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Va. allows 1st wind farm to move forward, opponent says 'significant roadblocks' remain

SNL Financial|Jennifer Zajac|March 4, 2010
VirginiaGeneral

The Virginia State Corporation Commission on Feb. 26 denied the Virginia Department of Historic Resources' complaint against Highland New Wind's 38-MW Highland project in Highland County, Va. SCC Senior Hearing Examiner Alexander Skirpan Jr. recommended Jan. 25 that the commission dismiss DHR's complaint, which said Highland New Wind failed to comply with a number of conditions stated in the SCC's Dec. 20, 2007, final order approving the project. The department said the sunset provision in the SCC's final order requiring Highland New Wind to begin construction by Dec. 20, 2009, had expired. Although the project has begun grading and moving earth on the site, the DHR said the project was in violation because nothing has been constructed. Construction is expected to begin this spring.


The Virginia State Corporation Commission on Feb. 26 denied the Virginia Department of Historic Resources' complaint against Highland New Wind's 38-MW Highland project in Highland County, Va.

SCC Senior Hearing Examiner Alexander Skirpan Jr. recommended Jan. 25 that the commission dismiss DHR's complaint, which said Highland New Wind failed to comply with a number of conditions stated in the SCC's Dec. 20, 2007, final order approving the project. The department said the sunset provision in the SCC's final order requiring Highland New Wind to begin
construction by Dec. 20, 2009, had expired. Although the project has begun grading and moving earth on the site, the DHR said the project was in violation because nothing has been …

... more [truncated due to possible copyright]

The Virginia State Corporation Commission on Feb. 26 denied the Virginia Department of Historic Resources' complaint against Highland New Wind's 38-MW Highland project in Highland County, Va.

SCC Senior Hearing Examiner Alexander Skirpan Jr. recommended Jan. 25 that the commission dismiss DHR's complaint, which said Highland New Wind failed to comply with a number of conditions stated in the SCC's Dec. 20, 2007, final order approving the project. The department said the sunset provision in the SCC's final order requiring Highland New Wind to begin
construction by Dec. 20, 2009, had expired. Although the project has begun grading and moving earth on the site, the DHR said the project was in violation because nothing has been constructed.
Construction is expected to begin this spring.

"There's really not much that can stop the project," said Frank Maisano, a senior principal with Bracewell and Giuliani's government affairs practice, blogger for SNL Energy and spokesman for Highland New Wind. The developers expect to announce a power purchase agreement soon. Maisano also said Highland is speaking with several investors who are interested in the project, and will make an announcement about that in the near future, as well. Rick Webb, a research scientist in the University of Virginia's Department of Environmental Sciences and an opponent of the project, disagrees, saying Highland faces three "significant roadblocks" that will likely deter potential investors in the project. "HNWD continues to loudly
claim it is all set to go, hoping to attract the 80 million or so it needs to go forward. I don't see that happening, although I guess there might be a few really dumb people out there with more money than they know what to do with," Webb said.

The Virginia Department of Conservation and Recreation has received two identical letters from the Highlanders for Responsible Development and the Virginia Council of Trout Unlimited to require the project and the review process to come into compliance with the Clean Water Act anti-degradation and public participation requirements.

DCR spokesman Gary Waugh said the project was given coverage under the Virginia Stormwater Management Program general construction permit. In Virginia, a project gets coverage under the state's general construction permit rather than getting an individual permit.

"We have had staff on site numerous times inspecting the site, working with them to correct deficiencies and have worked with them on making needed updates to their Stormwater Pollution Prevention Plan (a requirement of permit coverage). All of this was taking place prior to our receiving the two letters," Waugh said.

Bill Pierce, chair of the Virginia Council of Trout Unlimited, said erosion from the construction site is the main problem. "The sand and dirt (and probably other chemicals) would fill in the stream bed and cause silting which inhibits the reproductive cycle (clean gravel is needed)," Pierce said.

DCR staff has met to discuss an appropriate response to the letters, which were drafted by the Environmental Law and Conservation Clinic at the University of Virginia School of Law. DCR is working on a response and expects to complete it shortly, according to Waugh. Webb also said Highland will have trouble meeting bird and bat mortality monitoring and curtailment thresholds that were set by the SCC. John Flora, an attorney for Highland New Wind, has said "not a single Indiana Bat has been reported killed by a wind turbine," and that the closest Indiana bat cave to the Highland wind farm is more than 11 miles away. In addition, Flora said the bats are "dying in droves" from a disease called white nose syndrome, which poses
the biggest threat to the species.

The Highland project does not have an incidental take permit under the federal Endangered Species Act. Webb and other opponents of the project have called for Highland County to require the developers to seek the federal permit. Highland has said once the project starts construction, the developers would pursue a take permit if necessary. "We don't think we need to because of the environmental/wildlife profile of the site," Maisano said.

Plans call for 19 Gamesa Energia SA G87 wind turbines, approximately 400 feet tall, and the construction of a new substation with transformers and other equipment to interconnect with an existing 69-kV line. Project cost estimates range from $60 million to $80 million.

Wind project financing

Dan Shreve, director with MAKE Consulting, an advisory firm that focuses on the international wind industry, is not familiar with the Highland project, but said the interest in financing relatively small projects such as this one continues to grow.

"U.S. Market prices have become depressed in the order of 20% for wind turbines," said Shreve, with a 2-MW turbine price varying from $1,000 per kW to $1,350 per kW, depending on factors such as the technology being deployed and the manufacturer.

"The financial situation is improving, largely on the back of developers' ability to leverage the convertible ITC program," he said. "It has really helped get some tax equity players back


Source:http://www.vawind.org/Assets/…

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