Agency asks to postpone hearing on wind project

Agency asks to postpone hearing on wind project

By Anne Adams • Staff Writer

RICHMOND — Virginia’s Department of Historic Resources has filed a motion for a continuance for the case that was scheduled for Tuesday, Nov. 10.

The case involves allegations from the DHR that Highland New Wind Development LLC was not meeting a condition of its state permit, granted by the State Corporation Commission in December 2007.

The motion explains, “On Tuesday, Oct. 27, DHR advised Defendant Highland New Wind that the two reports it submitted would be accepted as archeological and visual impact reports, thus continuing the constructive consultation as requested by

DHR. The parties agreed that DHR would seek additional information from the National Park Service, and, once that information was received and analyzed, provide Defendant with its comments regarding the reports Highland New Wind submitted in addition to the information from the Parks Service. DHR still has not received the information requested from the Parks Service, and thus has not been able to draft its comments to Defendant and determine if the parties can resolve the issues of minimizing impacts to the historic battlefield resources likely to result from the Defendant's proposed development . Since a constructive consultation is what DHR sought when it filed its complaint, it does not seem appropriate to proceed with a hearing on the complaint before it has had a chance to provide its comments to Defendant and engage in dialogue in seeking resolution of the issues.”

Further, the motion states, “It is not possible for DHR to review, analyze and consult with Highland New Wind about these reports and additional information before the hearing date on Nov. 10. After appropriate review, analysis and consultation, DHR would be in a better position to raise any substantive issues that may present themselves as a result of these studies and further dialogue with Defendant, thus promoting judicial efficiency and economy in this proceeding. Consequently, DHR moves that the Hearing be continued generally or such date certain as may be determined by the Commission. Counsel for Defendant has been directly contacted by counsel for DHR.”

The SCC hearing examiner has not yet ruled on the motion.