Friday December 11, 2009 Developing wind power not easy task by George Hohmann Daily Mail Business Editor http://www.dailymail.com/Business/200912100805

CHARLESTON, W.Va. -- West Virginia is the third-largest producer of wind power in the eastern United States, but as a judicial decision in Maryland this week shows, developing the resource isn't easy.

New York is the leading wind energy producer in the East. As of April 30 New York had 1,274 megawatts of installed capacity, followed by Pennsylvania with 366 megawatts and West Virginia with 330 megawatts, according to the U.S. Department of Energy's National Renewable Energy Laboratory.

Two wind projects are currently operating in West Virginia - the 66-megawatt Mountaineer Project in Tucker and Preston counties, which went online in December 2002, and the 264-megawatt Mount Storm Project in Grant County, which was completed in August 2008.

Construction of a third project, the 100.5-megawatt Beech Ridge Wind Farm in Greenbrier County, began earlier this year. But the $300 million project was dealt a setback on Tuesday when U.S. District Judge Roger Titus halted it, citing potential harm to the federally endangered Indiana bat.

Titus ordered the project halted until Beech Ridge and Invenergy, its corporate parent, obtain a permit from the U.S. Fish and Wildlife Service. Titus also said the company cannot operate any of the project's 40 existing turbines between April 1 and Nov. 15, when the bats are migrating. The project is designed to have a total of 122 turbines stretching over 23 miles.

John Stroud, co-chairman of Mountain Communities for Responsible Energy, one of the environmental groups that filed the lawsuit, told The Associated Press that group members were "really delighted with the ruling."

Invenergy attorney Joe Condo said the company "continues to be committed to the Beech Ridge project." He said the company will seek the permit and is "very optimistic that the permit will be granted and the project can reach its full potential."

Matt Turner, Gov. Joe Manchin's communications director, was asked on Wednesday if the governor had a comment on Judge Titus' ruling.

"Considering everything we've been hearing lately, the Governor said it does not surprise him, and it seems we're seeing more obstacles toward things that seem to make sense," Turner said.

"Obviously, this could have tremendous impact on wind power generation and highlights the difficulty in meeting our energy needs and balancing environmental repercussions, a complexity that's often not understood."

Manchin, speaking Tuesday at his annual Energy Summit at Stonewall Resort, said, "We're looking at everything we can to enhance the development of wind power and siting on mountaintop removal sites." He urged summit attendees interested in such projects to contact him.

The law firm Jackson Kelly has been a part of almost every wind power case that has come before the West Virginia Public Service Commission, which regulates wind farms. Rob Alsop, a member of the firm's Charleston office, was a featured speaker at the Energy Summit.

In his presentation, Alsop said the Public Service Commission must engage in a balancing test of many issues that takes into account the public, state and local economy and interests and the interests of the applicant before determining whether a wind power project can proceed.

The regulatory environment is not hostile but "I will say it is a thorough process," he said.

To gain approval Alsop said a project must submit a five-mile map and aerial photography; a view shed study; avian and bat studies; a noise study; traffic studies; an architectural study; an archaeological study; a hydrological study; wetlands delineation; an economic impact study; and a rare, threatened and endangered species study.

The avian and bat studies are about a yearlong process that involves the U.S. Fish and Wildlife Service, he said. For a view shed study "you've got to go out about 20 miles and there are a lot of view sites."

In addition to the Mountaineer, Mount Storm and Beech Ridge projects, Alsop said the following projects are in various stages of approval:

* AES Laurel Mountain, a proposed 65-turbine, 1.5-megawatt wind farm on Laurel Mountain in Barbour and Randolph counties. In June the state Supreme Court refused to interfere with the state Public Service Commission's decision to authorize the project.

* AES New Creek, a proposed 66-turbine, $308 million project on New Creek Mountain in Grant County. The state Public Service Commission approved the project in October but said AES must complete an endangered-species study, among other actions, before proceeding.

* Pinnacle Wind Farm at Newpage, Mineral County. The proposed project would have 23 wind turbines. It is awaiting a decision of the state Public Service Commission.

Alsop said, "There's every reason to think that West Virginia will continue to be a wind power player." He noted that:

* The West Virginia Wind Working Group continues to meet. The group's objective is to promote the development of wind energy for the benefit of West Virginia.

* There are entities that continue to research potential wind farm sites in the state.

* The Eastern West Virginia Community and Technical College is developing courses to train wind-energy technicians.

Contact writer George Hohmann at busin...@dailymail.com or 304-348-4836.