Public Hearing on the Highland New Wind Project

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Approval of a Conditional Use Permit

The hearing before the Board of Supervisors in the Highland Elementary School gym began at 6:30 p.m. on Thursday, 19 May 2005, and ended at 1:55 a.m. on the 20th. After a long presentation by two attorneys for HNWD, 18 members of the public, as well as two shills for the wind industry, spoke in favor of the project. This took almost an hour, from 7:30 until about 8:25. After a short break, 81 people spoke for five hours in opposition. Dozens more opponents had left by the time their names were called after midnight. After closing the hearing the Supervisors voted to table the matter and continued their meeting. It was later decided to vote on the conditional use permit on 14 July, right at the end of the 60-day period allowed by law. Below is a list of articles from The Recorder covering this hearing in great detail.

• Highlanders gather to define their community – Report on the HNWD public hearing – 27 May 2005, p. 1, 3-4.
• We heard from Highland New Wind Development suggesting the county could only benefit – 27 May 2005, p. 5.
• We heard from wind energy project supporters and from those who feel uncertain – 27 May 2005, p. 6-7.
• We heard from Allegheny Mountain neighbors – 27 May 2005, p. 7.
• We heard from opponents all over Highland and more of those opposed to the utility – 27 May 2005, p. 8-9.
• A transcript: Hearing on wind energy proposal – a nearly verbatim transcript of over seven hours of testimony – 3 June 2005, p. 53-72. [208 Kb – 20 pages of fine print. Use the zoom feature of your Acrobat Reader to magnify it so it is readable.]

On 14 July 2005 the Highland County Board of Supervisors approved a conditional use permit for McBride’s project with a 2-1 vote, with Robin Sullenberger voting nay. McBride must now file an application with the State Corporation Commission but this has not been done as of 15 September. As I understand it, the SCC could conduct an expedited review because the project is less that 50 MW. It is important for them to conduct a comprehensive review, especially since this is the first wind proposal in Virginia. They should also be urged to hold a public hearing locally. Below is a list of articles from The Recorder covering this decision in great detail, including Sullenberger’s statement regarding his ‘no’ vote. Three lawsuits have been filed as a result of actions taken by the Highland supervisors. One challenges the height change to the zoning ordinance, the second deals with threats to endangered species, and the latest challenges the conditional-use permit itself. Stay tuned . . . .

• Wind permit approved – Third lawsuit looms; opponents vow to fight on – 22 July 2005, p. 1, 3-4.
• Vote sparks bitterness from many, applause from some – 22 July 2005, p. 3, 5.
• Board’s vote no surprise – 22 July 2005, p. 5-6.
• Sullenberger explains his ‘no’ position – 22 July 2005, p. 7-8. [15 Kb]
• The Board of Supervisors had their attorney prepare two resolutions (one to approve and another to deny the wind permit) to avoid the appearance that approval was preordained. Following is the text of both resolutions. The resolution of approval, which was adopted, lists the conditions imposed on the developer.
  Resolution of denial – 22 July 2005, p. 8. [9 Kb]
  Resolution of approval – 22 July 2005, p. 8-9. [17 Kb]
• As the playing field grows, so do the number of players – 22 July 2005, p. 9, listing the agencies and attorneys now involved.
• Highlanders to sue if wind permit issued – 8 July 2005, p. 1, 3
• Wind site neighbors serve notice to board – 8 July 2005, p. 3-4. [14 Kb]

John R. Sweet, Mustoe, VA

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