Energy — wind power

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United States Court of Appeals For the Seventh Circuit

Civil

Energy — wind power

FERC did not exceed its authority in apportioning costs of siting multi-state wind power and transmission lines.

“The promotion of wind power by the MVP program deserves emphasis. Already wind power accounts for 3.5 percent of the nation’s electricity, U.S. Energy Information Administration, ‘What is US Electricity Generation by Source?’ May 9, 2013, www.eia.gov/tools/faqs/faq.cfm?id= 427&t=3 (visited May 29, 2013), and it is expected to continue growing despite the downsides of wind power that we summarized in Muscarello v. Winnebago County Board, 702 F.3d 909, 910-11 (7th Cir. 2012). The use of wind power in lieu of power generated by burning fossil fuels reduces both the nation’s dependence on foreign oil and emissions of carbon dioxide. And its cost is falling as technology improves. No one can know how fast wind power will grow. But the best guess is that it will grow fast and confer substantial benefits on the region served by MISO by replacing more expensive local wind power, and power plants that burn oil or coal, with western wind power. There is no reason to think these benefits will be denied to particular subregions of MISO. Other benefits of MVPs, such as increasing the reliability of the grid, also can’t be calculated in advance, especially on a subregional basis, yet are real and will benefit utilities and consumers in all of MISO’s subregions.”

Affirmed.

11-3421, 11-3430, 11-3584, 11-3585, 11-3586, 11-3620, 11-3787, 11-3795, 11-3806 & 12-1027 Illinois Commerce Commission v. FERC

Petitions to Review Orders of the Federal Energy Regulatory Commission.