Sunshine Colony Farming Co. Ltd.

Transcription

1 Decision Sunshine Colony Farming Co. Ltd. 2.4 MW Wind Farm March 27, 2014

2 The Alberta Utilities Commission Decision : Sunshine Colony Farming Co. Ltd. 2.4 MW Wind Farm Application No Proceeding No March 27, 2014 Published by The Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8 Telephone: Fax: Website:

3 The Alberta Utilities Commission Calgary, Alberta Decision Sunshine Colony Farming Co. Ltd. Application No MW Wind Farm Proceeding No Introduction 1. Sunshine Colony Farming Co. Ltd. (Sunshine) filed an application with the Alberta Utilities Commission (AUC or the Commission) for approval to construct and operate four 600 kilowatt (kw) Tacke Windtechnik GmbH turbines, for a total rated capability of 2.4- megawatts (MW), in the Hussar, Alberta area, east of the city of Calgary, pursuant to Section 11 of the Hydro and Electric Energy Act. Sunshine is also seeking approval to connect the wind farm to FortisAlberta Inc. s (Fortis) distribution network, pursuant to Section 18 of the Hydro and Electric Energy Act. This application was registered on October 9, 2013, as Application No Background 2. Sunshine is applying to construct and operate four wind turbines, connected by an underground 25-kilovolt (kv) feeder, to be located in NW W4M with a proposed inservice date of the end of The power plant would be constructed on cultivated land and connected to Fortis s distribution network. Fortis is aware of the proposed power plant and is prepared to allow the interconnection of the power plant to its 25-kV distribution system. The connection point of the power plant to Fortis s distribution network is in NW W4M. 3. The application as filed was incomplete and missing several of the information requirements as set out in AUC Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations and Hydro Developments. As a result, on November 13, 2013, the Commission issued an information request to Sunshine for additional information. Sunshine requested a meeting with the AUC. A meeting agenda was sent to Sunshine confirming that the meeting would address the application requirements of the Commission for a power plant greater than one MW and the Commission s process in reviewing applications but would not discuss the merits of the application or its specific deficiencies. 4. Sunshine met with Commission staff on November 20, 2013 to discuss the Commission s application requirements. The Commission informed Sunshine that a noise impact assessment (NIA) was required for the project as the power plant was greater than one MW. Sunshine was given an example of an NIA as well as a list of acoustical firms that have previously prepared NIAs for applications considered by the Commission. The Commission also explained the purpose of public consultation and environmental requirements. 5. On January 10, 2014, Sunshine requested a second meeting with the Commission seeking clarification on how to prepare its NIA. The Commission declined this request on January 14, The Commission stated that a Panel of the Commission, who are the ones that ultimately decide whether the requirements under AUC Rule 012: Noise Control have been met, AUC Decision (March 27, 2014) 1

4 2.4 MW Wind Farm Sunshine Colony Farming Co. Ltd. are the only people who can make a determination regarding compliance of the project upon review of the submissions on the public record. Sunshine was informed that it must submit material to the degree that they deem sufficient to meet the application requirements, given the project s characteristics, to properly allow the Commission to consider the application. 6. On February 21, 2014, Sunshine submitted an NIA, which was the final application requirement. On March 11, 2014, the Commission issued a second round of information requests to Sunshine regarding the location of the turbines and interconnection point. Sunshine responded to the Commission on March 17, 2014 and March 18, The Commission considers the application complete as of March 18, Discussion 7. Sunshine submitted that a wildlife survey was conducted to comply with the guidelines set out in the Alberta Environment and Sustainable Resource Development (AESRD) Fish and Wildlife Division Wildlife Guidelines for Alberta Wind Energy Projects, April 5, The survey noted that the power plant would be contained within a single cultivated quarter section, with the closest area of native pasture approximately 600 metres from the nearest turbine. The survey located two ephemeral wetlands on the quarter section. The proposed turbines are sited to comply with the 100 metre setback from wetlands. No detected species observed are listed as species at risk either provincially or federally. Further, the survey suggested construction after July 15 as an appropriate mitigation measure, to reduce nest destruction or nest abandonment. The survey concluded that the power plant development will have minimal direct impacts on local wildlife if the mitigation measures are taken. 8. Sunshine submitted that the power plant project was reviewed by AESRD. AESRD recommended that a post-construction carcass search be conducted in the year following construction and operation to verify the project is low risk. Sunshine has agreed to have a survey conducted by a qualified wildlife biologist and a report will be provided to AESRD within four months of completion of the survey. Sunshine submitted that possible additional mitigations such as altering the cut in speed and the shutting down of operation during night or migration periods, might be implemented, should the survey show higher than acceptable fatality rates for birds and bats. 9. An NIA was conducted by Golder Associates Ltd. for the power plant. The NIA indicated the wind turbines were manufactured by Tacke Windtechnik GmbH (Tacke), but Sunshine purchased them from a third-party vendor. As Tacke is no longer in business, it was not possible to obtain noise emission information for the specific model of wind turbine used for the project. However, noise emission information for a Tacke wind turbine model of the same rating, and very similar to the one used in the project, was obtained. 10. To mitigate the uncertainty introduced by incomplete noise specifications, Golder Associates Ltd. incorporated a three decibel augmentation, 1 equivalent to a doubling of sound, to the noise emission calculation, and thus provided a conservative estimate. The noise specifications did not include octave-band sound power level information and as such, Golder Associates Ltd. established a representative spectral shape for the wind turbine generators 1 Increase of three decibels A-weighted (dba) sound power level per turbine. 2 AUC Decision (March 27, 2014)

5 2.4 MW Wind Farm Sunshine Colony Farming Co. Ltd. based on manufacturer-supplied noise specifications it received as part of other wind energy projects. 11. Noise emissions from the transformers associated with the project were determined using widely accepted technical standards to calculate the sound power level for each transformer. The noise emission calculation for each transformer assumed a conservative condition under which the cooling fans would operate 100 per cent of the time. 12. There are no existing or approved energy related facilities that contribute to the noise levels in the project area. No occupied dwelling exists within two kilometres of the project, aside from the Sunshine Colony communal residence. At the most impacted theoretical receptor location (1.5 kilometres north of the project), the project alone sound level contribution is 28.3 dba Leq resulting in a cumulative sound level of 35.8 dba Leq, which is below the nighttime Permissible Sound Level value of 40 dba Leq by a margin of 4.2 dba. 13. Notification of the power plant was conducted by Wheatland County in the local newspaper and mailed out to adjacent landowners within 2.4 kilometres of the development during the development permit stage. No objections were received and a development permit was issued. Sunshine stated that there are no other landowners within 2,000 metres of the project and that it is the sole owner of the land within 2.7 kilometres of the project area. Sunshine talked to F-R Ranch, the closest landowner, and Cenovus Energy Inc., which has well sites in the area and have confirmed no objections. Nav Canada was notified of the project and had no objections to the project. Consultation with Alberta Transportation was not required as the turbines are not within 300 metres of a numbered highway. 4 Findings 14. The Commission has reviewed the application and has determined that the technical, siting, emissions, environmental and noise aspects of the power plant have been met. The Commission has also determined that the application meets the requirements for a connection order. There are no outstanding technical aspects for the connection considering load flow studies, functional specifications, dynamic studies and short-circuit studies, nor are there any outstanding public or industry objections or concerns. 15. The Commission finds that Sunshine s limited participant involvement program is appropriate as Sunshine owns the land within 2.7 kilometres of the project. Sunshine notified Cenovus Energy Inc., who has well sites in the area, and F-R Ranch, as the closest landowner, and confirms no objections to the project. 16. A notice of application was not issued because there are no other landowners within two kilometres of the proposed power plant, and therefore, a hearing was not required as the Commission considered that its decision or order would not directly and adversely affect the rights of a person pursuant to Section 9 of the Alberta Utilities Commission Act. AUC Decision (March 27, 2014) 3

6 2.4 MW Wind Farm Sunshine Colony Farming Co. Ltd. 17. The Commission is satisfied with the approach used in the NIA in absence of the noise data for the wind turbines. Noise emission information was not available for the proposed turbines, however, the NIA used noise emission information that was available from a similar wind turbine of the same rating and included an increase of three decibel per turbine to account for uncertainty of the data. Due to the small scale of the project and the fact that there are no residential receptors located within 1.5 kilometres of the power plant, the Commission is of the view that this is reasonable. 18. The Commission finds the direct environmental impacts of the power plant to be minimal. The wildlife study did not detect species listed as species at risk either provincially or federally and the wetlands on the property are outside of the setback distance. AESRD has reviewed the power plant and recommended that a post-construction carcass search be conducted in the year following construction and operation to verify the project is low risk. Sunshine has agreed to this mitigation measure. 19. Based on the foregoing, the Commission considers the project to be in the public interest in accordance with Section 17 of the Alberta Utilities Commission Act. 5 Decision 20. Pursuant to Section 11 of the Hydro and Electric Energy Act, the Commission approves the application and grants Sunshine the approval set out in Appendix 1 Approval No. U March 27, 2014 (Appendix 1 will be distributed separately). 21. Pursuant to Section 18 of the Hydro and Electric Energy Act, the Commission approves the connection order and grants Sunshine the approval set out in Appendix 2 Connection Order No. U March 27, 2014 (Appendix 2 will be distributed separately). Dated on March 27, The Alberta Utilities Commission (original signed by) Tudor Beattie, QC Commission Member 4 AUC Decision (March 27, 2014)