Public notice regarding Champlain Wind's Kossuth Petition

Dear Interested Persons:

The following public hearing notice is being published by the Secretary of State on September 1st. It contains information, including the schedule, for the September 22nd rulemaking hearing regarding Champlain Wind’s request to designate a portion of Kossuth Township as within the Expedited area for Wind Energy Permitting. Please see below for details. The Commission also has a guidance document regarding such petitions, which can be found at http://www.maine.gov/tools/whatsnew/index.php?topic=lurcfiles&id=93179&v=tplfiles , and which may be of help in preparing your testimony.

PUBLIC NOTICE FOR CHAMPLAIN WIND RULEMAKING

The 123rd legislature enacted, "An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development", Public Law 2007, Chapter 661 as emergency legislation that became effective April 18, 2008. The Act established the expedited permitting area for wind energy development in the jurisdiction of the Land Use Regulation Commission, and subsequently the Commission adopted through rule-making the description and map of the expedited permitting area. The description and map of the expedited permitting area were placed into the Commission’s rules as Appendix F to Chapter 10 Land Use Districts and Standards. 12 M.R.S. § 685-A(13) provides for expansion of the expedited permitting area by the Commission in accordance with 35-A M.R.S. § 3453, which states:

"The Maine Land Use Regulation Commission may, by rule adopted in accordance with Title 5, chapter 375, add a specified place in the State’s unorganized or de-organized areas to the expedited permitting area. In order to add a specified place to the expedited permitting area, the Maine Land Use Regulation Commission must determine that the proposed addition to the expedited permitting area:

1. Geographic extension. Involves a logical geographic extension of the currently designated expedited permitting area;

2. Meets state goals. Is important to meeting the state goals for wind energy development established in § 3404; and

3. Principal values and goals. Would not compromise the principal values and the goals identified in the comprehensive land use plan adopted by the Maine Land Use Regulation Commission pursuant to Title 12, § 685-C.

Rules adopted by the Maine Land Use Regulation Commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A."

Champlain Wind, LLC (Champlain) has petitioned the Land Use Regulation Commission (Commission) to expand the expedited wind energy permitting area by adding 695 acres located in Kossuth Township , Washington County. By adding this location to the expedited permitting area, any future wind energy development proposed for this location would be subject to the provisions of PL 2007, chapter 661. In the expedited wind energy permitting area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required.

Public Hearing

A public hearing will be held, and the public is invited to testify at the hearing about this rulemaking matter. An application for a wind energy development has not yet been filed, and is not the subject of this hearing. Testimony about any such potential future application is not relevant to this proceeding. The Commission requests, if possible, that those testifying at the hearing bring a written copy of their testimony for filing in the record. The hearing will be held on September 22, 2010 at Lee Academy , 26 Winn Rd , Lee , Maine , starting at 1:00 p.m. The testimony accepted at the hearing will focus on the petition by Champlain to add specified lands in Kossuth Twp., Washington County, and the applicable statutory criteria set forth at 35-A M.R.S. § 3453. Additional information on Champlain’s proposal, including the petition submitted by Champlain, may be found on the Commission’s website at: http://www.maine.gov/doc/lurc/projects/Windpower/Champlain/Champlain.html

The hearing will be conducted as follows, however the time of the break may be adjusted as is warranted by circumstances that day:

1:00 Opening Statement by Commission Chair and staff

Brief summary of proposed expedited area expansion by Champlain

Questions by the Commission

Public testimony

5:00 Break

6:00 Statement by Commission Chair and staff

Brief summary of proposed expedited area expansion by Champlain

Questions by the Commission

Public testimony

Rebuttal statements by Champlain

Closing Statement by Commission Chair

________________________________________________________________________________________________

Jeannine Lapointe
Secretary Associate
Maine Land Use Regulation Commission
22 State House Station
Augusta Maine 04333-0022
(207) 287-2632
www.maine.gov/doc/lurc

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Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT

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(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 https://www.pinetreewatchdog.org/wind-power-bandwagon-hits-bumps-in-the-road-3/From Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" https://www.pinetreewatchdog.org/wind-swept-task-force-set-the-rules/From Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.” https://www.pinetreewatchdog.org/flaws-in-bill-like-skating-with-dull-skates/

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Hannah Pingree on the Maine expedited wind law

Hannah Pingree - Director of Maine's Office of Innovation and the Future

"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."

https://pinetreewatch.org/wind-power-bandwagon-hits-bumps-in-the-road-3/

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