March 4, 2021

Volume XI, Number 63

Advertisement

March 04, 2021

Subscribe to Latest Legal News and Analysis

March 03, 2021

Subscribe to Latest Legal News and Analysis

March 02, 2021

Subscribe to Latest Legal News and Analysis

Indiana Commission Approves Headwaters Wind Project

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 operation is achieved and annual reports thereafter.

Advertisement
©2020 All Rights Reserved. Lewis Roca Rothgerber LLPNational Law Review, Volume III, Number 263
Advertisement
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

Dave McGimpsey, Lewis and Roca Law Firm, Energy Attorney
Special Counsel

Dave McGimpsey represents utility, energy, government, and private clients in regulatory and transactional matters. His core practice includes representing energy and water/wastewater utilities in regulating proceeding and transactional matters. He has been involved in over 1,700 MW of renewable energy development and has counseled energy clients on a wide spectrum of issues including tariff matters, regulatory proceedings, and other transactional matters. Dave has lead counsel experience in rate, financing, service area certification, asset transfer cases, and other regulatory...

303-628-9545
Advertisement
Advertisement