14 CoNNECTICUT GREEN GUIDE • WinTer 2014 www.CTGreenGuide.com
CT's Clearer Wind Future
By Matthew L. Stone
T
he turbulence surrounding
Connecticut's wind energy
generation industry is finally
subsiding.
After a process that began in 2011, the
state now has regulations for the siting of
wind energy projects, and the Connecticut Supreme
Court removed the final obstacle to the construction of
such projects in the state.
On the surface, these seem like positive developments.
Realistically, though, what do these two things mean for
the future of wind energy projects in Connecticut? Pro-
ponents of grid-scale wind energy projects finally have a
path forward, but it might not be a yellow-brick road.
In December of 2010, BNE Energy, Inc. submitted pe-
titions to the Connecticut Siting Council asking the CSC
to approve by declaratory ruling BNE's two grid-scale
wind energy projects in Colebrook. These would be the
first wind turbines of this scale in Connecticut.
CSC held hearings during the first half of 2011, and a
local citizens' advocacy group opposed to the projects, Fair-
WindCT, participated extensively. After six months of delib-
erations, the CSC approved the projects. Concurrently with
the CSC's hearings, the General Assembly was working on
legislation to require the CSC to adopt regulations covering
the siting of wind energy projects, even though no other
class of energy projects has specific siting regulations. The
legislation became law in July 2011, the same month that
FairWindCT filed its court appeals of the CSC's approvals.
Three years later, the General Assembly's Legisla-
tive Regulation Review Committee approved the CSC's
fourth draft of regulations for the siting of wind energy
projects. The regulations address such issues as set-
backs from property lines, shadow flicker, ice throw,
blade shear, noise, and decommissioning of the facility
at the end of its useful life.
While having a regulatory scheme for grid-scale
wind turbines is important, these regulations are not
without their challenges. The two regulations that will
likely pose the most significant issues for developers
