Supreme Court affirms certification of six wind farms

The Public Utilities Commission of Ohio was correct to certify a half-dozen wind farms in Upper Midwest states as facilities that generate renewable energy and are permitted to sell it in Ohio, the Supreme Court of Ohio ruled.

The state’s highest court, in a 5-2 ruling, affirmed approval of the facilities, which are in noncontiguous states and are owned by Avangrid Renewables.

Carbon Solutions Group, which works with renewable energy “developers and facilities” in Ohio, contested PUCO’s decision, arguing that the record did not support PUCO’s decision that the Avangrid wind facilities fulfilled the standards for certification. It also argued that PUCO did not sufficiently address its assertion that the record lacked adequate evidence.

CSG also argued that PUCO failed to adhere to specific statutes and rules for the proceeding.

State law mandates that electric distribution utilities and electric service companies that provide retail electric service in Ohio source some electricity from a “qualifying renewable energy resource,” such as wind or solar power. Utilities may buy renewable energy from qualifying facilities, whether in-state or out-of-state.

PUCO certifies facilities aiming to supply renewable energy in Ohio. One benchmark for facilities in states noncontiguous to the Buckeye State is to show that renewable energy “can be shown to be deliverable into this state.”

“We hold that the commission’s determination as set forth in its order that the applicants’ generation resources are ‘deliverable into this state’ is not against the manifest weight of the evidence,” Tenth District Court of Appeals Judge Julia Dorrian, sitting for Justice Jennifer Brunner, wrote in the court’s majority opinion. “We also hold that the order is not contrary to law as it outlined the commission’s reasoning consistent with the requirements of R.C. 4903.09 and included sufficient information for this court to determine how it reached its decision.”

Chief Justice Sharon Kennedy and Justices Patrick DeWine, Daniel Hawkins, and Megan Shanahan joined Dorrian’s opinion. Third District Court of Appeals Judge John Willamowski sat for Justice JosephDeters and joined Justice Patrick Fischer for a separate opinion.