Will Fountain Wind farm plan prevail in Shasta? California decision coming soon
After the draft EIR is released, a public workshop on the project will be scheduled in Shasta County. Such meetings happen within 60 days of the report's publication, California Energy Commission officials said.
The state cannot at this time give an estimate when a final decision on the project will come.
Shasta County and the Pit River Tribe teamed up to sue the state over the project, which would feature 48 wind turbines on 4,500 acres in the Montgomery Creek-Round Mountain area, about 35 miles east of Redding. The turbines would have the capacity to generate 205 megawatts, enough power to about 80,000 homes, according to project applicant Texas-based ConnectGen.
County officials announced the lawsuit in late November 2023 at a public meeting in Anderson that was hosted by the California Energy Commission.
In October 2021, the Shasta County Board of Supervisors voted down the project, denying ConnectGen's appeal of the county Planning Commission's decision not to approve the wind farm. The supervisors' meeting featured more than 10 hours of public comment.
But the California Legislature in 2022 approved AB 205, which allowed the Energy Commission to consider approving the project, even though Shasta County rejected it.
To date, Shasta has spent more than $1 million to fight the project. The largest amount, about $968,000, has gone to legal fees. Shasta also has spent about $55,000 of the $100,000 it budgeted for its marketing campaign about the project's negative impacts on the community, county spokesman David Maung said.
'I have kept spending under the allotted $100K in anticipation of the decision being delayed, to give us flexibility for another marketing push in the near future,' Maung wrote in an email to the Record Searchlight.
During the November 2023 public meeting in Anderson, the California Energy Commission was told the water source for the project was no longer viable. The commission verified this information in December 2023.
ConnectGen then submitted information on a new water source on March 18, 2024.
Ten days later, the commission informed ConnectGen that the change triggered more environmental review, state officials said.
That meant a decision on the project would be delayed from the original estimate of mid- to late 2024.
Meanwhile, last April a Shasta County Superior Court judge ruled that a judge from outside of the area will preside over the lawsuit filed against the wind project.
Rather than move the case to a court in another county, Judge Stephen Baker ruled that a judge from a county other than Shasta or Sacramento counties will hear the case, but it will remain in-county.
The California Attorney General's Office had objected to having a lawsuit filed against the California Energy Commission heard in Shasta County because of possible prejudice against the commission.
Shasta County has received support from other counties.
The San Bernardino County Land Services Department in a September 2023 letter to California Energy Commission Executive Director Drew Bohan wrote that the CEC lacks the jurisdiction to consider an application for an energy project that the state, local, regional or federal agency, collectively acting as the local agency, has denied.
Any other interpretation 'would create absurd results, invite manipulation, and directly conflict with the intent and processes of AB 205,' the San Bernardino County letter in part states.
Supporters of what ConnectGen is doing include California Unions for Reliable Energy, which argued in a letter sent in August 2023 to the CEC that Shasta County's interpretation of AB 205 "is contrary to the statue's plain language, inconsistent with the bill's legislative history and statutory scheme, and unsupported by case law."
David Benda covers business, development and anything else that comes up for the USA TODAY Network in Redding. He also writes the weekly "Buzz on the Street" column. He's part of a team of dedicated reporters that investigate wrongdoing, cover breaking news and tell other stories about your community. Reach him on Twitter @DavidBenda_RS or by phone at 1-530-338-8323. To support and sustain this work, please subscribe today.
This article originally appeared on Redding Record Searchlight: Shasta's spent $1M fighting wind farm, but California decides on plan
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