South Dakota PUC: North Bend Wind Permit Approved With 45 Conditions

• The South Dakota Public Utilities Commission approved a siting permit for the North Bend Wind Project on January 5, 2023.
• The project, owned by ENGIE North America, will generate up to 200 megawatts of energy across Hyde and Hughes counties.
• The approval includes 45 specific conditions addressing environmental, operational, and landowner concerns, stemming from a settlement stipulation.
• Pre-hearing negotiations with intervenors allowed for their withdrawal and eliminated the need for a formal hearing, saving time and resources.
• The wind farm, estimated to cost between $265 million and $285 million, commenced operations in late 2023.

The 45 conditions, agreed upon through a settlement stipulation, set a significant precedent for environmental, operational, and landowner requirements in future South Dakota wind energy siting permits, particularly for Hyde Hughes counties wind farm developments.

The South Dakota Public Utilities Commission (PUC) has officially approved a crucial siting permit for the North Bend Wind Project, marking a significant step forward for renewable energy development in the state. This decision, made during the commission's regular meeting on January 5, 2023, authorizes the construction of a wind energy facility with the capacity to generate up to 200 megawatts of electricity. The project is slated for development across Hyde and Hughes counties, contributing to the region's energy infrastructure.

Central to the South Dakota PUC North Bend Wind permit decision were 45 specific conditions that the developer must strictly adhere to throughout both the construction and operational phases of the project. These stipulations emerged from a comprehensive settlement agreement, which was formally filed with the commission on December 13, 2022, by North Bend Wind and the PUC staff. The detailed nature of these conditions reflects the regulatory body's thorough approach to balancing energy development with local environmental and community concerns.

The path to this SDPUC wind project approval commenced on June 23, 2021, when North Bend Wind, LLC, submitted its initial application. This filing initiated a statutory nine-month review period, which included a public input meeting held in Pierre in August 2021. The review timeline was subsequently extended twice, following requests from the company in November 2021 and February 2022, allowing for a more extensive assessment by the commission.

The North Bend Wind Project conditions are extensive, addressing a broad spectrum of potential impacts and outlining detailed mitigation strategies. Key areas covered include meticulous land and road restoration protocols, management of shadow flicker effects, strict noise level limits, and procedures for ice detection and ice throw. Furthermore, the conditions mandate post-construction grouse lek monitoring and comprehensive decommissioning plans, alongside specific provisions like those related to aerial spraying, underscoring the detailed scrutiny applied to South Dakota wind energy siting proposals.

The approval process also highlighted the effectiveness of pre-hearing negotiations in resolving complex issues. Several intervenors, including Judi Bollweg and Michael Bollweg, both individually and representing Bollweg Family, LLLP, and Tumbleweed Lodge, were granted intervention in September 2021. However, their subsequent withdrawal from the docket at the January 5th meeting demonstrated the success of discussions held prior to a final decision. South Dakota Public Utilities Commission Chairman Gary Hanson emphasized that such negotiations benefit intervenors by allowing them to resolve concerns and eliminate the need for a formal hearing, thereby conserving significant time and resources for all parties involved.

South Dakota Public Utilities Commission Vice Chairman Chris Nelson underscored the commission's primary concern for landowners, stressing the importance of proper reclamation and ensuring that properties are fully restored post-construction. He noted that the stipulated conditions largely mirror those successfully applied to other wind farm permits issued by the PUC, expressing confidence in their ability to protect landowners. South Dakota Public Utilities Commissioner Kristie Fiegen commended the PUC staff for their diligent efforts in safeguarding the interests of both participants and non-participants, citing the inclusion of an aerial spraying condition as a prime example of their dedication.

The 45 conditions, agreed upon through a settlement stipulation, set a significant precedent for environmental, operational, and landowner requirements in future South Dakota wind energy siting permits, particularly for Hyde Hughes counties wind farm developments.

The North Bend Wind Project is designed to feature up to 71 wind turbines, sprawling across approximately 46,931 acres within Hyde and Hughes counties. Beyond the turbines, the infrastructure will encompass access roads, associated facilities, underground 34.5-kilovolt electrical collector lines, and underground fiber-optic cable. A 34.5-kV to 230-kV collection substation, a 230-kV interconnection switching station, an aircraft detection lighting system, and a permanent meteorological tower are also part of the comprehensive plan.

The estimated construction cost for this substantial ENGIE North America wind project ranges from $265 million to $285 million. Once completed, the facility will connect to the Western Area Power Administration’s Fort Thompson-Oahe 230-kV transmission line, which traverses the southern portion of the project area. Owned by ENGIE North America, the wind farm commenced operations in late 2023, with Basin Electric Power Cooperative slated to purchase the generated power.

Lawyers advising energy developers or landowners in South Dakota should note the specific 45 conditions imposed on the North Bend Wind Project, as these set a precedent for environmental, landowner, and operational requirements in future wind energy siting permits. This approval also underscores the value of pre-hearing negotiations and settlement stipulations in navigating regulatory processes efficiently.

Source: Original reporting via South Dakota Public Utilities Commission.