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North Dakota wind project generates two lawsuits in Minnesota 

Credit:  By David Shaffer, Star Tribune, www.startribune.com 5 May 2011 ~~

Xcel Energy and EnXco, the developer of a North Dakota wind farm that poses potential risk to two species of endangered birds, have sued each other over the utility’s decision to drop out of the project.

The two companies filed suits Wednesday in U.S. District Court in Minnesota, asking for a ruling on whether Xcel has the legal right to withdraw from its contract to acquire the proposed $400 million Merricourt project.

Xcel, the Minneapolis-based electric and gas utility, withdrew from the 100-turbine project five weeks ago, citing delay and higher cost to protect the birds. EnXco alleged in its lawsuit that Xcel wanted out because electrical demand is down.

Just last week, both sides took steps that suggested the disagreement might be over. EnXco refunded Xcel’s $100 million down payment, and Xcel said it will look for other wind projects, possibly partnering with EnXco, the American subsidiary of EDF Energies Nouvelles, at another location.

Source:  By David Shaffer, Star Tribune, www.startribune.com 5 May 2011

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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