KEYSER, W.Va. —The West Virginia Public Service Commission has dismissed a noise and light flicker complaint made by Gary Braithwaite against the wind turbines at Pinnacle Wind Farm at NewPage on Green Mountain.
The PSC dismissed the complaint because the sitting order does not contain material terms and conditions related to noise or flicker and because the agency does not possess the statutory authority to address the issues raised by Braithwaite, according to the commission’s final order.
The case will also be removed from the PSC document’s of open cases.
Braithwaite can file a nuisance complaint in circuit court, according to PSC documents.
Braithwaite, along with 26 families, have hired Henry Wood of Wood Law Office in Charleston and are discussing the possibility of filing a suit for damages, according to Richard Braithwaite, Gary Braithwaite’s brother.
The PSC’s decision to dismiss the case comes after a staff attorney and Pinnacle Wind Farm LLC suggested in July that the case be dismissed.
“Legal staff continues to believe the commission has investigatory authority over this matter, but the commission has clearly stated it does not believe it has jurisdiction,” wrote Staff Attorney John Auville in his memo to Sandra Squire, PSC executive secretary. “Therefore, staff’s only recommendation at this time is to dismiss the case,” he wrote in reference to resident Gary Braithwaite’s complaint.
Pinnacle Wind LLC agreed with Auville and stated that the commission should dismiss the case because it was very similar to a previous complaint made by Richard Braithwaite, which was dismissed in June by the commission because of lack of jurisdiction.
Edison Mission Group is working on installing louvers on 22 wind turbines to curtail the noise and all louvers were expected to be installed by the end of July.
“The wind turbines are still making noise even though they aren’t running all the time,” said Richard Braithwaite, who said the turbines make a low, vibrating sound.
The 55.2-megawatt Pinnacle wind farm, stretched in a line on several miles of Green Mountain ridge alongside Keyser, was commissioned in January 2012.
Calls to Edison Mission Group and Henry Wood for this article were not immediately returned.
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