Wind expansion ruling challenged

NextEra Energy Resources, which owns the Duane Arnold Energy Center in Palo, is challenging a state decision that aids a $2 billion wind energy expansion by MidAmerican Energy.

A lawsuit NextEra filed in Polk County District Court this week says the Iowa Utilities Board ignored or contradicted key aspects of state law when allowing MidAmerican to build 1,001 megawatts of wind power.

NextEra said the board's Dec. 14 decision is grounded in “numerous errors of fact and law, and is the largest owner and establishes irrational policy.”

In addition to owning Iowa's only nuclear plant, NextEra is the largest owner and operator of wind farms in the United States, with 65 facilities in 16 states.

The lawsuit says the board erred when finding that MidAmerican's Wind VII project met the definition of need in Iowa law and ignored MidAmerican's admissions that it did not need the project in a statutory sense.

NextEra also claimed the board erred when determining that approving the request would not discriminate against alternate energy providers.

NextEra and MidAmerican differ in that MidAmerican is a rate-regulated utility and NextEra is a wholesale power provider, generating energy to sell on contract to other utilities.

NextEra, which opposed MidAmerican's request unsuccessfully before the utilities board, said the Wind VII project supports MidAmerican's entry into the wholesale power business.

“The IUB believes its recent decision was fair and just and stands ready to argue it in court,” Iowa Utilities Board spokesman Rob Hillesland said.