FERC grants break to three Apex wind projects in Virginia and Ohio

The Federal Energy Regulatory Commission, over the objections of PJM Interconnection, on Dec. 2 granted a Nov. 8 request from Pinewood Wind LLC, Long Prairie Wind I LLC and Rocky Forge Wind LLC for a limited one-day waiver of the Oct. 31, 2016, New Services Queue Closing Date deadline for submission of their Generation Interconnection Feasibility Study Agreements.

The companies, which are all affiliates of Apex Clean Energy, are developing three wind projects located in Virginia and Ohio that will interconnect with PJM. These projects have been under development for a significant period of time and were previously in the PJM queue, but withdrawn to address development delays. All three projects have a planned commercial operation date in December 2019.

The applicants told FERC that their interconnection requests have been timely filed with PJM and that, on Oct. 28, 2016, PJM received their’ initial deposits. The companies said they attempted to comply with PJM’s New Service Queue Closing Date of Oct. 31. They said that on Oct. 28, the agreements were shipped to PJM by Federal Express, utilizing a “two-day A.M.” express service. But they said that due to their inadvertent error in interpreting the applicable Federal Express delivery policy, the agreements were not received by PJM until Nov. 1. So they asked FERC for a one-day waiver of the Oct. 31 deadline.

Motions to intervene out-of-time in this case were submitted by Dayton Power and Light, the Public Utilities Commission of Ohio, Old Dominion Electric Cooperative, Rockland Electric Co., NextEra Energy Resources LLC, E. ON Climate & Renewables North America LLC, EDF Renewable Energy Inc. and Invenergy Companies. PJM filed a protest.

PJM argued that the waiver request should be denied, asserting that the applicants have failed to demonstrate their inability to comply in good faith with the relevant deadline and have not shown that no harm will be caused to third parties. PJM asserted that the applicants had six months to submit their interconnection requests but delayed in doing so until the business day before the new services queue deadline. PJM contended that, even then, applicants failed to diligently research and obtain the proper Federal Express delivery service necessary to meet the deadline.

Said the Dec. 2 FERC decision: “The Commission has granted waiver of tariff provisions where: (i) the applicant acted in good faith; (ii) the waiver is of limited scope; (iii) the waiver addresses a concrete problem; and (iv) the waiver does not have undesirable consequences, such as harming third parties. We find that Applicants’ waiver request satisfies these criteria.”

  • Pinewood Wind is developing a 200.1-MW project in Pulaski County, Virginia. The Pinewood Wind Project will interconnect with the Virginia Electric and Power transmission system, which is operated by PJM, and has a planned commercial operation date (COD) in December 2019.
  • Long Prairie Wind is developing a 300.15-MW wind project in Van Wert, Ohio, that will interconnect with the AEP Ohio transmission system, operated by PJM. It has a planned COD in December 2019.
  • Rocky Forge Wind is developing a 96.6-MW wind project in Botetourt County, Virginia. The Rocky Forge Wind Project will interconnect with the Virginia Electric and Power transmission system. It has a planned COD in December 2019.

A project contact is: Steven Hollingsworth, Associate Internal Counsel, Apex Clean Energy Inc., 310 4th St. NE, Suite 200, Charlottesville, VA 22902, Tel: (434) 328-2304, steven.hollingsworth@apexcleanenergy.com.

About Barry Cassell 20414 Articles
Barry Cassell is Chief Analyst for GenerationHub covering coal and emission controls issues, projects and policy. He has covered the coal and power generation industry for more than 24 years, beginning in November 2011 at GenerationHub and prior to that as editor of SNL Energy’s Coal Report. He was formerly with Coal Outlook for 15 years as the publication’s editor and contributing writer, and prior to that he was editor of Coal & Synfuels Technology and associate editor of The Energy Report. He has a bachelor’s degree from Central Michigan University.