Wind farm operator had to come up with $10 million to obtain stay on ordered destruction in Osage County

 

 

Before a judge recently granted a stay of her order for Osage Wind LLC and Enel Green Power to remove 84 wind turbines in Osage County, she required a bond of $5 million.

However, the final amount ordered by U.S. District Judge Jennifer Choe-Groves totaled $10,036,500, according to documents on file with the Tulsa federal court.

Originally, the Osage Minerals Council along with the federal government had asked for a $50 million bond but Judge Choe-Grove stated in her decision she was not convinced the the full amount was necessary. The stay was issued pending appeal by Osage Wind,LLC the developer of the controversial wind farm in Osage County.

The judge had ruled last December that the developer had trespassed and not lawfully obtained permission to build the 84-turbine wind farm. She also ordered destruction of the towers.

Osage Wind estimated the dismantling of the 84 wind towers would cost $36 million. However, the company also stated it would “suffer losses related to the inability to satisfy tax equity partners, damages and expenses related to the termination of the surface leases and other agreements, and the loss of cash flow generated by the project.”

The wind farm developer further informed the judge the total impact of the ordered removal would be more than $163.5 million and that if the wind farm is dismantled, it “will be nearly impossible to rebuild.”

Osage Wind also contended such a removal of the wind farm would have adverse impacts on Osage county, two school districts, surface rights owners and employees. It also argued the wind farm provides energy for more than 50,000 households.