RICHMOND — The State Corporation Commission (SCC) has granted conditional approval to a proposed wind-powered electric generation facility in Highland County. All conditions to minimize adverse environmental impact must be met including a post-construction bat and bird mitigation plan.

Highland New Wind Development, LLC seeks to build and operate up to 20 wind turbines along a mountain ridge near the Virginia-West Virginia border. Under current Virginia law, the SCC may approve electric generation projects that do not threaten the reliability of the electric system, advance electric competition, and have positive impacts on economic development. The SCC must also consider environmental impact.

The post-construction monitoring program adopted by the Commission "will provide significant information on the impacts to protected species." The Virginia Department of Game and Inland Fisheries will implement the program. The Commission will address any disputes that may arise.

Highland Wind will pay for monitoring and mitigation. The Commission established annual minimum and maximum payments. It determined that such a condition on the project is necessary to minimize adverse environmental impact.

Commissioner Judith Williams Jagdmann, while agreeing with approval of the project, dissented to that part of the SCC's order which provides for subsequent proceedings to increase the maximum annual payments required of Highland Wind for mitigation. Commissioner Jagdmann wrote that an "applicant before this Commission, requesting a certificate of public convenience and necessity under Virginia statutes, deserves a more definitive ruling on the requirements that will be attached to such certificate."

The SCC order approving the facility is contingent on construction starting within two years. Highland Wind may petition the Commission for an extension, if necessary.

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Case Number PUE-2005-00101