Wind developer wants SCC to speed things up More players added to utility application case
By Anne Adams • Staff Writer
MONTEREY- Highland New Wind Development's attorneys have formally requested the company's application process to step along in time for construction of its wind turbines to begin this year.
In a motion filed Tuesday with the State Corporation Commission, HNWD's law firm Hunton Williams of Richmond, makes its case for expedited treatment. Attorney Richard D. Gary argues HNWD's case should be streamlined because "there are limited issues before the commission" and the Virginia Department of Environmental Quality will report to the SCC on those issues by March 17 or before. Further, Gary states, "the parties in this proceeding have had knowledge of wind projects generally and the HNWD project specifically for some time as it has been publicly presented and discussed in Highland County since 2002."
A "drawn-out" schedule, Gary says, will delay the project "and potentially impair its financing as available federal tax credits for wind projects are set to expire on Dec. 31, 2007 - wind projects must be in commercial operation by that date to qualify for tax credit assistance."
In order to be eligible for the federal production tax credits, HNWD's utility must be operating by Dec. 31, 2007, the motion says. "Jeopardizing those credits also jeopardizes the construction of the project and the significant annual tax revenues for Highland County."
Gary's motion argues the SCC's role in reviewing the application is limited to the review of its avian and bat studies. Highland supervisors already reviewed a "substantial number of issues," he says, that "having been decided, are not before the commission."
"Accordingly, the only significant matters remaining for commission review are the avian and bat analyses … DEQ will express its viewpoint no later than March 17 … Respondents will have had these studies in their possession for review for almost eight weeks before the DEQ report will be issued," the motion states.
HNWD further asserts that wind energy is desirable in Virginia as a source of electricity, and supports that argument by citing Sen. Frank Wagner's proposed legislation for a "Virginia Energy Plan" that will "encourage wind generators in the commonwealth," Gary states. "The plan recognizes the value of wind generators as a substitute for fossil-fueled generators."
HNWD's motion asks for an expedited schedule as follows:
• Respondent testimony - Due 14 days after DEQ files its report March 17.
• Staff testimony - Due 30 days after the DEQ report is filed.
• HNWD's rebuttal - Due seven days after the staff testimony is filed.
• Evidentiary hearing - To begin seven days after HNWD's rebuttal is filed.
The SCC will hear public comments about Highland New Wind Development's proposal for a wind utility here in two weeks, right in the middle of Maple Festival.
As the county gets closer to those public hearings, the wind has shifted on all fronts. There are new respondents in HNWD's case, including the county itself, and the opposition is mounting efforts to make sure SCC officials understand what they see as negative ramifications of allowing 400-foot industrial turbines in this area.
New respondents
Highland County, through its attorney Melissa Dowd, has notified the SCC it intends to participate in the HNWD case as a formal respondent. Dowd's Feb. 8 letter states the board of supervisors found through its investigation of the proposed project "that the project would increase tax revenues to the county; that the project was consistent with the comprehensive plan … and that based on certain conditions stipulated in the authorizing resolution, the proposed project was a compatible use in Highland County and should be granted a conditional use permit to proceed.
"The Highland County Board of Supervisors believes it is in the best interest of the county to have the State Corporation Commission conduct a thorough investigation of the proposed project. If the project meets the standards set by the SCC, then the board asks the SCC to license the applicant and permit the project to move forward, subject to the contingencies cited in the board's authorizing resolution."
Mitch King, president of Old Mill Power Co. in Albemarle County, has also signed on as a respondent. King and his company play a key role in the Virginia Wind Energy Collaborative, a state-supported organization that promotes commercial wind energy development in Virginia.
King's letter of Feb. 10 notes that his company sells electricity and renewable energy credits, including those from wind utilities, "and could be affected by the proposed construction."
Opposition prepares
To help citizens who wish to make comments about the utility application, Highlanders for Responsible Development has scheduled a seminar with guest speakers to address not only the SCC process, but also the county budget and tax issues that may or may not be affected.
HRD president Charlotte Stephenson says after much debate among her board members, the grassroots non-profit group chose not to sign on as a formal respondent in the case after consulting with attorneys.
"We decided it would not be feasible for us," she said. Respondents are required to have legal representation and are subject to interrogation in formal evidentiary hearings conducted by the SCC.
"We feel we'll be covered by others who will participate, and we'll be in constant contact with them," she said.
Attorney David Bailey is one of those HRD believes represents the group's interest in that several of his clients are involved in the organization.
Bailey, who represents residents and landowners suing the county for its decision to grant HNWD a permit to operate, has been added as an attorney to those who have already become respondents collectively dubbed "Highland citizens." They include Ralph and Chris Swecker, Pen, McChesney, and William Goodall, and Gregory Warnock, who filed notice of participation in November. Bailey files as additional counsel and asks to be designated as such for all purposes in the proceedings.
HRD plans to hold a seminar Sunday, Feb. 26 to help citizens who would like to participate by commenting on the project to the SCC. "This is an educational seminar open to the public, and we want everyone to attend. They will learn more about the SCC process; we'll have someone speaking about the county's financials, and a third speaker who will update everyone on wind energy advancements. We want people to be informed and we hope everyone will come."
The seminar will be held from 2-4 p.m. at The Highland Center, Sunday, Feb. 26.
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