The Indiana Utility Regulatory Commission (Commission) issued its order approving Lewis Roca Rothgerber client Headwaters Wind Farm LLC’s (Headwaters) new wind development in Indiana. Headwaters is a subsidiary of EDP Renewables North America LLC. Headwaters will sell the power from the 200 MW nameplate capacity wind farm to Indiana Michigan Power Company pursuant to a 20-year power purchase agreement.
Technically, Headwaters received a partial declination of Commission jurisdiction over its development and operation of the Headwaters Wind Farm. The Commission's order is consistent with other declination of jurisdiction cases. The Commission retained jurisdiction over transfers of Headwaters' franchise, works or system and over certain affiliate transactions involving Headwaters. Headwaters voluntarily gave up the rights of an Indiana public utility to exercise eminent domain rights and to be exempt from local zoning and land use requirements. Also, rather than waiving a public utility’s right to use public right-of-way, Headwaters retained limited rights to use the public right-of-way within the project area. The Commission also required Headwaters to file quarterly reports until commercial operation is achieved and annual reports thereafter.