NextEra Energy Resources, LLC/Moose-Alder Stream Wind

Rule Making

Receive NextEra Moose-Alder Stream Wind Petition Review Updates!

Last Updated: December 21, 2017

The Commission received a rulemaking petition from NextEra Energy Resources, LLC on November 15, 2017 requesting an addition to the Expedited Permitting Area for Wind Energy Development in Chain of Ponds, Seven Ponds, Skinner, and T5 R6 Townships. The petition is available as a web link in the table on this page.

The Commission’s first step in response to the petition is to decide whether or not to initiate rulemaking. According to Chapter 4 of the Commission’s rules, within 60 days after receipt of a petition requesting adoption or modification of any rule, the Commission must either:

  • Deny the proposed amendment, indicating in writing the reasons for denial; or
  • Initiate rulemaking proceedings on the proposed amendment.

The Commission’s action on this petition will not be an action to approve or deny a specific wind energy development – the denial or granting of a petition deals with the legal criteria under which a future wind energy development application would be reviewed. Should the Commission decide to initiate rulemaking, it will consider the petition in accordance with the provisions of State law (35-A M.R.S. § 3453, The Maine Wind Energy Act) and Commission rule (06-096 CMR Chapter 4). The Wind Energy Act states, “The Maine Land Use Planning Commission may, by rule adopted in accordance with Title 5 Ch.375, add a specified place in the State’s unorganized or de-organized areas to the expedited permitting area. In order to add a specified place to the expedited permitting area, the Maine Land Use Planning Commission must determine that the proposed addition to the expedited permitting area:

  1. Geographic extension. Involves a logical geographic extension of the currently designated expedited permitting area, except that the addition of a specified place that was previously removed from the expedited permitting area in accordance with section 3453-A, subsection 1 need not satisfy this requirement;
  2. Meets state goals. Is important to meeting the state goals for wind energy development established in section 3404; and
  3. Consistent with comprehensive land use plan. Is consistent with the principal values and goals in the comprehensive land use plan adopted by the Maine Land Use Planning Commission pursuant to Title 12, section 685-C.

The Commission intends to consider the question on whether to initiate rulemaking in this matter at its December 13, 2017 business meeting. More information on the meeting and the response to the petition will be posted on this webpage as it becomes available.

Questions about this matter may be directed to Stacie R. Beyer, Chief Planner, stacie.r.beyer@maine.gov, (207) 557-2535.

Documents are provided in PDF and Microsoft Word formats. To view PDF documents, you will need the free Adobe Reader. To view MS Word documents, you will need Microsoft Word or the free Word Viewer.

 

Resources:

Events and Documents Date Information and Links
Commission Meeting December 19, 2017
Petition Received November 15, 2017 NextEra Petition (PDF 5.1MB)