IL ATTORNEYS AT LAW
Direct Dial: 304.340.3895 [email protected]
February 14,2014
VUHAND DELIWRY Ms. Ingrid Ferrell Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301
Re: Case No. 14- 02 73 - E-CS- f id BEECH RIDGE ENERGY LLC Application for Waiver of Siting Certificate Modification Requirements or, in the alternative, for a Modification to Siting Certificate and Related Requests for Relief
Dear Ms. Ferrell:
Enclosed for filing on behalf of Beech Ridge Energy LLC (“Beech Ridge”) please find an original and twelve copies of “Beech Ridge Energy LLC’s Application for Waiver of Requirement of Modification or Amendment for its Siting Certificate, or, in the Alternative, Petition for a Modification of a Siting Certificate” (the “Application”) to permit Beech Ridge to construct an energy storage device (“ESD”) in Greenbrier County, West Virginia adjacent to the substation previously constructed pursuant to the Public Service Commission of West Virginia’s (the “Commission”) Order in Case No. 05-1590-E-CS on August 28, 2006 (the “Siting certificate”).
In the Application, Beech Ridge respectfully requests that the Commission waive any requirement that Beech Ridge obtain a modification or amendment to the Certificate in connection with the planned installation of an ESD at the Beech Ridge Wind Farm that is currently in operation in Greenbrier and Nicholas Counties, West Virginia. In the alternative, if the Commission finds that the proposed modification is material, Beech Ridge respectfully requests that the Commission enter an Order modifying Beech Ridge’s siting certificate to allow construction of the proposed ESD.
Also enclosed are:
(1) An original and twelve copies of Form No. 2 “Notice of Filing” of the Rules Governing Siting; Certificates for Exempt Wholesale Generators, (the “Siting Rules”), W. Va. Code St. R. tit. 150, 8 30-1, et seq. The ESD project will be wholly constructed in Greenbrier County. Thus Beech Ridge would propose, unless the
Spilman Center 300 Kanawha Boulevard, East I Post Office Box 273 I Charleston, WestVirginia 25321-0273 w.spilrnanlaw.com 304.340.3800 304.340.3801 fax West Virginia North Carolina Pennsylvania Virginia SPILMAN THOMAS & BATTLE,ptLc ATTORNEYS AT LAW Ms. Ingrid Ferrell February 14,2014 Page 2
Commission objects, to publishing the Notice of Filing in newspapers published and circulated in Greenbrier County, and would also propose to publish the Notice of Filing in Kanawha County. The Notice of Filing has been sent electronically to the Executive Secretary’s Office; and
(2) An original and twelve copies of Form No, 3 “Application for Modification to or Amendment of a Siting Certificate”
Pursuant to the requirements of Rule 6.5 of the Siting Rules and Longview Power, LLC, Case No. 03-1860-E-CS-CN, at 42 (Comm’n Order Feb. 16,2007), Beech Ridge has enclosed a check representing the minimum filing fee of $1,000.00. Please do not hesitate to contact me if you have any ques
GPHS/rlm:5783653 Enclosures PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARCESTON
CASE NO. 14-
BEECH RIDGE ENERGY LLC Application for Waiver of Siting Certificate Modification Requirements or, in the alternative, for a Modification to Siting Certificate and Related Requests for Relief
BEECH RIDGE ENERGY LLC’S APPLICATION FOR WAIVER OF REQUIREMENT OF MODIFICATION OR AMENDMENT FOR ITS SITING CERTIFICATE, OR, IN THE ALTERNATIVE, PETITION FOR A MODIFICATION OF A SITING CERTIFICATE
I INTRODUCTION
COMES NOW Beech Ridge Energy LLC (“BRE I” or “Beech Ridge”), by counsel, and pursuant to Rule 6.1 of the Public Service Commission of West Virginia’s (the “Commission”)
Rules Governing Siting Certificates for Exempt Wholesale Generators, (the “Siting Rules”), W.
Va. Code St. R. tit. 150, 0 30-1, et sea, respectfully requests that the Commission waive’ any requirement that Beech Ridge obtain a modification or amendment to its existing siting certificate (the “Certificate”) in connection with the planned installation of an energy storage device (“ESD”) at the Beech Ridge Wind Farm (the “Wind Farm” or the “Project”) that is currently in operation in Greenbrier and Nicholas Counties, West Virginia? In the alternative, if the Commission finds that the proposed modification is material, Beech Ridge respectfully requests that the Commission enter an Order modifying Beech Ridge’s siting certificate to allow construction of the proposed ESD.
~~ Beech Ridge has used the term “waiver” because it is set forth in 6.1 of the Siting Rules as the mechanism to accomplish the instant request. Should the Commission conclude that a “waiver” is not the appropriate remedy, Beech Ridge respectfully requests that the Commission issue a determination that the modification sought herein is not material. * The combined wattage of BRE I, the previously certificated Beech Ridge Energy I1 LLC project and the proposed ESD will not exceed 186 megawatts (“MW) of generation, which was previously approved by the Commission in this case, At present, BRE I has constructed 67 turbines, producing 100.5 MW. Beech Ridge represents that the ESD will not constitute a material modification to the
Wind Farm in that it will not alter the design, change the footprint, or increase the transmission
or generation of the Wind Farm, nor will it materially affect viewshed, sound levels, emissions or
other environmental concerns with regard to the Project. Beech Ridge also requests that the
Commission retain this Petition for decision, and accord it expedited consideration pursuant to the Commission’s procedure^.^
11. FACTUAL AND PROCEDURAL BACKGROUND
1. On November 1, 2005, Beech Ridge filed with the Commission, pursuant to W.
Va. Code $0 24-2-1(c) and 24-2-1 IC, an application for a siting certificate for the construction and operation of a wholesale electric generating facility, including a 138 kV related transmission support line, associated interconnection facilities, and other necessary appurtenances (the
“Application”).
2. On August 28,2006, the Commission granted Beech Ridge a siting certificate for a wind-powered generating facility of up to 186 MW capacity to be located nine miles northeast of Rupert in Greenbrier County and for an approximately 13.8 mile 138 kV transmission line to connect the generating facility to Allegheny Power’s (now Monongahela Power, a FirstEnergy
Company) Grassy Falls substation near Nettie in Nicholas County. By its terms, the siting certificate was contingent upon various pre-construction, post-construction and operational conditions, (Comm’n Order, August 28, 2006, at 1, 87). Certain intervenors petitioned the
Commission to reconsider the order, and on January 11, 2007, the Commission denied these petitions.
A full filing fee is not necessary for a waiver petition pursuant to Rule 6.1 of the Siting, Rules, unless the Commission determines that the modification is material. See Lonaview Power, LLC, Case No. 03-1 860-E-CS-CN, at 42 (Comm’n Order Feb. 16,2007). Beech Ridge has tendered the minimum filing fee under Rule 6.5 of the Sitine. Rules, and, should the Commission determine that the modification sought herein is “material,” Beech Ridge shall submit the required fee forthwith.
2 3. The case was appealed twice to the Supreme Court of Appeals of West Virginia, where the Commission Orders were affirmed. Beech Ridge satisfied the conditions in the
Commission’s August 28, 2006 Order, and ultimately sixty-seven wind turbines representing
100.5 MW were completed and placed into service in 2010.
4. In Animal Welfare Institute v. Beech Ridge Energy, 675 F. Supp. 2d 540 (D. Md.
2009) (the “Federal Litigation”), Beech Ridge opponents sought to enjoin construction of the
Project, alleging that it would “take” listed Indiana bats in violation of Section 9 of the
Endangered Species Act (“ESA”). In early 2010, the federal District Court approved a settlement that prohibited construction beyond sixty-seven wind turbines until Beech Ridge had secured an
Incidental Take Permit (“ITP”) under Section 10 of the ESA from the United States Fish and
Wildlife Service (“USFWS”).
5. Beech Ridge began the process of securing the ITP in January 2010 and was issued an ITP on December 5,2013.
6. In the meantime, on August 24, 2012, Beech Ridge Energy I1 LLC (“BRE 11”) applied for a siting certificate for the construction of up to 33 turbines, which could generate between 53.5 and 85.5 MW, on land adjacent to the land where the 67 BRE I turbines are installed. This is the project known as the BRE I1 Project, for which the Commission entered an
Order granting it a separate siting certificate with conditions on June 19, 2013. As of February
2014, construction has not commenced on BRE 11.4
111. TECHNICAL DATA
7. The ESD will have a combined nominal output of up to 32.4 MW, comprised of
18 1.8 MW modules consisting of lithium-ion batteries, inverters, transformers and cooling
It should be noted that the 100.5 MW BRE I Wind Farm currently operating is sufficient for the proposed ESD to function and to provide the benefits set forth below.
3 systems.’ The lithium-ion batteries used in the ESD are the same kind of batteries used worldwide in a variety of applications, including cordless power tools and battery powered or hybrid vehicles. The batteries are grouped into battery packs or modules that are loaded into trays and the trays are mounted in floor-to-ceiling racks inside a standard shipping container.
Exact configuration and dimensions of the container will vary depending on the final vendor selected to provide the battery units. The shipping containers used by one likely vendor are 40’ long, 8’ wide and 9-112’ tall.
8. Each 1.8 MW module includes: one standard shipping container housing four battery strings; four 450 kW inverters to convert power between direct current and alternating current; a chiller to cool the battery containers; and a transformer for the inverter. A preliminary layout of the 1.8 MW modules is attached hereto as Exhibit 1.
9. The ESD will produce 480 V output that will be converted to 34.5 kV by padmount transformers inside the battery yard. The battery yard will be connected to the Wind
Farm substation by a short overhead line (4000 ft) or an underground cable that will lead to a new 34.5 kV breaker and switches to be installed in the Wind Farm substation. (See Exhibit 2).
10. The construction process will involve minimal site work due to the location of the
ESD adjacent to the site of the Wind Farm’s substation, which is already constructed. (&
Exhibits 3-4). Once the site is prepared, foundations for the shipping containers and concrete pads for other components of the ESD will be installed and the shipping containers and other components will then be trucked in and offloaded onto the foundations. Conduits and wiring
(mostly at grade or underground) will be installed to connect the various components of the ESD
The BRE I wind turbines and ESD will have a nominal rating of 132.9 MW collectively (100.5 MW of wind turbines and 32.4 MW of ESD capacity). To ensure the total output from BRE I and BRE I1 does not exceed the 186 MW limit of the current PJM approvals, BRE I1 would be limited to 53.1 MW of potential generation.
4 and the Wind Farm substation. The site will be secured by fencing, locked gates, and cameras.
Lighting will only be used when outdoor activities are being performed in the battery yard.
11. Each battery storage container will contain a fire detection and suppression system. The suppression system will be gas-based using the common HFC-227ea gas, which is suited for a workplace. The ozone depletion potential (,‘ODPYy)of the gas is zero. The release material would be a gas with no color, taste or pollution. The air inside the battery storage containers will be clean with no leftover gas after ventilation.
12. The purpose of the ESD is twofold: to regulate the “ramp rate” of the Project and to provide automatic generation control (“AGC”). The Project will gain the capability to regulate its own ramp rate, controlling the rate at which power output from the Project to the grid changes. For example, the ESD will be able to store energy generated by the wind turbines, and release it when appropriate. Additionally, the AGC capability will enable the Project to provide the ancillary service of “Regulation” by increasing or decreasing its power output. Regulation helps PJM Interconnection, L.L.C. (“PJM”), the grid operator, to match generation levels with short-term changes in electricity use in order to maintain stable grid frequency at 60.0 Hz. The resources selected to provide Regulation in each hour earn a payment based on the amount of flexible capacity being provided. The market-based payment to each resource, known as the
“regulation market clearing price,” is determined hourly by PJM based on the set of resources offering and clearing in the market. The Project will earn revenue through its participation in the
PJM Regulation market. The Project’s participation in this market is authorized under the
Project’s authorization by the Federal Energy Regulatory Commission (“FERC”) to make sales at market based rates.
13. PJM conducted a study concerning the movement of approximately 33 MW of wind generation of the previously approved interconnection capacity to approximately 32 MW of
5 battery technology. PJM found that there were no issues concerning this proposal. Beech Ridge will be tendered a revised Interconnection Services Agreement that will be executed by Beech
Ridge, PJM and FirstEnergy, which will be in place before the ESD goes online.
14. The estimated cost of the ESD is $20 million. Beech Ridge intends to transfer the portion of the siting certificate that concerns the ESD to Beech Ridge Energy Storage LLC
(“BRES”), which will be a wholly-owned subsidiary of Beech Ridge and will own and operate the ESD assets. The BRES transfer enables the ESD to be financed separately fiom the BRE I project. In form and function, the ESD will be owned and operated by the same individuals who own and operate Beech Ridge. Because the proposed ESD is located within the “footprint” of
Beech Ridge and because it is an enhancement of the ability of BRE I to deliver its energy to the
PJM system, the right to build and operate the ESD is sought with respect to the BRE I certificate.6
15. All of the funding required for construction, installation, and implementation of the ESD will be private. BRES will not rely on any government or state funds, such as a federal loan guarantee or direct grants, to develop or construct the ESD.’
16. Beech Ridge intends to use local electrical and mechanical workers to construct the ESD yard, foundations, and connections to the substation, many of whom are expected to be drawn from the local area.
Beech Ridge intends to affect the transfer pursuant to Rule 7.1 of the Siting Rules after the conclusion of this case. ’ An energy storage device is considered “wind energy property,” as defined by Treasury Regulations, Subchapter A, fj 1.48-9(e)(I), and is thus eligible to qualifL for a federal investment tax credit (“ITC”) after it has been constructed and placed into service. Because an ITC is only available after the ESD has been constructed and placed into commercial operation, an ITC is not considered public fimding. Under Section 1603 of the American Recovery and Reinvestment Tax Act of 2009, BRES may elect to seek a payment from the United States Department of the Treasury in lieu of the ITC that would otherwise be available for the Project. Again, because any such payment is not available to BIGS until after the Project is constructed and placed into service, it does not constitute public fbnding.
6 IV. LEGAL ANALYSIS
17. Since this case was first filed in 2005, wind turbine technology, and related alternate renewable energy facilities, have improved, and become more efficient and diverse. An
ESD is one of these improvements. This is no surprise given the increased demand for renewable energy. And, indeed, in June 2009, the West Virginia Legislature passed the
Alternative and Renewable Energy Portfolio Act (the “Energy Portfolio Act”). W. Va. Code $6
24-2F-1, et seq, In it, the West Virginia Legislature declared that “[tlhe development of a robust and diverse portfolio of electric-generating capacity is needed for West Virginia to continue its success in attracting new businesses and jobs. This portfolio must include the use of alternative and renewable energy resources at new and existing facilities.” Id. $ 24-2F-2(4). The Legislature also stated that “[it] is in the public interest for the state to encourage the construction of alternative and renewable energy resource facilities that increase the capacity to provide for current and anticipated electric energy demand at a reasonable price.” Id. $24-2F-2(7). 18. Beech Ridge does not believe that the.construction of the ESD is a material modification within the meaning of the Siting Rules, and, therefore, a waiver of any requirement to seek amendment or modification of Beech Ridge’s siting certificate is appropriate pursuant to
Rule 6.1. AES Laurel Mountain, LLC, Case No. 10-1824-E-CS-PC (Comm’n Order June
29,201 1) (concluding that a nearly identical ESD project was not a material modification),
19. The Siting; Rules provide a mechanism for seeking a waiver of the requirement to obtain a modification or amendment of a siting certificate. Indeed, the Siting; Rules state, in pertinent part, as follows:
If an owner or operator of a 24-2-1 (c) generating facility for which a Siting certificate has been issued plans to: construct the facility using engineering design plans different than those filed with its original Siting certificate application; modify the footprint of the 24-2-1(c) generating facility; increase the transmission or
7 generation of the 24-2-1(c) generating facility; make any modification to the 24-2-1(c) generating facility with a potential for environmental impact, then the owner or operator must obtain prior Commission approval of such modification. If the owner or operator believes that when considering the totality of the circumstances surrounding any such modification, the modification is not material or that the modification will not materially affect the viewshed impacts, noise levels, emissions or other environmental impacts, it may petition the Commission for waiver of the requirement to obtain a modification or amendment to its Siting certificate. The Commission may deny or grant such request or it may limit the information required to be filed, depending on the circumstances of the proposed modification.
Siting; Rule 6.1 (emphasis added).
20. With respect to this regulatory provision, the Commission has previously stated that “[als the Commission previously granted . . . [a] siting certificate, it is now necessary to look
at the proposed incremental changes in the Project and determine whether those proposed
incremental changes sway the outcome or have an influence or effect on the terms of the original siting certificate.” Lonaview Power, LLC, Case No. 03-1 860-E-CS-CNYat 41 (Comm’n Order
Feb. 16, 2007). The Commission further observed that “[mlateriality is not an absolute concept, It is necessary to look at the surrounding circumstances.” Id. With these preliminary legal parameters in place, Beech Ridge believes that the very minor incremental changes occasioned by the construction of the ESD would neither sway the outcome of the original siting certificate, nor have any effect on the terms of the original siting certificate.
2 1. The impact of the ESD on the Wind Farm is not material. And, as a matter of fact, the ESD does not change the engineering design plans or generating capacity of the Project. The
ESD will fall within the existing footprint of the Project. The ESD will utilize approximately 1-2
8 acres of land (not otherwise occupied) owned by Plum Creek Timberlands, LP8 and leased by
BRES, directly adjacent or in close proximity to the Project substation. Only minor changes or additions to roads constructed for the Project will be necessary for access to the ESD site. Due to the short installation schedule for the ESD, the volume and frequency of any increased construction-related traffic will be minimal and short-lived.
A. The construction of the ESD will not materiallv affect viewshed impacts.
22. The viewshed of the Project will be virtually unchanged. The total height of the
ESD will be approximately 12-15’ above grade, which is significantly lower than portions of the adjacent substation.
23. The existing Wind Farm substation covers an area of approximately 0.5 acres
(127 feet x 143 feet), and contains steel structures up to 50 feet tall.
24. Therefore, it is apparent that the construction of the ESD would neither sway the outcome of the original siting case, nor have any effect on the terms of the original siting certificate because of the ESD’s low profile.
25. Additionally, it is important to note that the Commission has permitted a waiver of the requirement of seeking a modification of a siting certificate in analogous circumstances in the past. Indeed, in the Lonmiew case cited above, the Commission concluded as a matter of law that “increasing the boiler building from 257 feet high to 270 feet and increasing the steam turbine building from 100 to 120 feet, where such increases result in the buildings being seen from an additional 0.096 square miles of land . . . does not constitute a material modification of the existing siting certificate.” Lonaview, at 43. Further, in AES Laurel Mountain, supra, the
Commission approved a nearly identical request concerning an ESD.
When the Beech Ridge Siting Certificate was originally granted, the site was owned by MeadWestvaco Corporation (“MeadWestvaco”), but on December 6, 20 13, MeadWestvaco sold the property to Plum Creek Timberlands, LP, a wholly-owned subsidiary of Plum Creek Timber Company Inc.
9 26. As in AES Laurel Mountain, the construction of the ESD does not constitute a
material modification for the purposes of viewshed.
B. The construction of the ESD will not materially affect noise levels.
27. An analysis of sounds associated with the components of the ESD has determined
that the ESD will have negligible effects on total Project sound levels, with increases in total
modeled Ldn sound levels at the closest residences being less than 0.2 decibel. (See Exhibit 5).
The projected sound impact of the ESD was modeled under a worst case scenario with both the
wind turbines and the ESD operating at full load conditions. Consequently, the construction of an
ESD does not constitute a material modification for the purposes of noise impacts.
C. The construction of the ESD will not materially affect emissions.
28. The ESD generates no emissions and will have no impact on air or ground water
quality. A General National Pollutant Discharge Elimination System - Water Pollution Control
Permit for Stormwater Associated with Construction Activities will be required from the West
Virginia Department of Environmental Protection (“DEP”).
D. The construction of the ESD will not materially affect environmental impacts.
29. Nothing in the size, composition, location, operation or nature of the ESD
suggests that it will have any adverse impact on the environment, any protected or endangered
species, or any architectural or archaeological resources in the area of the Project. Currently,
Beech Ridge believes that no additional environmental permits are required either for the ESD or
for the Project as a result of the ESD.
30. Beech Ridge will consult with DEP, together with any other applicable agency, to ensure that no further permitting is required.
31. Of course, Beech Ridge would comply, where applicable, with all conditions contained in the Commission’s prior Orders,
10 E. Conclusion
32. As discussed above, the proposed construction of the ESD has no effect on the
viewshed analysis previously conducted by the Commission. Additionally, the proposed
construction of the ESD will not affect noise in a material way. There are no endangered species
in the vicinity of the Project, but, in any event, Beech Ridge will adhere to the requirements of its
ITP. There is no reason to expect that the construction of the ESD would cause an increase in
bird or bat mortality.
33. Based upon the foregoing, therefore, it is evident that Beech Ridge’s construction
of the ESD is not a material modification within the meaning of Rule 6.1 of the Siting Rules. As
a result, Beech Ridge respectfully requests that the Commission waive any requirement for
Beech Ridge to seek an amendment or modification of its siting certificate in order for Beech
Ridge to construct an ESD, or to declare that the modification sought herein is not material. In
the alternative, if the Commission finds that the proposed modification is material, Beech Ridge
respectfully requests that the Commission enter an Order modifying Beech Ridge’s siting
certificate to allow construction of the proposed ESD?
V. CONCLUSION
WHEREFORE, for the reasons set forth herein, and those reasons apparent to the
Commission, Beech Ridge Energy LLC respectfully requests that the Commission enter an
Order waiving any requirement for Beech Ridge to obtain an amendment or modification of its
siting certificate in order for Beech Ridge to construct the ESD, or to declare that the modification sought herein is not material In the alternative, if the Commission finds that the proposed modification is material, Beech Ridge respectfully requests that the Commission enter
In this regard, Beech Ridge has filed herewith Form No, 3 “Application for Modification to or Amendment of a Siting Certificate” out of an abundance of caution.
11 an Order modifying Beech Ridge’s siting certificate to allow construction of the proposed ESD, together with such other and further relief as the Commission deems proper.
Respectfully submitted this 14th day of February 20 14.
BEECH RIDGE ENERGY LLC
Spilman Center 300 Kanawha Boulevard, East Charleston, West Virginia 25301 (304) 340-3800 1feinberg @spilmanlaw.com [email protected] [email protected]
12 I i CASE NO. 14- i f BEECH FUDGE ENERGY LLC Application for Waiver of Siting Certificate Modification Requirements or, in the alternative, for a Modification to Siting Certificate and Related Requests for Relief
VERIFICATION
KEVIN E. PARZYCK, the Vice-president of Development of Invenergy LLC i (“Invenergy”), being first duly sworn, says that the statements contained in the foregoing Ii BEECH RIDGE ENERGY LLC’S APPLICATION FOR WAIVER OF REQUIREMENT OF I MODIFICATION OR AMENDMENT FOR ITS SITING CERTIFICATE, OR, IN THE ALTERNATIVE, PETITION FOR A MODIFICATION OF A SITING CERTIFICATE are true, except so far as they are therein stated to b
therein stated to be on information and belief, he believes
i Taken, sworn to and subscribed before me this 134 day of February 2014. MY commission expires 3 * g 2 017 Ii t i OFFICIAL SEAL f RUTH M NAOOLNY Notary Pubhc Notary Public - Stale of Illinois t .. I
[SEAL] Ii i i i 3
13 I I :b::)I d I I I I 1;:) I I 5 I I ___. .... IrC
PROTOTYPE CONTAINER YARD LAYOUT PLAN 5Zu l5’ .I’W BEECH R DGE ENERGY STORAGE DEVICE (ESD) Invenergy
- EXISTING - PROPOSED
7al104ii 33MVA v\ Transformer
I
Beech Ridge ESD Breakers34.5kv [ 1 18 x 1.8 MW Battery Units
Existing Beech Ridge 67- Wind Turbines (100.5 MW)
I EXHIBIT2
8 Acentech Incorporated Telephone: 6 17-499-801 8
+' +' 33 Moulton Street Facsimile: 617-499-8074 Cambridge, MA 02138 E-mail: [email protected]
30 January 2014
Invenergy Wind LLC 120 N. Lee Street *** via email ([email protected]) *** Falls Church, VA 22046
Attention: Eric Miller Director, Business Development
Subject: Acoustical Analysis of Proposed Energy Storage Facility Beech Ridge Wind Project - Phase 1 Greenbrier County, WV Acentech Project No. 624468
References: Your Jan. 2014 emails to me Acentech Project Nos. 618556 and 621206
Dear Mr. Miller:
At your request, we have estimated the potential sound of the planned new Energy Storage Device (ESD) facility that you propose to install near the substation serving the Beech Ridge Wind - Phase 1 Project in Greenbrier County, WV. The proposed ESD facility will consist of 18 BYD containers with batteries and supporting electronic equipment, plus 18 pad-mounted transformers, each rated at approximately 2 MVA. This letter presents estimated ESD facility sound levels at representative community residential locations and compares them to measured ambient and estimated turbine sound levels developed during the Beech Ridge Wind - Phase 1 studies in 2005-2006 with the original proposed turbine layout, and also, to updated turbine sound estimates developed more recently using the as-built (existing) turbine layout.
We updated our CadndA computer sound model for the Beech Ridge Wind project and estimated the sound contributions of the existing 67 turbines, the existing substation transformer, and the ESD facility. The source levels were based on turbine and ESD vendor data and on our measurements near the Beech Ridge substation transformer. Our studies assumed the wind turbines and ESD equipment were operating at the maximum sound levels provided by the vendors. The residential receptor locations within one-mile of the Beech Ridge Wind - Phase 1 project boundary were provided to us by Invenergy. Table 1 presents the pertinent results of our analysis at the nearest residential locations to the ESD facility: -1
Architectural Acoustics Audiovisual and Sound System Design IT Infrastructure Noise and Vibration Control Envrronmental and Industrial Acoustics ,
4 Eric Miller Beech Ridge Wind - ESD Project 30 January 2014 Page 2
Table 1. Distances and Measured and Estimated A-Weighted Ldn Sound Levels* (dBA) at Nearest Representative Residential Locations to the Planned ESD Facility.
Estimated Estimated Estimated Increase in Measured Sound Sound Estimated XYZ - - Sound Estimated Sound distance to Sound - original as-built Sound - existing Sound with 2005 2006 (existing) planned ESD turbines + Residential ESD facility the ESD Location (ft) ambient turbine turbine facility only ESD facilitJ Facility layout layout Nearest residence to >13,000 residence to^ >13,000 --_ <47 44 15 44
The results indicate estimated ESD facility Ldn sound levels that are at least 14 dBA below the estimated turbine levels for the original (2006) and existing (2014) turbine layouts and at least 3 1 dBA below the ambient levels measured in 2005. Our model estimates also indicate that addition of the ESD to the wind project increases project sound levels at nearest community residential locations by a negligible amount of less than 0.2 dBA. *****
Please contact me if you have any questions regarding our analysis or this letter.
Sincerely yours,
James D. Barnes Acentech Incorporated
J:l624468-Invenergy-BeechRidge-ESD-O13014.doc
Acentech PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON
At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the day of February, 2014.
CASE NO. 14-
BEECH RIDGE ENERGY LLC Application for Waiver of Siting Certificate Modification Requirements or, in the alternative, for a Modification to Siting Certificate and Related Requests for Relief
NOTICE OF FILING
By an Order issued in Case Number 05-1590-E-CS on August 28, 2006, the Public Service Commission of West Virginia (the “Commission” granted Beech Ridge Energy LLC (“Beech Ridge”), a Siting Certificate, pursuant to W. Va. Code 8 24-2-1 IC, for a 186 megawatt (MW) wind-powered generating facility, to be located nine miles northeast of Rupert in Greenbrier County, and for an approximately 13.8-mile 138 kV transmission line to connect the generating facility to Allegheny Power’s Grassy Falls substation near Nettie in Nicholas County.
On February 14, 2014, Beech Ridge filed an Application requesting that the Commission waive any requirement that Beech Ridge obtain a modification or amendment to its existing siting certificate (the “Certificate”) in connection with the planned installation of an energy storage device (“ESD”) at the Beech Ridge Wind Farm (the “Wind Farm” or the “Project”) that is currently in operation in Greenbrier and Nicholas Counties, West Virginia, or to declare that the modification sought is not material. In the alternative, if the Commission finds that the proposed modification is material, Beech Ridge requests that the Commission enter an Order modifying Beech Ridge’s siting certificate to allow construction of the proposed ESD.
Beech Ridge represents that the ESD will not constitute a material modification to the Wind Farm in that it will not alter the design, change the footprint, or increase the transmission or generation of the Wind Farm, nor will it materially affect viewshed, sound levels, emissions or other environmental concerns with regard to the Project.
The ESD will have a combined nominal output of up to 32.4 MW, comprised of 18 1.8 MW modules consisting of lithium-ion batteries, inverters, transformers and cooling systems. The lithium-ion batteries used in the ESD are the same kind of batteries used worldwide in a variety of applications, including cordless power tools and battery powered or hybrid vehicles. The batteries are grouped into battery packs or modules that are loaded into trays and the trays are mounted in floor-to-ceiling racks inside a standard shipping container. Exact configuration and dimensions of the container will vary depending on the final vendor selected to provide the battery units. The shipping containers used by one likely vendor are 40’ long, 8’ wide and 9-1/2’ tall. The construction process will involve minimal work due to the location of the ESD adjacent to the site of the Wind Farm’s substation, which is already constructed.
Further information concerning the Application and the Energy Storage Device is available in the case file at the Commission offices at 201 Brooks Street, Charleston, West Virginia, or on the Commission website, www.psc.state.wv.us, by (1) clicking on Case Information in the left-side area of the Commission home page, and then (2) selecting Case, under the heading Search, (3) inserting 14- in the Case Number field, and (4) clicking Search, followed by Activities.
Anyone desiring to protest the Application or intervene in this case must file a written protest or request to intervene within thirty (30) days of the date of the publication of this notice. Anyone requesting a hearing in this case must file such request in writing within the same 30-day period and state why a hearing is necessary. Failure to timely protest or intervene can affect your right to protest or participate in future proceedings in this case. If no substantia1 protests are received within said thirty-day (30-day) period, the Commission may waive formal hearing and grant the Application based on the evidence submitted with the Application and the Commission review of it. All protests or requests to intervene shall briefly state the reason(s) for the protest or intervention. Requests to intervene must comply with the Commission Rules of Practice and Procedure, 150 C.S.R. Series 1, which are available via a link on the Commission home page to the website of the West Virginia Secretary of State. All protests, requests to intervene, and requests for hearing must be addressed to Ingrid Ferrell, Executive Secretary, Post Office Box 812, Charleston, West Virginia 25323, and must be marked to be filed in Case Number 14-
BEECH RIDGE ENERGY LLC [Form No. 31
STATE OF WEST VIRGINIA PUBLIC SERVICE COMMISSION CHARLESTON
CASE NO. 14-
BEECH RIDGE ENERGY LLC Application for Waiver of Siting Certificate Modification Requirements or, in the alternative, for a Modification to Siting Certificate and Related Requests for Relief
APPLICATION FOR MODIFICATION TO OR AMENDMENT OF A SITING CERTIFICATE
COMES NOW the above-named Beech Ridge Energy LLC, the applicant herein, by counsel, and respectfully shows the Commission as follows:
1. That the name and address of the applicant is Beech Ridge Energy LLC, One
South Wacker Drive, Suite 1900, Chicago, Illinois 60606
2. That the applicant proposes to install an energy storage device (“ESD”) at its
100.5 MW Beech Ridge Wind Power Project (the “Project”) that is currently operating in
Greenbrier and Nicholas Counties, West Virginia. The Project is more fully described in “Beech
Ridge Energy LLC’s Application for Waiver of Requirement of Modification or Amendment for its Siting Certificate, or, in the Alternative, Petition for a Modification of a Siting Certificate”
(the “Application”).
3. Attached hereto is a Certificate of Authority of a Foreign Limited Liability
Company issued to Beech Ridge on October 18,2005 by the Secretary of State of West Virginia.
The applicant remains in good standing and authorized to do business in West Virginia.
1 4. Commission approval of the requested modification or amendment should be granted for the reasons set forth in the Application.
Respectfblly submitted this 14th day of February 20 14.
BEECH RIDGE ENERGY LLC
Grant P.H. Shuman (WV State Bar #8856) Spilman Center 300 Kanawha Boulevard, East Charleston, West Virginia 25301 (304) 340-3800 [email protected] [email protected] [email protected]
2 I, Be@yIreland, Secretary ofstate of the State of West Virginia, hereby certi_jfirthat
BEECH RIDGE ENERGY LLC Control Number: 80058 a limited liability company, organized under the laws of the State of Delaware has filed its "Application for Certificate of Authority" in my office according to the provisions of West Virginia Code $31B-10-1002.I hereby declare the organization to be registered as a ..) foreign limited liability company from its effective date of October 18,2005 until a certificate of cancellation is filed with our office.
Therefore, I hereby issue this CERTIFICATE OF AUTHORITY OF A FOREIGN LIMITED LIABILITY COMPANY to the limited liability company authorizing it to transact business in West Virginia
Given under my hand and the Great Seal of the State of West Virginia on this day of October 18,2005
Secretary of State