The development of industrial scale wind plants in western North Carolina is a legal, political, economic, and environmental question. In order to understand the current situation of proposed wind energy in North Carolina , it is necessary to understand the relevancy of the “Ridge Law”. In 1983, following the construction of an obtrusive high rise condominium on Sugar Mountain in Avery County, public outrage led to the NC General Assembly's enactment of The NC Mountain Ridge Protection Act (G.S. 113A-205). The Ridge Law prevents structures exceeding 40 feet from being erected along ridge tops exceeding 3000 feet. There are several exceptions, but the ones relevant to this discussion are: structures of a relatively slender nature and minor vertical projections of a parent building, including chimneys, flagpoles, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills . The interpretation of this wording is currently in dispute.

In the fall of 2001, the Tennessee Valley Authority attempted to establish an industrial scale wind plant in Tennessee near the NC border, and possibly into NC. This attempt met considerable opposition by NC residents. A Feb. 2002 letter from NC Attorney General Roy Cooper to the TVA asserted that the wind turbines (defining them as different from windmills) would be prohibited by the Ridge Law.

It is our belief that the Attorney General's interpretation of the Ridge Law is thorough, well reasoned and correct, and clearly prohibits installation of wind turbines. For Wind Developers and advocates to imply that 400 ft. wind turbines are exempt while 40 ft. tall buildings or structures are not is ludicrous, and would render the Ridge Law useless.

It is imperative that you email or send a letter to Attorney General Roy Cooper stating your support for his 2002 interpretation of the Ridge Law; state your belief that wind turbines are not wind mills and are not exempt from the 1983 NC Mountain Ridge Protection Act.

NC Attorney General
Roy Cooper
90001 Mail Service Center
Raleigh, NC 27699-9001
Ph. (919) 716-6400
Fax (919) 716-6750
www.ncdoj.com/default.jsp
For email please visit the link below and use the easy submit form.
http://www.ncdoj.com/default_contactus_form.jsp?sectionid=ag&subsectionid=general

On July 26, 2006 Northwest Wind Developers, LLC filed for a certificate of public convenience and necessity for an electric generation facility consisting of 25-28 windmills to generate two megawatts by each wind turbine generator system – (Docket SP 167- SUB 0). Due to some incorrect information the application was withdrawn on Oct. 9, 2006. On Oct. 27, 2006 the same application was refiled (Docket SP 167- SUB 1). A hearing with the North Carolina Utilities Commission (NCUC) was scheduled for February 2006.

Until the 2006 filing referenced above, few if any Ashe county residents knew about the proposed wind turbines, even though minutes from County Commissioner meetings indicate there was discussion about wind energy (in Ashe County) among Commissioners as early as March 2005. Another interesting note is that the primary investor of Northwest Wind Developers, LLC was a County Commissioner at the time these wind energy discussions began.

Before the February Utilities Commission hearing, Ashe County Commissioners adopted a resolution requesting the NCUC delay their decision (for 90 days) before issuing a permit for the proposed wind plant. The delay was requested to give the County time to determine the impact from the proposed project.

On Feb. 13, 2007 in Raleigh , the NCUC reconvened for the purpose of receiving additional public witness testimony and expert witness testimony in regard to a request from Northwest Wind Developers, LLC to construct 25-28 utility grade wind turbines on Big Springs Mountain in Creston , NC . After a 3 hour session, the hearing ended with the announcement of an extension that would continue the process and delay a decision until later this year. The NCUC will reconvene on Aug. 8, 2007 for another hearing.

Before the next hearing, it is important to write or email the North Carolina Utilities Commission to express your opposition to Docket SP-167 SUB 1. Your letter will be referred to as a “consumer statement of position” and will become part of the permanent transcripts regarding this docket. There are numerous consumer statements of position from many Ashe county residents as well as from other residents around the state. There are letters from various concerned agencies and organizations from around the state e.g. NC Audubon, US Dept.of Interior Fish and Wildlife Service, Blue Ridge Electric, etc. All testimony, letters, and emails can be read on the NCUC website. On the NCUC home page, go to the left side and click on search. Type in the docket number to review all documents from each of the dockets listed below.

SP-167 SUB 0
SP-167 SUB 1

North Carolina Utilities Commission
4325 Mail Service Center
Raleigh , NC 27699-4325
Ph# 919-733-7328
Fax# 919-733-7300
http://www.ncuc.net

Wind Farm Application Dismissed!

Northwest Wind Developers' application for a wind plant in Ashe County was dismissed by the N.C. Utilities Commission on July 26 th, two weeks before the scheduled August hearing. Earlier in the year (Feb. 13 th ) the Utilities Commission revised the schedule on the application to allow Northwest additional time to revise their application because of a variety of deficiencies in the application. The deterioration of the project began in early July, when Northwest missed the deadline to submit a revised application. Friends of Ashe County (an opposition group) filed a motion asking for dismissal of the application. This request led to the Utilities Commission to issue a show cause order to Northwest on July 13 th , which gave Northwest until July 25 th to demonstrate to the Commission why the application should not be dismissed. On July 18 th , Richard Calhoun, an owner of Northwest Wind Developers filed a letter with the Commission asking for a “conditional certificate” for the project because he was unable to get funding for the studies and other preliminary work needed for the application. Two days later, Friends of Ashe County filed a response to the letter, arguing “the undisputed record in the docket demonstrates that the applicant has not satisfied the minimum prerequisites of the statute to permit conditional approval” and that issuance of conditional approval to obtain financing was not sufficient basis for the Utilities Commission to issue conditional approval. On July 24 th Northwest's attorney filed a motion to withdraw as counsel for Northwest. On July 26 th the Utilities Commission acted to dismiss Northwest's application because the application was incomplete and was not supported by competent testimony. The dismissal was made “without prejudice” which means the company can refile an application for the project in the future.