This important letter by Rep. Mollohan (D-WV) to the WV division of energy, comments on the agency's proposed State energy plan as it pertains to industrial wind energy development.

This important peer-reviewed paper written by bat expert Dr. Thomas H. Kunz et al identifies the significant risk wind turbines pose for migratory and local bat populations in the mid-Atlantic Highlands region of the United States. The projected number of annual fatalities of bats at wind energy facilities in the Highlands in the year 2020 can reach up to 111,000 bats.

By the reasons set forth in this order of Jun 22, 2007, the West Virginia Pubic Service Commission refused to issue a siting certificate to Liberty Gap Wind Force, LLC (Liberty Gap) to construct a wind turbine electric generating facility (Project) in Pendleton County, West Virginia. The applicant, US Wind Force, LLC, a Delaware limited liability company, had proposed constructing up to 50 wind turbines. The total output of the project would be up to 125 megawatts.

This WV Supreme Court decision decided in June 2007 provides a concise argument pertaining to nuisance issues (noise, flicker, strobing) and hazards as they relate to wind energy facilities built near residences. The background of the case and the court's conclusion are listed below. The full decision, including the discussion of nuisance issues and hazards, can be downloaded by clicking on the link. The court references substantial case law to support its decision.

Excerpts below are from the May 16, 2007 Proposed Order of WV PSC denying Liberty Gap's application for CPCN (siting permit) for 50 wind turbine project atop Jack Mtn in Pendleton County:

This document includes studies in Maine, Maryland, Minnesota, New Hampshire, New York, Pennsylvania, Vermont, Virginia and West Virginia.

WV's Congressman Mollohan submitted a letter on July 26, 2006 to the WV Public Service Commission (PSC) concerning the Beech Ridge wind energy project proposed for Greenbrier County, WV by Chicago-based Invenergy, Inc. This wind energy developer successfully pushed through a windplant in Wisconsin nearby the Horicon Marsh - a globally-significant wildlife area and National Wildlife Refuge - despite the widespread outcry by national and local wildlife groups who opposed such close siting.

Mollohan's letter points out that Invenergy disregarded recommendations by the US Fish and Wildlife Service for multi-year pre-construction studies regarding the project's potential impacts on migratory birds and bats. He also observed that although WV's one operating wind project in Tucker County has been the site of record-setting bat mortality due to collision with turbine blades, the project operator (FPL Energy) has cut off access to the site for scientific study or investigation, even by the National Research Council/National Academies committee charged by the U.S. Congress to study the environmental impacts of wind projects in the Mid-Atlantic Highlands (see footnote #2 in his letter).

Capacity Factor by Month: (1) Mountaineer Windplant, WV, (2) Meyersdale Windplant, PA, (3) Mill Run Windplant, PA, and (4) Waymart Windplant, PA.
This information, by month, highlights the issue of whether wind is available when electricity is needed. The charts reflect strong winds in the winter months and considerably lighter winds in the summer when demand for electricity is expected to peak.

"This is an action....to obtain access to records in possession of the Department of the Interior and the United States Fish and Wildlife Service ('FWS') concerning wildlife injuries and deaths caused by wind power facilities and FWS's enforcement of environmental laws with respect to wind power facilities."