Although Texas leads the nation in wind development, you may be surprised to learn that Texas law concerning the wind is basically non-existent. Similarly, there is little to no statutory regulation of the industry. So far, wind farms have been located in remote rural settings; however, as wind turbine technology advances and the land and wind speed necessary for the efficient development of wind energy decreases (and becomes even more profitable), it will not be long before the fight over wind finds itself deeply entrenched in Texas courts. ...While water law and the law governing the rights of wild animals may help resolve the issue of wind ownership, the question remains as to whether the right to develop the wind is a right that is severable from the land. In looking for guidance, the state courts may choose to rely on an area of the law with which they are quite familiar: oil and gas law. It is well established in Texas that the mineral estate (i.e., oil, gas and other minerals) may be conveyed and reserved apart from the surface. Texas courts have also held that certain substances which are historically considered part of the surface estate (such as near surface lignite and gravel, as examples) may be severed from the surface estate.
General
Texas
The WindAction Group (www.windAction.org)
Facts, analysis, exposure to industrial wind energy's real impacts
Southwest Power Pool (SPP) control area includes all of Kansas and Oklahoma and portions of Texas, Louisiana and other states (see: http://www.spp.org/section.asp?pageID=28). SPP does not overlap ERCOT, the grid operator which covers most of Texas.
The NY ISO interconnection queue as of Oct 2007. Total megawatts for proposed wind generation now exceeds 6000MWs. Projects listed in the queue are not guaranteed to be built, but this list serves as an indicator of wind development activity. The vast majority of projects are proposed for western and central regions of the State.
In July 2007, the New Hampshire Site Evaluation Committee (SEC) permitted, with conditions, the Lempster Wind LLC project owned by Iberdrola. The project will consist of twelve 2 MW Gamesa turbines along five miles of access roads. Iberdrola is now shopping around its neighbor agreement to non-participating landowners asking them to waive noise protections the SEC conditioned in the permit, among other protections. Iberdrola's agreement can be downloaded from the link below.
This turbine easement agreement includes an attorney's comments highlighting potential legal pitfalls that landowners should be aware of. People considering signing an easement agreement with a wind developer are encouraged to review this document.
This report details transmission and operating issues and recommendations for integrating renewable resources on the CAISO Control Grid. The CAISO discusses the gross variations in electric production from wind energy due to the intermittent nature of the resource. During periods of highest demand, the winds drop off.
Electric Reliability Council of Texas (ERCOT) control area includes most of the State of Texas (see: http://www.ercot.com/about/profile/index.html)
Neighbor agreement(s) sent to property owners with land and/or a residence near the project area.
Wind Power Ethics Group v. Town of Cape Vincent ZBA et.al. Index No. 07-0789; RJI No. 22-07-0250
New York's Public Service Commission's decision to grant Jordanville Wind, LLC a Certificate of Public Convenience and Necessity Pursuant to Section 68 of the Public Service Law. The PSC ordered Jordonville Wind (Iberdrola) to remove 19 turbines thereby reducing the tower count to 49, due to the adverse impact on areas of historic significance and the scenic quality of the setting. An excerpt of the decision (p. 18 of 35) follows.
Army Corps' letter to UPC Wind states that the Sheffield Wind project "is not eligible for authorization under the VT General Permit, and must be reviewed under the individual permit review procedure." The letter further states that UPC Wind "may not proceed with any proposed work within our jurisdiction until you have received written authorization from this office." The full letter can be accessed by clicking on the link below.
UPC Vermont Wind, LLC motion before the Vermont Public Service Board (PSB) in reference to the Board's August 8, 2007 Order and Certificate of Public Good (CPG) issued for the Sheffield Wind Energy proposal. The motion requests Clarifications, Technical Corrections, and Modifications to the Order and CPG.
This Docket concerns a proposal by UPC Vermont Wind, LLC ("UPC", "Petitioner", or "Applicant") for a 16-turbine, 40 megawatt wind generation facility in Sheffield, Vermont (the "Project").