SCC denies motion to dismiss wind application By Anne Adams • Staff Writer
RICHMOND - The State Corporation Commission dismissed Highland citizens' motion to dismiss Highland New Wind Development's application for a utility last week.
The motion was initially filed Dec. 2, 2005, by Ralph H. Swecker, Christopher Swecker, Pendleton Goodall, McChesney Goodall, William Goodall, Wayne Goodall, and Gregory Warnock, all of whom live and/or own property in close proximity to the site where HNWD hopes to construct a 39-megawatt commercial wind energy facility.
The citizens argued HNWD's application did not contain enough information as required by law and SCC regulations, particularly regarding potential violations of the Endangered Species Act.
In addition, the citizens claimed HNWD did not provide basic specifics of the project like its capacity to generate dependable power. The group requested the SCC dismiss the application without prejudice, and to ask the developer to supplement its application with more environmental studies and economic analysis.
HNWD, responding to the motion, said its application was sufficient for the SCC to review, and that its environmental and wildlife studies would show the 400-foot turbine project would not cause any violations of the Endangered Species Act. It also claimed state law didn't require it to list the specific equipment it would use or provide economic analysis.
In March, the company also asserted its electricity is a "green source of power" supported by the Virginia Energy Plan, a legislative proposal that had not yet passed the General Assembly at the time.
SCC staff, for its part, said the citizens' concerns could be addressed during the application review and sufficient procedures were in place to make sure all the information necessary would be provided for SCC commissioners to make their decision on the application.
Once the Department of Environmental Quality notified the SCC its review had been suspended awaiting further information from HNWD, the citizens argued again the application should be dismissed since some state and federal agencies may require multi-year environmental studies prior to granting approval for the project.
Last week, SCC hearing examiner Alexander Skirpan filed his ruling denying the motion, saying he agreed with SCC staff that HNWD's application met state requirements well enough to continue the review process. SCC's rules, he said "do not require the applicant to provide every conceivable detail regarding a proposed project in its application. For example, many of the provisions (in state code) require a ‘general description.' While the environmental information required … is more specific, initial evaluation of the environmental information is made or coordinated by DEQ. The DEQ report is the trigger for establishment of the specific procedural schedule dates. That is, respondents' testimony, staff‘s testimony, and the hearing will not be scheduled until DEQ issues its report. Therefore, I find that Highland citizens' motion to dismiss should be and hereby is denied."
| 
