Cape Wind appeals state board's decision to SJC
Cape Cod Times|Michael P. Norton|April 28, 2016
Cape Wind claims the siting board exceeded its authority and asserts the decision to deny a two-year extension of transmission permits “is based on errors of law, is made upon unlawful procedures, is unsupported by substantial evidence and lacks requisite subsidiary findings and is arbitrary and capricious.
Cape Wind claims the siting board exceeded its authority and asserts the decision to deny a two-year extension of transmission permits “is based on errors of law, is made upon unlawful procedures, is unsupported by substantial evidence and lacks requisite subsidiary findings and is arbitrary and capricious.
Cape Wind, the offshore wind project planned for Nantucket Sound, has not given up despite serious setbacks, and this week appealed to the Supreme Judicial Court a state board decision denying the project's request for extensions of critical subsea and on-shore transmission facility approvals.
In an appeal filed Tuesday, Charles Dougherty of Boston-based Cape Wind Associates asked the state's highest court to reverse the April 6 decision of the Energy Facilities Siting Board and remand the case to the board to enter a final decision granting the transmission-related requests.
Cape Wind claims the siting board exceeded its authority and asserts the decision to deny a two-year extension of transmission permits “is based on errors …
... more [truncated due to possible copyright]Cape Wind, the offshore wind project planned for Nantucket Sound, has not given up despite serious setbacks, and this week appealed to the Supreme Judicial Court a state board decision denying the project's request for extensions of critical subsea and on-shore transmission facility approvals.
In an appeal filed Tuesday, Charles Dougherty of Boston-based Cape Wind Associates asked the state's highest court to reverse the April 6 decision of the Energy Facilities Siting Board and remand the case to the board to enter a final decision granting the transmission-related requests.
Cape Wind claims the siting board exceeded its authority and asserts the decision to deny a two-year extension of transmission permits “is based on errors of law, is made upon unlawful procedures, is unsupported by substantial evidence and lacks requisite subsidiary findings and is arbitrary and capricious, an abuse of discretion . . . ”
The board's prior approvals authorized in-state portions of Cape Wind's proposed transmission lines that would connect with the wind farm located in federal waters.
On Dec. 31, 2014, National Grid and Northeast Utilities terminated their power purchase agreements with Cape Wind, noting the project had missed contract deadlines established in 2012 to secure financing and begin construction. The loss of buyers for the project's power was a major blow to the controversial offshore wind farm first proposed in 2001.