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Last Updated 10:11 PM Sunday, September 05, 2010
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News
| 2/7/2009 6:00:00 AM | Email this article • Print this article | Supreme Court
Rules For UPC
Amy Ash Nixon
Staff Writer
The Vermont State Supreme Court has ruled in favor of UPC Vermont Wind in an appeal brought by Ridge Protectors Inc., upholding the Public Service Board's issuance of a certificate of public good allowing construction of a wind farm in the town of Sheffield.
The Supreme Court ruling said the Public Service Board had proven its case at every turn, and that the claims of the Ridge Protectors were without merit in most instances, and did not offer evidence to cause reconsideration of the certificate's issuance.
Paul Brouha of Sutton, one of the lead members of the Ridge Protectors, said Friday, "We're disappointed, that's certainly true. ... The decision is fairly unequivocal and it's very supportive of the Public Service Board's decision ... if they can put them in this pristine area, they can put them anywhere. So, we're really concerned with that."
"We're not happy," the Ridge Protectors said in an e-mail Friday afternoon. "Ridge Protectors primary concern is that this is going to forever change the wild natural character of the Northeast Kingdom and the reason we are hanging in there so long is that this is just one of six projects that are proposed for the Northeast Kingdom and it's going to dramatically change what this place is all about."
The Supreme Court upheld the Public Service Board's decision ranging from economic impacts to aesthetics to whether the towering turbines were in agreement with regional and town plans for the region.
"In this appeal, we consider whether the Vermont Public Service Board erred in issuing a certificate of public good (CPG) to UPC Vermont Wind, LLC, for a wind generation facility in Sheffield, Vermont," the decision states.
"With this standard in mind, we briefly review the underlying proceedings. UPC sought a CPG allowing it to construct a 16-turbine, 40-megawatt wind-generation in Sheffield. The project would be located high on a ridge line, with rotors 315-feet in diameter on towers 262-feet high ... With the blade tip in vertical position, the total height would be approximately 420 feet," the Supreme Court said.
The project's expected annual energy production would meet the energy demand of more than 15,000 homes, equivalent to about 45 percent of households in northeastern Vermont, and UPC proposed to sell the energy it generated to Vermont utility companies.
Before issuing its certificate of public good, the Public Service Board held three public hearings and a 10-day evidentiary hearing, the decision states. "In reaching its conclusion, the Board recognized that the project would have some negative impact on aesthetics, among other considerations, but concluded that these impacts would not be unduly adverse."
Vermont Wind LLC. issued the following statement regarding the ruling, "We are pleased that the court has decided to affirm the VPSB's decision to allow the permitting of the Sheffield Wind Project. First Wind will continue to move forward with the project in accordance with the certificate of public good granted for the project. We believe this project has the potential to bring significant economic and environmental benefits to the state and we look forward to continuing to work with the town of Sheffield and the surrounding region to bring clean wind energy to the people of Vermont."
The Supreme Court said of the Public Service Board's decision, "We find no basis to disturb its conclusion that this project, with appropriate conditions, complies with the statute and promotes the general good of the state, and thus, is entitled to a CPG.
"Ridge essentially asks this court to reconsider the evidence and reach a conclusion opposite to that reached by the board," the Supreme Court said. "This we will not do. It is for the board, not this court, to weigh the evidence and assess the credibility of witnesses."
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Reader Comments
Posted: Saturday, March 21, 2009
Article comment by:
tundraleigh
Lighthouses were considered eyesores. So, by the way, was the Eiffel tower. People are afraid of change. THis wind farm is representative of a shift that goes much deeper than the hills of the Kingdom. THis is about a shift from privilege and isolationism to that of a new world of shortages, tough decisions, trade offs and sacrifice. Wind energy is going to be one of the easy ones, we're just warming up to the truly tough decisions: water scarcity, biological contamination, economic depression... There is the potential for thinking people to move toward renewable energy - not perfect but better than other options currently available - global climate change and all that comes with it, or a scarcity of energy and the deep painful poverty it will bring to our society. Well-sited wind projects can contribute to something better. Denial can never be effective forever - better to accept and understand that the world is dynamic and always responding to our collective actions. There is no doubt that our reckoning has begun, but it isn't about focusing on guilt, or how bad things may become. It is about learning to accept that things may not work out the way we might have hoped, and making the best of the options that we do have available, and hopefully doing so thoughtfully, deliberately and with an eye toward not only the next five or ten years, but with the future of all of our families in mind. We've dug a hell of a hole over the last 150 years. We can give up, we can pretend it doesn't exist, or we can roll up our sleeves and start making our way back up - it will be hard, it will be painful, sometimes it's going to be tragic and sometimes it's going to hit home, but the only way out is straight back up through the set of circumstances that have come to pass. I say best of luck to those involved in the wind project, may they feel pride and a sense of joy in the success that they've created. ANd may they come to our home here in the Kingdom with humility and in the spirit of brotherhood. Best of luck to my neighbors, may we remember that beauty is all around us and that the gift of our lives cannot be diminished. May we remember the spirit of community is love and sacrifice for the good of the whole and not in keeping the world forever frozen in a moment in time. And best of luck to the opponents - may you find within yourselves compassion and far-sightedness. May you learn forgiveness and acceptance. May you find the strength to trust that all things happen for a reason. May you cultivate compassion and respect for the majority, who have overruled your voices in this particular decision. I very much look forward to beautiful Sheffield WInd - a place to go and contemplate that with humility and grace on our part, there is still a place for unbridled hope in the world.
Posted: Monday, February 09, 2009
Article comment by:
Martha Thacker
UPC, UPCII, EvergreenLLC,First Wind, First Wind LLC and now First Wind Holdings.(name changes in less than 2 yrs.) Google SEC First Wind IPO. Criminal company with numerous lawsuits ...High up govt. backing. i.e. Larry Summers who bought a lot of Enron assets, ex executives and backs First Wind through D E Shaw Group. Courts either delay trying these cases or come down in favor of First Wind because of govt. corruption.
Posted: Sunday, February 08, 2009
Article comment by:
ray
Go windpower I don't think it will hurt the people from comng here to see vermont . should we pay higher pricses when VT yankee closes down
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