Wind energy developer too gusty After taking serious criticism for years for being soft and ineffective with industries, the West Virginia Public Service Commission appears now to have taken a far stronger approach to its duties, especially where industrial wind development is concerned.
This week's decision to dismiss the application for a 100-megawatt wind utility on Jack Mountain in Pendleton County suddenly gave hope to West Virginia citizens who for too long felt disenfranchised as the still unproven and heavily subsidized wind industry bulldozed its way into the state with little to stop it. Until the last couple of years, the PSC had only minimally managed to assess benefits against damage to the environment, or gauge public sentiment on potential impacts to view shed and property values. And it took a giant push from citizens to get such projects properly scrutinized.
Unlike Virginia's State Corporation Commission, the PSC is not required to enlist the assistance of other West Virginia departments when faced with applications - a problem lawmakers there need to remedy. The agency is therefore hamstrung, and less effective in reviewing much beyond what it's handed by corporate interests. Many West Virginians argue that's part of the reason wind energy companies have had their way so easily in that state.
But the PSC has boldly rejected, in no uncertain terms, the actions of Liberty Gap LLC, the company that intends to construct some 50, 400-foot commercial turbines on Jack Mountain. Those opposed to the company's plans are surprised and relieved, feeling their voices have finally been heard in Charleston.
The developer had not made many friends in either state since it started plans in motion for the utility four years ago. It has consistently shown little regard for Pendleton citizens - working behind the scenes, spreading cash and promises to landowners for rights of way, dodging questions about project details, and even blatantly refusing to provide information when the PSC itself asked for it.
Liberty Gap had to withdraw this application before, in 2004, when it failed to give the PSC information it requested before deadline. After a new application was submitted, the developer time and again resisted what it saw as extemporaneous environmental studies, arguing about everything from providing the kind of financial information the PSC wanted to publishing a legible map in its public notice.
The PSC had enough. The company's continued lack of cooperation with the agency and those participating in its case ran too long, and the PSC sounded the bell. With only three weeks from the scheduled evidentiary hearings, the PSC said, Liberty Gap had failed to give intervenors enough time to complete their research by denying them access to the project site. The company had run roughshod over county officials, residents, landowners and now state agency personnel. Its arrogance has made communicating with its officers nearly impossible for those seeking information. Those opposed to wind development in Highland County dread the day Liberty Gap could apply to extend that project into Virginia, and given the company's history, they should.
Maybe it's a technicality. Maybe it's a short delay in the schedule. Maybe Liberty Gap will resubmit its application next week. But for Friends of Beautiful Pendleton County, the grass roots group whose members have worked tirelessly to make sure residents and their quality of life get properly treated in the case, it's a victory no one can deny them.
A precedent has been set by West Virginia's commission where it was least expected. Virginia's state officials should be bolstered by the professional stance the PSC has taken. They, too, are meeting resistance from Highland New Wind Development, a company that is also reluctant to provide the information Virginia officials request.
But that's a surprise to no one. Developers are interested in protecting their own interests. The PSC's decision is a reminder to those companies that at the state level, there are officials taking their responsibility to protect citizens seriously.
For opposition groups in both states planning a Ridge Top Festival this weekend, there will be much to celebrate.
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