Broad Mtn. Power files court appeal

Broad Mountain Power LLC recently filed an appeal in Carbon County court to recent zoning ordinances amendments made by Packer Township.

Broad Mountain is attempting to construct and operate a wind farm in the township and says in a press release concerning the filing that the amendments could block the development of future wind projects in the township.

According to Broad Mountain, “The challenge seeks to invalidate the procedurally flawed ordinance amendments because the township did not follow strict statutory requirements as set forth in the state’s Municipalities Planning Code for public notice, public hearings and public comment on the proposed amendments.”

The firm continues to argue, “The amendments represent substantial changes to the previously existing ordinance that allowed turbines, while at the same time minimizing or mitigating impacts. The amended ordinance essentially makes it impossible to construct or operate a modern wind farm within Packer Township.”

According to the appeal, some of the defects with the amended zoning ordinance, based on provisions of the Municipalities Planning Code. Those alleged defects are detailed in the suit. The suit contains 148 pages.

Liberty Power, a subsidiary of Algonquin Power and Utilities Corp. in Ontario, Canada, has proposed 80-megawatt, $125 million wind turbine project in the township.

The project would include a total of 21 turbines — five 452-foot turbines and 16 656-foot turbines — on the Broad Mountain in the township. A transmission line would then travel down the Broad Mountain near the Panther Creek co-generation plant to connect with a PPL substation line on Route 54 in Nesquehoning.