Once again wind farms are in the news. Tim Huber of the Associated Press has a story on Forbes online about an appeal to the West Virginia Supreme Court over the construction of a wind farm.The appeal centers on whether or not regulators correctly issued a permit for the construction of a 124-turbine wind farm in southeastern West Virginia. Back in 2006 the West Virginia State Public Service Commission (PSC) approved construction of the wind farm. Following the approval a challenge was mounted, but the West Virginia Supreme Court upheld the 2006 permit, and in February the PSC issued a decision allowing Beech Ridge Energy, LLC to move forward with construction of the $300 million project.
Despite the commission decision that Beech Ridge had met all “pre-construction conditions spelled out in an August 2006 ruling,” Mountain Communities for Responsible Energy and a couple from Greenbrier County asked the PSC to reconsider. That request was rejected by the PSC and now the opponents of the project are bringing a challenge to the Supreme Court.
According to the Huber story, the wind farm will generate 186-megawatts of electricity and will span a stretch of southeastern West Virginia from Greenbrier County to Nicholas County. A transmission line will also be part of the project. Brad Stephens, the attorney representing Mountain Communities for Responsible Energy, argued to the court “the commission had exceeded its authority in several instances, including approving Beech Ridge’s decommissioning plans. The group contends the plan doesn’t set aside enough money to remove the project if it fails.”
Jeffrey Eisenbeiss is another attorney fighting the construction of the farm echoed Stephens assertions while also arguing the PSC should have required a federal permit for the project as the wind turbines will lead to accidental bat killings. Despite their arguments, Justice Robin Davis, who opposes wind farms, told the attorney’s she is skeptical that any law was violated in permitting the construction. As Huber reports, Davis also noted “Beech Ridge complied with more than two dozen things PSC required after an earlier appeal to the court.” Davis stated simply, ‘“It seems like they’ve done what we asked them to do.”’ Naturally, attorneys for Beech Ridge and the PSC agreed with this assessment.
To read the Associated Press story click here.
Posted: 09/02/09
