Scope of filing detailed below:

On April 6, 2007, the State Corporation Commission issued its Order Remanding for Further Proceedings ("Remand Order"), directing further proceedings to address the development and implementation of a comprehensive post-construction monitoring and mitigation plan on the proposed Highland New Wind energy facility.

Specifically, the Commission stated such a plan should address, in detail and without exclusion, issues such as:
1) cost and funding;
2) the species or groups of species to be protected under the plan;
3) the role, if any, of DGEF and others;
4) monitoring procedures and schedules;
5) reporting procedures and schedules;
6) mitigation procedures and schedules;
7) the duration of each stage of the plan;
8) number of takes per wind turbine per year, for the species or groups of species to be protected, that the mitigation plan is designed to achieve;
9) any special provisions for endangered and threatened species ;
10) triggering mechanisms;
11) operational modifications that will be required if the triggering mechanisms are met;
12) whether operational modifications are self-executing ;
13) to the extent that operational modifications are not selfexecuting, whether the Commission has the authority to permit another such entity, such as DGIF, to direct operational modifications;
14) whether and how various parts of the plan are designed to be adaptive based on ongoing monitoring and mitigation results;
15) to the extent that the plan is adaptive, whether the Commission has the authority to permit another entity, such as DGIF, to direct adaptations to the plan; and
16) the extent to which the Commission should retain authority to require cessation and/or modification of operations of the proposed facility under any monitoring and mitigation plan.

[Editor's note: We believe the findings and recommendations included in this report are precedent setting and start to form a basis for future postconstruction and mitigation plans.]