Montana redirects SDG&E's case against 189-MW wind plan - report

Jul 21, 2014 - The Montana Supreme Court has ruled out that San Diego Gas & Electric’s (SDG&E) lawsuit over NaturEner USA LLC’s 189-MW Rim Rock wind park near the Canada border should be heard in California rather than in Montana, the Associated Press (AP) reported Friday.

Utility SDG&E has taken legal steps against NaturEner at the California Superior Court, accusing the wind farm developer and operator of concealing the risks that its planned 126-turbine wind farm pose to birds. Under the US government's regulations, developers must have a take permit for activities that might injure or kill protected bird species.

The US utility is seeking to scrap a 20-year renewable energy credits (RECs) purchase accord and to back out of a USD-245-million (EUR 181m) investment commitment. NaturEner, a unit of Spanish Grupo NaturEner SA, filed a countersuit in Montana. In May, Montana District Judge Brenda Gilbert ruled that the utility's case should be heard in Montana, not in California. In addition, she issued an injunction under which SDG&E has to pay NaturEner almost USD 2 million per month. The utility's appeal on the case was rejected.

NaturEner's spokesman Paul Queary said, as quoted by the AP, that the company will support its claims in California, adding that if the injunction is cancelled, it could turn to a California judge to reinstate it.

Powered by turbines by Spanish Acciona (BME:ANA), the Rim Rock wind farm near Cut Bank has been generating power since December 2012. When running at full capacity, it produces about 662 GWh of electricity, enough to supply 60,000 homes, NaturEnergy says on its website.

(USD 1.0 = EUR 0.739)

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