In re Application of 6011 Greenwich Windpark, LLC

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The Supreme Court affirmed the orders of the Ohio Power Siting Board approving the application of 6011 Greenwich Windpark, LLC to add three new wind-turbine models to the list of turbines suitable for Greenwich Windpark's proposed wind farm in Huron County, holding that the Board's approval of Greenwich Windpark's application did not require an amendment of its certificate. On appeal, Appellant argued that, in approving the proposed changes, the Board acted unlawfully and unreasonably by refusing to subject Greenwich Windpark's application to the enhanced minimum turbine-setback requirements applicable to any certificate "amendment" under the current versions of Ohio Rev. Code 4906.20 and 4906.201. The Supreme Court affirmed, holding that the Board adopted a reasonable and practical approach for determining when an amendment is necessary for purposes of the statutes and that, under the circumstances, the Board's decision was not unlawful or unreasonable. View "In re Application of 6011 Greenwich Windpark, LLC" on Justia Law