In re Application of Black Fork Wind Energy LLC, Case No. 2017-0412
Ohio Power Siting Board
- Did the Ohio Power Siting Board amend an express, material term of a certificate to construct and operate a wind farm without complying with the statutorily required procedures for amending a certificate?
- Did the Ohio Power Siting Board alter, waive, or dispense with the statutorily required procedures for amending a certificate without authority?
- Did the Ohio Power Siting Board extend the period within which the certificate holder must "commence a continuous course of construction" without showing good cause?
- Did the Ohio Power Siting Board evade application of the setback requirements that took effect in state law in September 2014?
In January 2012, the Ohio Power Siting Board approved a "certificate of environmental compatibility and public need" for Black Fork Wind Energy to build and operate a commercial wind farm in Crawford and Richland counties. The wind-farm project area encompasses approximately 24,000 acres. The facilities, consisting of up to 91 wind turbines, are designed to span approximately 14,800 acres that Black Fork has leased from 150 participating property owners. The certificate, with a five-year term ending in Jan. 23, 2017, included 80 conditions to attempt to minimize the project's impact at the site.