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Indiana commission approves Headwaters wind project  

Credit:  Article By: Dave McGimpsey | Lewis Roca Rothgerber LLP | posted on: Friday, September 20, 2013 | www.natlawreview.com ~~

The Indiana Utility Regulatory Commission (Commission) issued its order approving Headwaters Wind Farm LLC’s (Headwaters) new wind development in Indiana. Headwaters is a subsidiary of EDP Renewables North America LLC. Headwaters will sell the power from the 200 MW nameplate capacity wind farm to Indiana Michigan Power Company pursuant to a 20-year power purchase agreement.

Technically, Headwaters received a partial declination of Commission jurisdiction over its development and operation of the Headwaters Wind Farm. The Commission’s order is consistent with other declination of jurisdiction cases. The Commission retained jurisdiction over transfers of Headwaters’ franchise, works or system and over certain affiliate transactions involving Headwaters. Headwaters voluntarily gave up the rights of an Indiana public utility to exercise eminent domain rights and to be exempt from local zoning and land use requirements. Also, rather than waiving a public utility’s right to use public right-of-way, Headwaters retained limited rights to use the public right-of-way within the project area. The Commission also required Headwaters to file quarterly reports until commercial op

Source:  Article By: Dave McGimpsey | Lewis Roca Rothgerber LLP | posted on: Friday, September 20, 2013 | www.natlawreview.com

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 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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