In re Application of Black Fork Wind Energy, LLC

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The Supreme Court reversed the orders of the Power Siting Board granting a motion filed by Black Fork Wind Energy, LLC requesting a two-year extension of Black Fork’s certificate to construct a proposed wind farm, holding the Board’s extension of the certificate constituted an “amendment” under Ohio Rev. Code 4906.06(E) and 4906.07(B) and, therefore, the Board erred by granting Black Fork’s motion rather than following the statutory procedures for amending a certificate. On appeal, Appellants argued that extending Black Fork’s certificate was an “amendment” because it modified a material condition of the original certificate. The Supreme Court agreed, holding (1) the two-year extension of the certificate amount to an “amendment,” and therefore, the Board acted unlawfully by failing to comply with the statutory process for amending a certificate; and (2) because there was the possibility of a different outcome but for the Board’s error, Appellants established that they were prejudiced by the Board’s orders. View "In re Application of Black Fork Wind Energy, LLC" on Justia Law