SEC Voted to Assert Jurisdiction Over Antrim Wind Project

The New Hampshire Site Evaluation Committee voted June 27, 2011 to assert jurisdiction over a 24 megawatt wind energy facility proposed to be built in Antrim, New Hampshire by Antrim Wind Energy, LLC. Because the size of the Antrim wind project is below 30 megawatts, the Site Evaluation Committee’s jurisdiction under state law is discretionary. The Antrim Board of Selectmen, Antrim Wind Energy, LLC and over 100 registered voters in the Town of Antrim had petitioned the SEC to take jurisdiction. The Antrim Planning Board and over 100 Antrim voters petitioned the SEC not to take jurisdiction. In support of their argument for local control over the project, the jurisdictional opponents stated that an Ad Hoc Committee in Antrim was in the process of developing a town ordinance and site plan approval regulations for wind energy facilities and should be allowed to complete its work so that the project could be reviewed by the Town rather than the State SEC. After a 5-5 vote to defer its decision, the SEC voted 6-4 to assert jurisdiction. It also voted to require Antrim Wind to file an application for a certificate of site and facility with the Committee by 1/31/12. Susan Geiger is lead counsel on the SEC matter and has been assisted by Maureen Smith, Doug Patch and Rachel Goldwasser. Rachel has also been assisting Richard Uchida with local land use issues related to this project.