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Some Fascinating Reading...



There is some amazing information contained in the post-hearing brief filed by County attorneys Jane Napier and Nick Selvaggio. If you are interested in the facts about how Everpower's application (the "Applicant" in the following excerpt) was vetted by the State of Ohio, read below. Follow the link for the entire brief that was filed.

"Apart from client concerns, the undersigned lack confidence in the recommendation process utilized by Staff to evaluate the Application. Specifically, the undersigned question whether the Staffs evaluation of the Application content was sufficiently thorough in order for the Staff to conclude that the criteria for certification as set forth in Ohio Revised Code Section 4906.10(A) has been met.
The rationale for such position is set forth below.

During the adjudicatory hearing, the Applicant used a corporate executive to "sponsor" the Application. Through the sponsor's testimony, the Applicant sought to establish the foundational basis for the admissibility of the Application. Upon this sponsor's testimony, the Application was subsequently admitted into evidence. Multiple Staff subsequentiy testified that they relied on the information presented in the Application to form the basis for the recommendations submitted to
the Ohio Power Siting Board.

As the first large scale wind-powered electric generation facility being considered in the State of Ohio, the issues presented to the Ohio Power Siting Board are substantially unique and controversial. However, Staff testimony underscored (1) the Staffs lack of resources to independently evaluate the merits of the Application, (2) the Staffs resolve to overlook the issues raised by other intervenors, (3) the limited effort of Staff to review other information, and (4) the lack of rationale for divergence from (a) Applicant-proposed turbine manufacturer's setback recommendations, (b) in-state entity recommendations, and (c) foreign local and state entity financial assurance recommendations."

Link to the post-hearing brief submitted by interveners Champaign County and Goshen, Rush, Salem, Union, Urbana and Wayne Townships filed by N. Selvaggio and J. Napier., attorneys for Champaign County.
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