PU-23-317

Key events and submissions in the Oliver Wind IV Energy Center and associated transmission line proceedings (Cases PU-23-317 and PU-23-318) include:

- September 28, 2023: Oliver Wind IV, LLC filed applications for a certificate of site compatibility (for the wind energy center) and for corridor compatibility and a route permit (for the transmission line) with the North Dakota Public Service Commission 1, 1.
- November 27, 2023: Oliver Wind IV, LLC filed an application for waivers of procedures and time schedules established under North Dakota law and administrative code, seeking to streamline the process for both the wind project and transmission line 1, 1.
- January 11, 2024: The Laborers District Council of Minnesota and North Dakota (LiUNA) filed a petition to intervene in both cases 2, 2.
- January 22, 2024: Administrative Law Judge Dawson issued an order granting LiUNA’s petition to intervene 2, 2.
- January 29, 2024: A consolidated public hearing on both applications was held in Center, North Dakota. Exhibits 1–21 were entered into the record by Oliver Wind IV; Exhibit 22 by a third party. The record was left open for late-filed exhibits and closing briefs 2, 1, 1, 3, 3, 2.
- February 6, 2024: Oliver Wind IV filed late-filed Exhibit 23 2, 2.
- February 23, 2024: Oliver Wind IV filed late-filed Exhibits 24–26 2, 2.
- March 2024 (anticipated): Target date for obtaining the certificate of site compatibility 4, 4.
- May 2024 (anticipated): Target date for starting construction 4, 4.
- December 2024 (anticipated): Target date for completing construction, with one year allowed for reclamation activities 4.

Other administrative milestones included deadlines for proposed findings of fact, conclusions of law, and post-hearing briefs to be filed three weeks after the January 29, 2024 hearing 3, 3.

Docket PU-23-317 concerns the Oliver Wind IV Energy Center, a proposed wind generation facility in Oliver County, North Dakota, with a nameplate capacity of approximately 200 MW. The project includes up to 73 wind turbines, access roads, underground electrical collection systems, a substation, and related facilities. The total investment for the project is $316 million. The project also involves the construction of approximately 19.5 miles of 345 kV transmission line ( 1, 2, 3).

Key aspects of the docket include:
- Applications and permits: The project has secured conditional use permits from both Oliver and Mercer counties and has undergone agency reviews and correspondence with entities such as the North Dakota Game and Fish Department and the North Dakota State Historic Preservation Office ( 4, 4, 5).
- Environmental and resource assessments: Extensive surveys for wetlands, cultural, and tribal resources were conducted. Permanent wetland impacts total approximately 0.02 acres, with temporary wetland impacts of about 1.06 acres. The project site plan has been modified to minimize impacts on agriculture, cattle operations, wetlands, and historic/archaeological resources ( 6, 4).
- Noise and shadow flicker: Predicted sound levels at all nonparticipating receptors are 44 decibels or less, meeting the commission’s 45 dBA criterion. The maximum predicted shadow flicker for a nonparticipating receptor is 20 hours per year, below the 30-hour standard ( 4).
- Construction requirements: The company must comply with preconstruction conferences, topsoil management, safety standards, and regular reporting to the commission ( 1).
- Wildlife and dust mitigation: Measures include speed limits for construction vehicles, dust suppression protocols, and regular maintenance of erosion controls ( 7, 3).

The commission issued a certificate of corridor compatibility for the transmission line on April 29, 2024, with conditions and limitations specified in its order ( 1). The docket reflects ongoing compliance with state and local requirements, environmental protection measures, and stakeholder coordination.

The stakeholders in this docket include:

- Oliver Wind IV, LLC (the project developer)
- North Dakota Public Service Commission (regulatory authority)
- Local landowners (those whose land is affected by the project)
- Participating counties (Oliver County, Mercer County)
- Contractors (Blattner and Brink Constructors)
- Laborers International Union of North America (LIUNA)
- Local community organizations (schools, youth organizations, sports teams, county departments, emergency responders)
- Environmental and wildlife agencies (North Dakota Game and Fish Department, Ducks Unlimited, Magnolia)
- NextEra Energy Resources (parent company or affiliate of the project developer)
- Local businesses (suppliers of goods and services for construction)
- Non-participating landowners and local residents
- Other utilities and infrastructure owners (e.g., Marathon Oil, other pipeline companies)

Positions of stakeholders:
- Oliver Wind IV, LLC and NextEra Energy Resources are for the project, as they are developing it.
- Local landowners are mixed: participating landowners benefit from lease payments and have some say in mitigation efforts, while non-participating landowners may be neutral or have concerns.
- The counties (Oliver and Mercer) have issued necessary conditional use permits, indicating institutional support for the project.
- LIUNA supports the project, seeking to ensure realization of employment and economic benefits for local workers and union members, while also advocating for safe construction practices and local hiring 1.
- Environmental agencies are involved in mitigation planning and have provided input on wildlife and habitat impacts; their position is to ensure adverse effects are minimized.
- Local community organizations benefit from developer contributions and donations, suggesting positive engagement.
- Contractors are neutral but benefit from construction contracts.
- Other utilities and infrastructure owners engage in private agreements to protect their assets; their stance is not explicitly for or against but is contingent on satisfactory agreements.

No excerpt directly identifies a stakeholder as being opposed to the proposal; most opposition, if any, would likely come from non-participating landowners or residents concerned about environmental or economic impacts, but this is not explicitly documented in the provided excerpts. The main parties on record are either supportive, involved in mitigation, or neutral participants in construction and permitting processes 1, 2.

The financial and timeline risks and concerns discussed in this docket include:

Financial Risks:
- The inability to recover costs, earn a return on assets, or achieve a reasonable return on invested capital through base rates, cost recovery clauses, or other regulatory mechanisms.
- Political, regulatory, operational, and economic factors impacting regulatory decisions.
- Potential reductions, modifications, or elimination of governmental incentives or policies supporting renewable energy projects, and the imposition of new tax laws or tariffs on renewable energy or required equipment.
- Increased operating costs due to unfavorable supply costs, increased compliance costs, penalties, and other sanctions from extensive regulation.
- Credit and performance risks from customers, counterparties, or vendors.
- Uncertainty in capital markets affecting liquidity, capital needs, or the ability to fund growth objectives.
- Poor market performance affecting pension plan funding and asset values.
- Risks associated with the inability to maintain credit ratings or access capital on reasonable terms.
- Delays or failures in proceeding with projects under development or completing construction or capital improvements on schedule or within budget.
- Supply chain disruptions impacting development and operating activities.
- Volatility in energy and commodity markets affecting operational risks and market value of investments.
- Risks from negative publicity, labor actions, and personnel costs 1, 1.

Timeline Risks:
- Project delays or inability to complete construction of electric generation, transmission, gas infrastructure, or other facilities as scheduled or within budget, potentially due to permitting, governmental approvals, planning, financing, or supply chain disruptions.
- Risks from severe weather, natural disasters, and climate events that could delay construction or operations.
- The cost estimates for services or project work are only valid for a limited period (typically 30 days), after which the scope or costs may be subject to change based on current conditions 2, 1, 1.

These risks highlight the importance of regulatory, market, operational, and environmental factors on the financial health and project schedules for energy infrastructure developments.

The docket identifies several key areas of growth, primarily focused on renewable energy development (wind, solar, battery storage), grid resilience, and associated economic impacts. The main areas of growth and their related considerations are:

1. Renewable Energy Expansion
- Wind and solar energy, often paired with battery storage, are major growth sectors. The renewable energy market is projected to grow by about 15% per year through the next decade, with wind and solar potentially increasing their share of the U.S. generation mix from less than 13% in 2021 to about 60% in 2035. There is an estimated opportunity to build approximately 3,600 GW of renewable energy and storage by 2050, representing a $4 trillion investment 1.
- Key considerations include:
- Economics: New renewables are now cheaper than many older fossil units, and are expected to remain low-cost options even after federal tax credits phase out, with near-firm wind projected at $25–$32/MWh and near-firm solar at $30–$37/MWh 1.
- Technology: Ongoing innovation in battery storage, smart grids, and AI-driven operations is essential for reducing costs and achieving emissions reductions 1.
- Policy and Compliance: Integrated resource planning incorporates carbon and climate risks, and there is a need to adapt to evolving federal/state regulations impacting greenhouse gas emissions and energy efficiency 1, 1.

2. Grid Resilience and Reliability
- Significant investments have been made to strengthen the energy grid to withstand severe weather, improve reliability, and enable faster restoration after extreme events. This includes hardening or undergrounding power lines, deploying outage-prevention technology, and enhancing operational processes 1, 1.
- Key considerations:
- Physical climate risks such as hurricanes, flooding, and sea-level rise are integrated as “stress multipliers” within risk management, not as separate risks.
- Continuous learning from past events is used to inform future capital allocation and grid upgrades 1.

3. Economic and Community Impact
- Renewable projects are expected to provide substantial local economic benefits. For example, the Oliver Wind IV project is projected to generate about $37 million in tax revenue over 35 years, over $30 million in payments to participating landowners over 30 years, create 5–8 permanent local jobs, and about 300 temporary construction jobs 1.
- Considerations include:
- Local sourcing for materials when possible and coordination with local businesses during construction to minimize disruption 2.
- Supporting local economies through affordable energy pricing and bill assistance programs for customers 1, 1.

4. Environmental and Siting Considerations
- Site selection for new facilities avoids exclusion and avoidance areas (e.g., proximity to roads, railways, property lines, wetlands, historical/cultural sites) as required by state regulations 3, 1, 4.
- Key considerations:
- Minimizing environmental impacts such as wetland disturbance and preservation of unbroken grasslands.
- Addressing visual impacts on historic sites, confirmed through agency consultation.
- Ensuring that modifications to site plans comply with regulatory criteria and do not introduce new adverse impacts 3, 4.

5. Workforce Development and Research
- Partnerships with universities and training institutes are advancing research and workforce skills in renewable energy, including agrivoltaics and solar energy operations 1.
- Considerations center on developing a talent pipeline for the growing renewable sector and integrating multidisciplinary approaches to sustainable energy deployment.

In summary, the docket outlines growth in renewable energy deployment, grid resilience, economic benefits for local communities, careful environmental siting, and workforce development. Each area of growth is closely linked with detailed economic, technical, regulatory, and environmental considerations.