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Wednesday, March 16, 2016

Ind. Gov't. - More on: Fight over proposed wind farm contract decommissioning language

Updating this ILB post from March 14th, that quoted from a story by James Sprague, Connersville News-Examiner editor (via The Indiana Economic Digest), here are some quotes from a long follow-up (with the same provenance) headed "Fight over proposed wind farm for Fayette, Henry and Rush counties hits courts":

The fight against the proposed wind farm project has been picked back up again, by a large group of Fayette County citizens, with the filing late this week at the Fayette County Clerk’s Office of a civil plenary complaint against both the Fayette County Commissioners and NextEra Energy Resources, the energy company behind the Whitewater Wind Farm project.

The project, slated to span Fayette, Henry and Rush counties and begin construction this year, would see approximately 43 wind turbines place in Fayette County, specifically in Posey and Fairview townships.
The complaint, filed by attorney Stephen R. Snyder of Snyder Morgan LLP in Syracuse, Ind., is on behalf of 34 Fayette County residents – spearheaded by residents Craig Mosburg, Joe Schultz and Cecil Bell – who believe the county’s contract with NextEra Energy Resources, regarding the decommissioning of wind turbines in the proposed project, is not valid or in accordance with the county’s zoning ordinance.

The complaint focuses specifically on an addendum to the decommissioning agreement the county and NextEra Energy signed off on for the project in September 2015, which was supposed to clarify language in the contract for how long and how much the security bond required by the energy company would be for regarding decommissioning wind turbines at the end of the project.

The decommissioning agreement between the two parties has been called into question several times since August 2015, when local attorney Gary Smith first broached the subject at the county’s Board of Zoning Appeals hearing concerning NextEra’s special exception applications for construction of the Whitewater Wind Farm project.

Posted by Marcia Oddi on March 16, 2016 10:30 AM
Posted to Indiana Government