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The Vermont State Supreme Court has ruled in favor of UPC Vermont Wind in an appeal brought by Ridge Protectors Inc., upholding the Public Service Board's issuance of a certificate of public good allowing construction of a wind farm in the town of Sheffield.
The Supreme Court ruling said the Public Service Board had proven its case at every turn, and that the claims of the Ridge Protectors were without merit in most instances, and did not offer evidence to cause reconsideration of the certificate's issuance.
Paul Brouha of Sutton, one of the lead members of the Ridge Protectors, said Friday, "We're disappointed, that's certainly true. ... The decision is fairly unequivocal and it's very supportive of the Public Service Board's decision ... if they can put them in this pristine area, they can put them anywhere. So, we're really concerned with that."
"We're not happy," the Ridge Protectors said in an e-mail Friday afternoon. "Ridge Protectors primary concern is that this is going to forever change the wild natural character of the Northeast Kingdom and the reason we are hanging in there so long is that this is just one of six projects that are proposed for the Northeast Kingdom and it's going to dramatically change what this place is all about."
The Supreme Court upheld the Public Service Board's decision ranging from economic impacts to aesthetics to whether the towering turbines were in agreement with regional and town plans for the region.
"In this appeal, we consider whether the Vermont Public Service Board erred in issuing a certificate of public good (CPG) to UPC Vermont Wind, LLC, for a wind generation facility in Sheffield, Vermont," the decision states.
"With this standard in mind, we briefly review the underlying proceedings. UPC sought a CPG allowing it to construct a 16-turbine, 40-megawatt wind-generation in Sheffield. The project would be located high on a ridge line, with rotors 315-feet in diameter on towers 262-feet high ... With the blade tip in vertical position, the total height would be approximately 420 feet," the Supreme Court said.
The project's expected annual energy production would meet the energy demand of more than 15,000 homes, equivalent to about 45 percent of households in northeastern Vermont, and UPC proposed to sell the energy it generated to Vermont utility companies.
Before issuing its certificate of public good, the Public Service Board held three public hearings and a 10-day evidentiary hearing, the decision states. "In reaching its conclusion, the Board recognized that the project would have some negative impact on aesthetics, among other considerations, but concluded that these impacts would not be unduly adverse."
Vermont Wind LLC. issued the following statement regarding the ruling, "We are pleased that the court has decided to affirm the VPSB's decision to allow the permitting of the Sheffield Wind Project. First Wind will continue to move forward with the project in accordance with the certificate of public good granted for the project. We believe this project has the potential to bring significant economic and environmental benefits to the state and we look forward to continuing to work with the town of Sheffield and the surrounding region to bring clean wind energy to the people of Vermont."
The Supreme Court said of the Public Service Board's decision, "We find no basis to disturb its conclusion that this project, with appropriate conditions, complies with the statute and promotes the general good of the state, and thus, is entitled to a CPG.
"Ridge essentially asks this court to reconsider the evidence and reach a conclusion opposite to that reached by the board," the Supreme Court said. "This we will not do. It is for the board, not this court, to weigh the evidence and assess the credibility of witnesses."
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