SUSSEX CO., DE - Renewable Redevelopment LLC, a subsidiary of alternative energy company US Wind, has filed an appeal in Delaware Superior Court challenging Sussex County’s denial of a planned electric substation near Millsboro.
At a December 17 meeting, Sussex County Council voted 4-1 to deny a conditional use permit that would have allowed US Wind to build the substation near the Indian River Power Plant. That substation would allow US Wind to bring energy ashore from offshore wind turbines through underwater cables landing at 3Rs Beach. The denial was one of two recent potential setbacks for US Wind’s plans for an offshore wind installation off the coasts of Sussex and Worcester Counties.
Both the federal government and state officials had already granted final approval for US Wind’s proposed project.
Following the denial, US Wind noted Sussex County’s Planning and Zoning Commission had unanimously recommended the permit’s approval, calling the Council’s decision “anti-business.” US Wind previously hinted at legally challenging the denial.
On December 26, Renewable Redevelopment, LLC filed an appeal, asking the Delaware Superior Court to reverse Sussex County Council’s decision. The appeal argues the proposed substation would benefit Delaware’s energy grid and that Sussex County Council voted against it only due to their criticism of offshore wind and without legal standing.
“...Councilmembers voting to deny did not utter one word addressing the propriety of the substation use at the proposed location,” the appeal reads. “They did not discuss the zoning. They did not discuss the uses adjoining the Proposed Substation (i.e., the Indian River Power Plant and Delmarva Substation). They did not discuss or even mention the Commission’s unanimous recommendation in favor of the Application. Rather, the Councilmembers voting ‘no’ all expressed animosity toward the Offshore Wind Project – a matter not within their regulatory purview.”
Arguing they own the property near the Indian River Power Plant and that the area already has an existing electric substation, US Wind claims there was no legal basis for Sussex County to reject their proposed substation and asks the Court to reverse the December 17 vote.
