Buckeye Wind LLC on Aug. 4 urged the Ohio Power Siting Board to act promptly on its July 14 request to extend a certificate for a wind project, despite the opposition of local citizens to that extension.
Buckeye Wind wants to extend the term of its March 2010 Certificate of Environmental Compatibility and Public Need for the Buckeye I Wind Project by over three years, from March 22, 2015 to May 28, 2018.
A local grop, Union Neighbors United, has said that Buckeye Wind should have filed an application to amend its certificate rather than following the board’s long-standing practice of extending certificates through motion practice, the company noted in its Aug. 4 brief. “The Board can and should expedite its decision on this Motion for Waiver. Intervenors’ procedural objection to Buckeye Wind’s Motion for Extension, as will be addressed in the replies to be filed, are all form and no substance. Protracted delays due to extensive briefing of procedural issues that are not material to the substance involved are contrary to a policy of facilitating a just, efficient and inexpensive determination of the matter.”
Buckeye Wind said in its July 14 initial extension request that has good cause for seeking this extension for many reasons including a two-year delay caused by intervenor appeals to the Supreme Court of Ohio, which the court dismissed in 2012, and ongoing litigation related to the Incidental Take Permit that is necessary for Buckeye Wind to construct this project. Even the companion Buckeye II Wind Project is subject to ongoing litigation, with another appeal by the same intervenors pending before the Supreme Court of Ohio.
“This litigation coupled with Buckeye Wind’s progress in continuing to develop this project warrant an extension of its Certificate,” the company told the board. “The sought extension aligns the Buckeye I Wind Project with the Buckeye II Wind Project, projects that will share the same construction laydown yards, the same substation and multiple collection line locations.”
The certificate authorized Buckeye Wind to construct a wind facility consisting in part of 54 wind turbines, access roads, an electric substation, andan electric collection system (the “Buckeye I Wind Project”) with construction to commence no later than March 22, 2015.
Buckeye Wind is a subsidiary of EverPower Wind Holdings Inc. Under the Buckeye II Wind Project’s certificate, issued in May 2013, Everpower’s Champaign Wind LLC must commence construction of the 56-turbine Buckeye II Wind Project prior to May 28, 2018.