Download 3. Application - Maryland Public Service Commission

BEFORE THE
PUBLIC SERVICE COMMISSION
OF MARYLAND
IN THE MATTER OF:
Case No.
THE APPLICATION OF SYNERGICS WIND ENERGY, LLC.
FOR A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO CONSTRUCT A 40-MW WIND
POWER FACILITY IN GARRETT COUNTY, MARYLAND
APPLICATION OF SYNERGICS WIND ENERGY, LLC.
FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
I. INTRODUCTION
Pursuant to §§ 7-207 and 7-208 of the Public Utility Companies Article (“PUC Article”) of
the ANNOTATED CODE OF MARYLAND and Title 20, Subtitle 79 of the Code of Maryland
Regulations (“COMAR”), Synergics Wind Energy LLC (“Synergics” or the “Applicant”) hereby
files its Application for a Certificate of Public Convenience and Necessity (“Application”).
The Maryland State General Assembly has found that: (1) The benefits of electricity
generated from renewable wind energy includes long-term decreased emissions, a healthier
environment, increased energy security, and decreased reliance on and vulnerability from
imported energy sources and accrue to the public at large; and (2) Electricity suppliers and
consumers share an obligation to develop a minimum level of these resources in the electricity
supply portfolio of the state.
The Maryland State General Assembly has passed and the Governor signed legislation to:
(1) Recognize the economic, environmental, fuel diversity, and security benefits of wind energy;
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(2) Establish a market for and lower the cost to consumers of electricity generated from wind in
Maryland. The Roth Rock facility on Backbone Mountain in Garrett County will provide a clean
source of electrical capacity to the region with minimal impacts to the environment and
surrounding area. The proposed project will impose negligible requirements on the existing
Garrett County infrastructure while providing significant benefits to the area in increased state
and local tax revenues as well as new jobs and landowner income.
This Application consists of two parts: this document and the accompanying Detailed Project
Report.
With this Application, Synergics is requesting that the Maryland Public Service
Commission (“Commission”) authorize the construction of a wind power facility of up to 40
megawatts (MW) in Garrett County, Maryland (the “Facility”). A detailed description of the
Facility is contained in the Detailed Project Report. This portion of the Application presents a
brief discussion of the basic aspects of the Facility and discusses the applicable legal framework.
Synergics also presents: (i) a list of each provision of COMAR requiring the submission of
information in an application by a non-utility for a certificate of public convenience and
necessity (“CPCN”) to construct a generating facility; (ii) a list of each statutory provision (in the
PUC Article and other pertinent statutes) that requires the Commission to make findings or give
due consideration to certain discrete subject matter in connection with such an application; and
(iii) for each such provision, Synergics either supplies the requisite information in this document,
indicates where the information can be found in the accompanying Detailed Project Report, or
represents that any additional required information will be provided.
II. THE APPLICANT
Synergics, a wind energy company focused on the development and operation of wind
energy facilities is a member of the Synergics group of companies. Synergics is involved in the
development, operation, and maintenance of independent power facilities, utilizing clean
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renewable energy. Founded in 1980, Synergics, Inc. (SI) is one of the earliest independent
power companies in the United States. In the past 23 years, it has developed more than 20 power
facilities and currently owns and operates 12 small generating facilities in seven states.
Synergics is headquartered in Annapolis, Maryland.
III. THE NEED FOR RENEWABLE RESOURSES – WIND POWER
America uses energy at an astounding rate and we cannot rely just on fossil fuels to supply it.
The burning of fossil fuels such as coal, oil, and natural gas and nuclear energy used to generate
electricity has adverse collateral impacts on the environment and it is in our interest, as a nation,
to develop renewable sources of energy. The burning of fossil fuels results in emissions of sulfur
dioxide (SO2), nitrogen oxide (NOx), and mercury (Hg), all of which are avoided with wind
power. In addition, the carbon dioxide (CO2) produced by the burning of fossil fuels contributes
to global warming.
A more detailed discussion of the reasons for the selection of wind power and supporting
data is provided in the Detailed Project Report
IV. DESCRIPTION OF THE FACILITY
Synergics Wind Energy is proposing to construct and operate the Roth Rock Wind Power
Facility utilizing a series of utility-scale wind turbines along a continuous three mile stretch of
Backbone Mountain in southern Garrett County to produce electricity in a highly efficient, costeffective, and environmentally friendly manner.
The facility will be approximately 39.6
megawatts (MW) in nominal rated capacity. The total capacity of the project could change,
depending on the power sales agreements and other factors.
The proposed wind power facility would consist of up to 24 modern turbines of 1.65-MW
nominal capacity each, mounted on free-standing tubular towers. Final choice of the equipment
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to be used is in the process of being determined but it is anticipated that the towers will be 262
feet (ft) (80 meters [m]) in height in order to achieve the highest possible capacity factor. The
turbine rotor diameter will be approximately 269 ft (82m).
The wind turbines to be used shall be of the 1.65 MW size manufactured by N.E.G.
Micon or a comparable established design with proven design, reliability, reputation, efficiency,
cost effectiveness, and availability. In order to achieve maximum power output the rotors shall
utilize blade pitch regulation that allows the turbines to remain at the highest level of
aerodynamic efficiency and increases turbine life. Additional features of the N.E.G. Micon 1.65MW Series include noise insulation of the drive train, sound-reduced gearbox, noise-reduced
nacelle, and reduced blade tip speed.
Transmission and communication cables from the turbines to the proposed substation
shall be buried in trenches running along the project access roads.
Interconnection facilities shall consist of a new substation, with step-up transformers
along with associated breakers, relays, grounding, and other electrical protection and control
equipment. The interconnection facilities will convey the power plant’s electrical output to the
138-kV Allegheny Power Company transmission lines adjacent to the project.
Major new equipment at the switching station is expected to include three dead-end
structures, six 138-kV air-break switches, three 138-kV circuit breakers, and facilities for 138kV interconnection metering. No major reinforcements to the existing utility’s system are
anticipated.
The Feasibility and System Impact Studies of the interconnection shall be conducted in
cooperation with PJM Interconnect and Allegheny Power.
Agreement is anticipated to be in place by mid 2005.
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A completed Interconnection
Construction is expected to begin by June 2005 and take about 6 to 8 months with CPCN
approval. Plant commissioning is anticipated by the end of 2005.
The wind power generating facility is expected to be operational for approximately 20 to
30 years depending on prevailing power prices, equipment life expectancy, and contract terms.
At the end of the operation period, the facility shall be decommissioned unless Synergics and the
landowner agree to operate the project beyond this period and all appropriate approvals, can be
obtained.
The site chosen for the proposed wind power facility is located on the undeveloped ridge
of Backbone Mountain that extends from about a 1.25 miles south of Roth Rock to about 1.75
miles to the north of Roth Rock. This site was selected for the proposed wind energy generating
plant because of the wind resource potential and favorable site characteristics. The project will
also have low visual impact to the populated areas around the town of Oakland.
The proposed facility shall be constructed on private lands on Backbone Mountain
located in the rural southwest corner of the state near the Maryland - West Virginia boundary.
The site is on a narrow ridge, very near to the highest point of land in Maryland. The elevation
along the ridge varies with the high point of the project at 3252 ft (995 m) above sea level. The
project site is mostly wooded land although almost all the land has been previously logged or
mined.
There is excellent access onto the north end of the project lands via a fire tower access
road off of Table Rock Road. Additional access to the south section of the project can be gained
via the Red Oak Road that crosses over Backbone Mountain within the project boundaries.
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The Facility would be located in Garrett County, the westernmost county in Maryland,
approximately 12 miles (16 km) southeast of Oakland (the County seat) The Facility would be
located along Backbone Mountain, extending approximately 3.1 miles ( 5.0 km) along the ridge.
Synergics would manage the turnkey construction and installation of the Facility. Project
responsibilities would include receiving project components, installation of site access roads,
secondary roads, foundations, electrical overhead (26-34.5 kV), electrical underground (also 2634.5 kV), substations, turbine assembly and installation, operations building, and land
management.
Synergics management staff would be onsite through the duration of the
construction and installation of the Facility.
IV. STATUTORY FRAMEWORK FOR THE APPLICATION
In conformance with the provisions of COMAR 20.79.01.03 (Application Filing
Requirements) and 20.79.03 (Details of Filing Requirements—Generating Stations),. Synergics
hereby states as follows:
1.
COMAR 20.79.01.03—Application Filing Requirements
A.
The name of the Applicant is Synergics Wind Energy, LLC.
B.
The address of the principal business office of the Applicant is Synergics Wind
Energy, LLC, c/o Synergics Energy, 191 Main Street, Annapolis, Maryland 2i401.
C.
The following persons are authorized to receive notices and communications with
respect to the Application:
Wayne L. Rogers, Esq. President
Synergics Wind Energy, LLC
191 Main Street
Annapolis, Maryland 21401
Neal A. Wilkins, Project Manager
Synergics Wind Energy, LLC
191 Main Street
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Annapolis, Maryland 21401
D.
Copies of the Application are being made available for public inspection and
copying at the Ruth Enlow Library-Oakland Branch located at 6 North
Second Street, Oakland, Maryland
E.
A list of each local, state, and federal government agency having authority to
approve or disapprove the construction or operation of the Project is provided in
the Appendix C of the Detailed Project Report,
F.
Not applicable.
G.
A general description of the generating station under COMAR 20.79.03.01 is
provided in Section IV of this document and in the Detailed Project Report.
Additional details of the description are listed below.
H.
An implementation schedule for the Project is provided in the Detailed Project
Report.
I.
The environmental information required under COMAR 20.79.03.02 is listed
below.
2.
COMAR 20.79.03.01—Description of Generating Station
A.
Synergics is planning to construct a wind power plant of up to 40 MW in
nameplate capacity consisting of up to 24 wind turbines of 1.65 MW nominal
capacity each, installed on 262 ft (80 m) tubular towers, and located on lands
under easement on Backbone Mountain about 1.2 miles southeast of U. S. Route
50. The Facility site extends continuously for approximately 3 miles (4.83 km).
See Detailed Project Report in the following section.
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B.
The design features of the generating station are described in the Detailed
Project Report.
C.
The operational features of the generating station are described in the Detailed
Project Report.
D.
The schedule for engineering, construction, and operation of the generating station
is provided in the Detailed Project Report.
E.
Utility-scale wind energy facilities using large wind turbines require a location
with average annual wind speeds above approximately 15 miles per hour to ensure
the project is economically viable. A discussion of the rational for the selection of
the design and the site of the generating station is provided in Section IV of this
Application and in the Detailed Project Report. A discussion of the need for wind
power is provided in Section III of this Application.
3.
COMAR 20.79.03.02—Details of Filing Requirements—Generating Stations
A.
(purpose provision)
B(1)(a) A general description of the physical, biological, aesthetic and cultural features of
the site and adjacent areas is provided in the Detailed Project Report.
B(1)(b) The effect of the Project on local socioeconomic conditions is expected to be a
significant positive impact. A summary of the environmental and socioeconomic
effects of the construction and operation of the Project, including a description of
the unavoidable impact and recommended mitigation is provided in the Detailed
Project Report.
B(1)(c) In addition to the site specific environmental studies conducted for the Project, the
environmental staff has reviewed documents pertaining to other wind projects in
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Maryland, West Virginia, and elsewhere in the Eastern Atlantic States to outline
potential avian issues. A copy of all studies of the environmental impact of the
proposed Project prepared by the Applicant is provided in the Detailed Project
Report.
B(1)(d) A statement of the ability to conform to applicable environmental standards is
provided in the Detailed Project Report.
B(2)(a)-(c)
Not applicable.
B(3)(a)-(e)
The aquifers and streams on the site and adjacent areas will not be “affected”
by the Project. See Section D.5.d of the Detailed Project Report.
B(4)(a)-(g)
A description of the effect on State or private wetlands is provided in the
Detailed Project Report. With respect to Regulation .02(B)(4)(g), which requires
that the Applicant file the information and forms required by the Maryland
Department of the Environment regulations relating to a license for use of State
tidal wetlands or nontidal wetlands under COMAR 26.23 and 26.24, Synergics
believes that these provisions are not applicable because individual wind turbines
and other construction on the site will be located so as to avoid wetlands. In
addition, the Project will have no impacts on tidal wetlands (COMAR 26.23).
B(5)
A discussion of the economics and availability of means for the disposal of plantgenerated wastes is provided in the Detailed Project Report.
4.
Public Utilities Article, Section 7-207(e)
(2)(i)
A description of the effect of the generating station on the stability and reliability
of the electric system is provided in the Detailed Project Report.
(2)(v)
Aviation safety is discussed in the Detailed Project Report.
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Other
The items enumerated in subsections (2)(ii), (iii), (iv), (vi) and (vii) are discussed
throughout the Detailed Project Report.
5.
Forest Conservation Act, Natural Resources Article, §§ 5-1601 et seq.
Other Forest loss minimization is discussed in the Detailed Project Report.
________________________________
Wayne L. Rogers, President, Synergics Wind Energy, LLC
VERIFICATION
COUNTY OF ANNE ARUNDEL
STATE OF MARYLAND
)
)
Before me, the subscriber, a Notary Public, in and for the ________________________,
___________________________, this day personally appeared WAYNE L. ROGERS, and
made oath in due form of law that he is President of Synergics Wind Energy, LLC, and that the
matters and facts set forth in the aforegoing Application for a Certificate of Public Convenience
and Necessity for the Synergics Wind Energy, LLC wind project are true and correct to the best
of his information, knowledge and belief.
WITNESS my hand and notarial seal this ___ day of June, 2004.
____________________________________
Notary Public
Name (Print)_________________________
My Commission Expires:_______________
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