Oral arguments set for December in Buckeye Wind appeal case


By Nick Walton - nwalton@civitasmedia.com



Oral arguments will be heard in the second phase of the Buckeye Wind turbine project at the Ohio Supreme Court later this year.

According to the case’s docket on the state Supreme Court’s website, oral arguments are scheduled for Dec. 16.

The announcement comes more than two years after the Ohio Power Siting Board approved a certificate to build the project in May 2013. The second phase of the project proposes to construct more than 50 turbines in Champaign County.

Under development since 2006, the Buckeye Wind project proposed to construct more than a combined 100 turbines in the county through two phases.

An application for certificate in the second phase of the project was filed by project developer EverPower in May 2012.

Intervening parties in the second phase of the project included Champaign County, the city of Urbana, Pioneer Electric, citizen group Union Neighbors United (UNU) and multiple townships. After the board rejected applications for rehearing in September 2013, the county, Goshen, Union and Urbana townships and UNU filed appeals with the Ohio Supreme Court in November 2013.

The first phase of the project was approved for construction in March 2010 and the board’s decision was upheld by the state Supreme Court in March 2012.

Outside of the second phase of the project, an amendment to the first phase of the project is pending with the state Supreme Court.

EverPower is also developing the Scioto Ridge project consisting of up to 180 turbines in Logan and Hardin counties. This project is also pending in the Ohio Supreme Court.

The last action taken by the Ohio Power Siting Board was rejecting UNU’s application for rehearing last month. The application for rehearing was related to a motion for extension that allowed EverPower to build the first phase of the project no later than May 28, 2018, instead of the original certificate date of March 22, 2015.

The board approved the motion in August 2014.

If UNU plans to appeal the board’s Aug. 27 decision, the deadline is Oct. 26.

By Nick Walton

nwalton@civitasmedia.com

Nick Walton can be reached at 937-652-1331 Ext. 1777 or on Twitter @UDCWalton.

Nick Walton can be reached at 937-652-1331 Ext. 1777 or on Twitter @UDCWalton.