Panel established to discuss wind energy

By Anne Adams • Staff Writer

RICHMOND — Due to new laws effective this month, a Regulatory Advisory Panel has been formed to review a new permitting rule for small wind energy projects.

Headed up by Carol Wampler at the state Department of Environmental Quality, RAP members were appointed by DEQ director David Paylor from a list of recommendations made by his staff.

According to DEQ public affairs director Bill Hayden, the primary function of the panel is "to recommended regulations through the collaborative approach of regulatory negotiation and consensus."

The regulations will put new state legislation into effect, which charges DEQ with creating a "permit by rule" for wind energy utilities with a rated capacity of 100 megawatts or less.

"The permit by rule, as opposed to making decisions on a case-by-case basis, will address the need for a reasonable degree of certainty and timeliness in the natural resource protections required of small wind energy projects by setting forth required protections," Hayden said. "It is anticipated that the regulatory action will encompass how DEQ might address potential environmental impacts, mitigation plans, facility site plan- ning, public participation, permit fees, inter-agency consultations, compliance, enforcement, and other topics."

The new legislation was introduced in the General Assembly by Sen. Frank Wagner of Virginia Beach, and originally included language that would have allowed wind plants to operate without paying taxes to the localities where they're located. That part was removed from final legislation.

Highland New Wind Development, which has proposed a utility in Highland County, will not be subject to the new process. Instead, it already received a state permit from the previous process, which put the State Corporation Commission in control of the permitting process, not the DEQ.

Hayden said the way the panel proceeds will be decided when it convenes, and is likely to evolve over time. The first meeting was held Wednesday, this week.

DEQ chose members to represent state government, industry, environmental organizations, academia and local government, Hayden said. "In addition, the director wanted to ensure that the size of the panel would not hamper its effectiveness."

The panel was limited to 20 members.

Three people asked to be on the panel, but were not selected, including Mustoe resident Rick Webb of VaWind.org, and county landowner Lucile Miller of Highlanders for Responsible Development. Ken Hutcheson of Troutman Sanders was also not selected.

Hayden said they were not chosen because "these individuals' organizations or stakeholder groups already have representation on the panel by other members."

All meetings are open to the public and are announced on the Virginia Town Hall calendar, the DEQ public calendar and in the Virginia Register.

Meetings will be held at the DEQ central office, 629 East Main Street, Richmond, between now and early November, to meet the deadline for creating the new rule.

Meeting dates established so far are: Wednesday, July 22; Thursday, Aug. 6;

Thursday, Aug. 27; Thursday, Sept. 16 or 17 (location to be determined); Thursday, Oct. 8; Thursday, Oct. 29; and Thursday, Nov. 12.

Panel members include:

• From state government — Tom Smith or John Davy, Department of Conservation and Recreation; Ray Fernald, Department of Game and Inland Fisheries; Julie Langan or Roger Kirchen, Department of Historic Resources; Tony Watkinson, Virginia Marine Resources Commission; Ronald Jenkins, Department of Forestry; Ken Jurman, Department of Mines, Minerals and Energy; Stephen Versen, Department of Agriculture and Consumer Services; James Golden, DEQ; and Deputy Secretary of Natural Resources Nikki Rovner.

• From industry — John Daniel, Troutman Sanders, representing independent wind development clients; Theo de Wolff, private consultant and independent wind developer; Bob Bisha, Dominion power; and Larry Jackson, Appalachian Power.

• From environmental groups — Judy Dunscomb or David Phemister, The Nature Conservancy; Dan Holmes, Piedmont Environmental Council; Jayme Hill, the Sierra Club; and Mary Elfner, Audubon Society.

• From academia — Jonathan Miles, James Madison University, the Virginia Wind Energy Collaborative and other wind energy groups.

• From local government — Larry Land, Virginia Association of Counties.