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Verrill Dana Congratulates TransCanada on Major Project Milestone
On March 5, 2008, the Maine Land Use Regulation Commission (LURC) unanimously voted to approve the zoning change and preliminary development plan sought by TransCanada for its Kibby Wind Power Project. When operational in 2009/2010, the Kibby Wind Power Project, located in Kibby and Skinner Townships in the Boundary Mountains in Franklin County, will produce approximately 132 megawatts of electricity, making it the largest wind power generating facility in New England. The electricity generated from the Project will serve the electricity needs of approximately 50,000 Maine homes. The LURC rezoning signifies a major regulatory step towards the Project’s success.
In January, the LURC Commissioners voted to direct its staff to draft the approval document. During its January deliberations, LURC Commissioners complimented TransCanada on its application, with one Commissioner stating that TransCanada had “set the standard” for successful completion of a wind power project application in Maine.
Because the transmission line passes through several jurisdictions, it has required the approval of multiple local and state permitting authorities. On October 12, 2007, the Department of Environmental Protection issued a Site Location of Development Law (Site Law) and Natural Resources Protection Act (NRPA) permit for the transmission line sections located within the organized towns of Eustis and Carrabassett Valley. On February 28, TransCanada received approval from the Town of Carrabassett Valley for a portion of the transmission line located in that town.
The permitting process is still underway. In April, TransCanada submitted its final development plan to LURC and anticipates that the Commission will complete its review this summer. Approval of the final development plan would constitute the final step in the LURC permitting process. TransCanada has also submitted an application to the U.S. Army Corps of Engineers, which is reviewing the project’s impacts to wetlands under Section 404 of the Clean Water Act, and is in the process of obtaining other local permits.
The Kibby Wind Power Project will support Maine’s twin goals of energy independence and greenhouse gas reduction, while helping to stabilize regional electricity costs. These State goals were highlighted in the recently released Governor’s Wind Power Task Force report, which called for at least 3,000 MW of wind to be constructed by 2020. Construction of the Kibby Wind Power Project is expected to begin later this year once all permit approvals have been obtained.
Verrill Dana’s permitting team on the Kibby Wind Power Project is led by Juliet Browne, Chair of the Firm’s Environmental Law Practice Group.
About Verrill Dana:
Verrill Dana, LLP is a full-service law firm with more than 100 attorneys conducting a nationwide practice from offices in Portland, and Augusta, Maine; Boston; Hartford; and Washington, D.C. To learn more, visit our website at www.verrilldana.com.
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