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Granite Reliable Power LLC, the company that plans to build a 33-turbine wind farm in Coos County, asked the state last week to deny two motions for a rehearing.
The motions were frilled Aug. 14 by the state attorney general's office, which serves as counsel for the public, and the Industrial Wind Action Group, which opposes the project.
In his motion, Senior Assistant Attorney General Peter Roth argued for a rehearing, stating that GRP does not have the financial capability to carry out the project and there is no "assurance the project will be constructed and operated in continuing compliance with the certificate."
In an objection to the motion GRP, attorney Doug Patch states the New Hampshire Site Evaluation Committee "thoroughly considered and properly addressed the issue of whether the Applicant (GRP) has the adequate financial capability to own and operate this project and should therefore deny public counsel's motion for a rehearing."
On July 15, SEC granted a certificate of site and facility with conditions for the estimated $300 million project after a year of reviewing GRP's application, taking written and oral testimony from supporters and interveners, visiting the site and holding public hearings.
In the objection, Patch states the attorney general's office "has not raised any new issues that [SEC[ has not already thoroughly and properly considered."
IWAG has requested that SEC rehear or amend its decision, arguing a wind farm on the ridges of Coos County would have adverse impacts on the natural environments, wildlife, tourism and property values. In addition, IWAG argues the decommissioning conditions are insufficient.
"Because [SEC] has thoroughly addressed all the issues and arguments raised by IWAG ...there is no reason to modify the July 15 decision and order," Patch states.
In an Aug 14 motion, Patch sought the rewording of a condition that he stated could open the door to a reversal of GRPs approval or jeopardize lender financing for the wind farm. The condition states if SEC determines the project is having an unreasonable adverse impact on any wildlife species, it may take "appropriate action within its jurisdiction."
As part of the approval, pre-construction and post-construction bat and bird studies must be carried out and reviewed by the state Department of Fish and Game.
The company asked SEC to consider rewording the condition to state if Fish and Game "has a significant concern about the project's impact on any species...GRP will work with [Fish and Game] and take commercially reasonable and appropriate actions" to minimize such impacts.
On Monday, IWAG executive Director Lisa Linowes filed an objection to GRP's Aug. 14 motion, stating the project as proposed will be in "sensitive, rare habitat necessary for the survival of several state endangered and/or threatened species,"
IWAG argues that SEC, in its July 15 decision, "found that the project should be approved with the full knowledge that impacts of the project unknown today could rise to the level of unreasonable adverse at a future time.
It was not determined Monday when SEC will make a decision about whether to grant the motions for a rehearing.
GRP, a subsidiary of Connecticut-based Noble Environmental Power, wants to construct a wind turbine farm along 15 miles of ridge line from Odell to Dixville Peak. The project would require about 12 miles of new roads and clearing of 58 timberland acres above 2,700 feet.
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