear Reactor Technologies for National Security7 (EO 14299)

  • Directs the U.S. to rapidly develop and deploy the use of advanced nuclear technologies, which are currently not made at the scale needed to deploy commercially
  • Directs Secretary of Defense to establish a program for nuclear energy across Department of Defense sites
  • Directs the Secretary of Energy to designate AI data centers in the U.S. that are located near Department of Energy (DOE) facilities as “support for national security missions, critical defense facilities, where appropriate”
  • Directs the Secretary of Defense and Secretary of Energy to consider applying or creating new exclusions under the National Environmental Policy Act (NEPA) for advanced nuclear reactor technologies on federal lands

Ordering the Reform of the Nuclear Regulatory Commission8 (EO 14300)

  • Seeks to reestablish the U.S. as the global leader in nuclear energy
  • Restructures the Nuclear Regulatory Commission to expedite license processing and adopt innovative technology; reduce staff
  • Reconsider the model for radiation exposure standards, the standard currently being exposure “as low as reasonably achievable”

Reforming Nuclear Reactor Testing at the Department of Energy9 (EO 14301)

  • Directs the Secretary of Energy to revise the “regulations, guidance, and procedures and practices” of DOE and National Laboratories to expedite deployment of advanced nuclear reactors (ANRs)
  • Directs the Secretary to eliminate or expedite environmental reviews for approvals of nuclear development applications

Reinvigorating the Nuclear Industrial Base10 (EO 14302)

  • Directs production of a report on recommended policy for managing nuclear waste, legislative changes necessary to implement favorable policies for nuclear energy, and evaluation of current spent fuel reprocessing efforts
  • Directs development of a plan to expand uranium conversion programs for naval propulsion and nuclear weapons
  • Directs DOE to work with the nuclear energy industry to make power upgrades to existing reactors and have 10 new reactors under construction by 2030
  • Directs appropriation of funds to develop nuclear energy-related workforce opportunities
Additional commentary on recent energy executive orders is available from the Georgetown Climate Center, an organization of the Georgetown University Law Center which seeks to advance ambitious and equitable government responses to the climate crisis in the U.S. at the national, state, and local levels. Find their explainer here.

Delaware Sea Grant is working to respond to public and legislator interest in nuclear energy. Stay tuned for an announcement on future webinar(s) and let us know if there are specific questions you’d like answered!

Attorneys general sue to stop an executive order on energy

In May, fifteen states brought a case against the Trump administration regarding the executive order, “Declaring a National Energy Emergency,” issued in January 202511. The plaintiffs argue that there is no justification for declaring an energy emergency, and that the order may lead to environmental harms if new fossil fuel-based projects are allowed to bypass federal environmental permitting processes. Filed in a federal district court in Seattle, WA, the plaintiffs request that the court declare the directive illegal and stop federal agencies from issuing expedited permits.

Also in May, eighteen states filed a case against the Trump administration regarding the January 2025 executive order which paused any future or under-construction wind energy projects12. The plaintiffs argue that the executive order violates federal statutes, including the Administrative Procedure Act. They claim that the order prevents states from generating renewable electricity amid increasing demand, thereby limiting their ability to decrease harmful air pollutant emissions, meet clean energy goals and address climate change. They also claim that the order will threaten the states’ existing investments in the wind industry, totaling billions of dollars. Filed in a federal district court in New York, the plaintiffs request that the court declare the directive illegal and prevent the Trump administration from delaying or halting wind energy development.

The State of Delaware was not a co-plaintiff in either of these cases.

BOEM publishes study examining offshore wind’s potential cumulative impacts

The Bureau of Ocean Energy Management (BOEM), an agency of the U.S. The Department of the Interior, conducted a study to estimate the cumulative impacts of the full build-out of proposed offshore wind energy in the Mid-Atlantic region, compared to partial build-out, and baseline conditions with no wind turbines13. The researchers developed a modeling system that incorporates individual wind turbines and wind energy facilities for the U.S. North Atlantic Ocean from North Carolina to New York, generating detailed simulations that enable more accurate assessments of possible impacts of proposed wind energy facilities. The objective of the study was to determine the effects of offshore wind energy facilities on coastal and oceanic environmental conditions and habitat by examining how oceanic characteristics will change after turbine installation, particularly for bottom stress, turbulent mixing, along and cross-shelf currents, wind-wave interactions, and larval transport. Using real-time oceanographic measurements and estimates from the modeling scenarios, the report concluded:

  • Development of wind energy areas will cause reduced wind speeds locally within and downwind of turbine areas. Reduced winds affect waves, currents, oceanographic processes, sediment mobility, and larval dispersal.
  • The highest impacts are found generally for the full build-out scenario, with some exceptions due to variations in local conditions. 
  • The simulated minor reductions on wave conditions, bed shear stress, and sediment mobility are likely unimportant relative to natural variability. 
  • The main effects of hydrodynamic changes on larval dynamics include decreased retention in northern areas and longer dispersal distances. 
  • Impacts on regional oceanographic processes, for example seasonal stratification and cold pool evolution, are generally minor because effects of buildout are more pronounced within wind energy arrays and weaker outside them. However, increases to water temperature and stratification strength may be of sufficient magnitude to potentially affect ecological processes.

The authors state that “more work is needed to fully evaluate the importance of the changes identified.”

To access recent research on offshore wind and marine renewable energy, visit the Tethys Knowledge Base: a database for ocean energy research hosted by the Pacific Northwest National Laboratory.

Global Highlights

Co-located seaweed farms and offshore wind farms become a reality

Photo credit: Plymouth Marine Laboratory

An offshore wind farm off the coast of the Netherlands is one of the first to implement a commercial-scale seaweed farm within the wind energy area. Plymouth Marine Laboratory is leading a research study at the North Sea Farm 1 to “investigate the potential climate change and biodiversity benefits of farming seaweed alongside offshore wind farms”14. They will examine what marine life hangs out in and near the growing seaweed, giving insight to how more of these seaweed farms within offshore wind farms could support marine life in the future. Harvested seaweed can be used for textiles, foods, wellness products, and more.

Resource Spotlight

The New York Environmental-Technical Working Group’s Whale Communications Committee compiled a new fact sheet which includes answers to common questions regarding whales and offshore wind. The working group convened subject matter experts to help provide scientifically accurate information about the interactions between offshore wind development and whales. View the brief fact sheet here or scan the QR code on the fact sheet for a more detailed Q&A.

The resources, organizations, or entities shared in this newsletter do not necessarily reflect the views or relationships of Delaware Sea Grant or University of Delaware and do not signify endorsement of any particular interest.

  1. McGovern, J. (2025, May 9). PJM Summer Outlook 2025: Adequate Resources Available for Summer Amid Growing Risk | PJM Inside Lines. Pjm.com. https://insidelines.pjm.com/pjm-summer-outlook-2025-adequate-resources-available-for-summer-amid-growing-risk/
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  2. Curtis, S. (2025, April 10). Feds Push for Partial Dismissal in Ocean City’s U.S. Wind Lawsuit. WBOC TV. https://www.wboc.com/news/feds-push-for-partial-dismissal-in-ocean-city-s-u-s-wind-lawsuit/article_c13c1c49-4699-4f38-af7a-bed1880a12bd.html
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  3. SAVE LONG BEACH ISLAND and ROBERT STERN, Ph.D., Plaintiffs, v. U.S. DEPARTMENT OF COMMERCE; HOWARD LUTNICK, in his official capacity as Secretary of Commerce; NATIONAL MARINE FISHERIES SERVICE; and EUGENIO PIÑEIRO SOLER, in his official capacity as Acting Assistant Administrator, National Marine Fisheries Service, Federal Defendants, ATLANTIC SHORES OFFSHORE WIND, LLC; and EMPIRE OFFSHORE WIND LLC, Defendant-Intervenors, (United States District Court for the District of New Jersey June 11, 2025). https://nsglc.olemiss.edu/casealert/june-2025/save-long-beach.pdf
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  4. Memorandum of Understanding between the Maryland Department of Natural Resources and US Wind, Inc. regarding the establishment and funding of the Maryland Fisheries Compensatory Mitigation Fund, a Navigational Safety Fund, and a Multi-Use Fishing Community Resilience Fund, (2025). https://dnr.maryland.gov/ccs/Documents/MDNR_US_Wind_MOU_executed.pdf
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  5. AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES., (2025). https://legis.delaware.gov/BillDetail?LegislationId=142363
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  6. AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE AND CHAPTER 44 OF VOLUME 85 OF THE LAWS OF DELAWARE RELATING TO PUBLIC UTILITIES., (2025). https://legis.delaware.gov/BillDetail?LegislationId=142675
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  7. Deploying Advanced Nuclear Reactor Technologies for National Security, 90 FR 22581, (2025). https://www.federalregister.gov/documents/2025/05/29/2025-09796/deploying-advanced-nuclear-reactor-technologies-for-national-security
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  8. Ordering the Reform of the Nuclear Regulatory Commission, 90 FR 22587, (2025). https://www.federalregister.gov/documents/2025/05/29/2025-09798/ordering-the-reform-of-the-nuclear-regulatory-commission
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  9. Reforming Nuclear Reactor Testing at the Department of Energy, 90 FR 22591, (2025). https://www.federalregister.gov/documents/2025/05/29/2025-09799/reforming-nuclear-reactor-testing-at-the-department-of-energy
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  10. Reinvigorating the Nuclear Industrial Base, 90 FR 22595, (2025). https://www.federalregister.gov/documents/2025/05/29/2025-09801/reinvigorating-the-nuclear-industrial-base
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  11. STATE OF WASHINGTON, STATE OF CALIFORNIA, STATE OF ARIZONA, STATE OF CONNECTICUT, STATE OF ILLINOIS, STATE OF MAINE, STATE OF MARYLAND, COMMONWEALTH OF MASSACHUSETTS, PEOPLE OF THE STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEW JERSEY, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WISCONSIN, Plaintiffs, v. DONALD TRUMP, in his official capacity as President of the United States; DANIEL DRISCOLL, in his official capacity as Secretary of the Army; LIEUTENANT GENERAL WILLIAM H. GRAHAM, JR., in his official capacity as Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers; U.S. ARMY CORPS OF ENGINEERS; TRAVIS VOYLES, in his official capacity as Vice Chair of the Advisory Council on Historic Preservation; and ADVISORY COUNCIL ON HISTORIC PRESERVATION, Defendants. https://agportal-s3bucket.s3.us-west-2.amazonaws.com/Energy%20EO%20Filed%20Complaint.pdf?VersionId=PdCfW6MPaD6WJTeP_6axULb0wTDmKDn1
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  12. Attorney General James Leads Challenge to Trump Administration’s Attempt to Block Wind Energy. (2025, May 5). New York State Attorney General. https://ag.ny.gov/press-release/2025/attorney-general-james-leads-challenge-trump-administrations-attempt-block-wind
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  13. Georgas, N., Garavelli, L., Codiga, D., Day, E., Engel, L., Hemery, L., Misa, W., Monim, M., Moghadam, H., Morandi, A., Ilia, A., Speers, J., & Tajallibakhsh, T. (2024). Offshore Wind Impact on Oceanographic Processes: North Carolina to New York, Volume 1 – RPS. In Bureau of Ocean Energy Management. https://espis.boem.gov/final%20reports/BOEM_2025-016.pdf
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  14. Plymouth Marine Laboratory. (2025, July 14). Harvest time at world’s first co-located seaweed farm and offshore windfarm. Plymouth Marine Laboratory. https://pml.ac.uk/news/harvest-time-at-worlds-first-co-located-seaweed-and-offshore-wind-farm/?utm_source=Tethys&utm_campaign=afdabda559-Tethys+Blast+18+July+2025&utm_medium=email&utm_term=0_-8ebb5ebe17-451636700
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