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					                PENNSYLVANIA
BACKGROUND
Contact: William A. Capouillez, Bureau Director, Pennsylvania Game Commission, (717) 787-
6818, wcapouille@state.pa.us, 2001 Elmerton Ave., Harrisburg PA 17110

Installed Utility Scale Wind Power: 179 MW


INCENTIVES FOR WIND DEVELOPMENT
Renewable Portfolio Standard: Yes - 8% Tier I, 10% Tier II by 2020 (wind is Tier I)

Incentives for Industrial or “Big Wind” Production:
  FirstEnergy (formerly GPU) established the Metropolitan Edison Company Sustainable Energy
  Fund and Penelec Sustainable Energy Fund to provide funding in the form of loans or equity
  investments (a limited number of grants may be available) to businesses that advance the fund’s
  objectives: the development and use of renewable energy and clean-energy technologies; energy
  conservation and efficiency; sustainable-energy businesses; and projects that improve the
  environment in the companies' service territories; loans typically do not exceed $500,000 and
  grants typically do not exceed $25,000.
  The Sustainable Development Fund Grant Program (PECO Territory) provides financial
  assistance in the form of grants, commercial loans, subordinated debt, royalty financing, and
  equity financing for Sustainable Energy Business Planning Grants, Sustainable Energy
  Demonstration Grants, and other grants that follow the SDF’s mission of “promoting renewable
  energy, energy conservation and sustainable energy businesses”; grants average approximately
  $25,000 and are available for up to 75% of the cost of the work.
  The West Penn Power Sustainable Energy Fund (WPPSEF) promotes the use of renewable
  energy and clean energy among commercial, industrial, institutional and residential customers,
  funding for eligible projects may include grants, commercial loans, equity investment,
  subordinated debt and royalty financing; commercial loans are available to manufacturers,
  distributors, retailers and service companies involved in renewable and advanced clean energy
  technologies, as well as energy efficiency and conservation products and services to end-user
  companies and community-based organizations.
  The Sustainable Energy Fund of Central Eastern Pennsylvania (SEF) disburses a limited number
  of grants and loans to organizations seeking funding for projects consistent with the Fund’s
  mission “to promote research and invest in clean and renewable energy technologies, energy
  conservation, energy efficiency and sustainable energy enterprises that provide opportunities and
  benefits for PP&L ratepayers”; research projects are not eligible for grant financing.
  The Pennsylvania Energy Development Authority (PEDA) offers periodic grant and loan funding
  to provide support for innovative, advanced energy projects, and for businesses interested in
  locating or expanding their alternative-energy manufacturing or production operations in
  Pennsylvania; Commercial, Industrial, Nonprofit, Schools, Local Government, Agricultural
  sectors are eligible and the maximum individual award is $1 million.
Incentives for Residential and “Small Wind” Production:
  Pennsylvania law provides that wind turbines and related equipment (including towers and
  foundations) may not be counted by tax assessors when setting property values, instead the
  valuation of real property used for the purpose of wind-energy generation is developed by the
  county assessor utilizing the income capitalization approach to value (the capitalized value of the
  land-lease agreements, supplemented by a sales comparison data approach).
  Pennsylvania’s Energy Harvest program provides financing for the implementation of clean and
  renewable-energy technologies that have measurable benefits in terms of pollution reduction,
  environmental quality and reduced energy use; grants are intended to address the dual concerns of
  energy and environmental quality so proposals must simultaneously reduce or supplement the use
  of conventional energy sources and lead to improvements in water or air quality.
  The Keystone Home Energy Loan Program (HELP) is a low-interest loan program for
  homeowners to make their homes more energy efficient or to install wind, solar or geothermal
  systems; maximum loan amount is $10,000 with a 10-year repayment term and 8.99% interest
  rate, some low-income participants may qualify for a lower 6.99% interest rate.


Interconnection and Net Metering Standards:
Pennsylvania’s interconnection standards include provisions for four levels of interconnection for
generators up to two megawatts (MW) in capacity. The Commonwealth’s investor-owned utilities
must make net metering available to residential customers with systems up to 50 kilowatts (kW) in
capacity; nonresidential customers with systems up to one megawatt (MW) in capacity; and
customers with systems greater than 1 MW but no more than 2 MW who make their systems
available to the grid during emergencies, or where a microgrid is in place in order to maintain
critical infrastructure


ENERGY SITING PROCESS
Power Siting Authority: Local government has the authority to plan and regulate land use.

Wind Specific Siting Authority? No, however there are state regualtions which entail protection
compliance to certain wildlife resources

Code or Regulations: Land use authority granted to local government in Municipalities Planning
Code

Role of State Fish & Wildlife Agency: Department of Conservation & Natural Resources and
Pennsylvania Game Commission and PA Fish & Boat Commission all have jurisidictional
mandatory oversight on review of proposal; to include, wetlands, streams, Yhreatened or
Endangered Species etc.

How are wildlife laws applied: Mitigation is mandatory when protection and minimizatoin
processes are not enough to significantly reduce any probabale adverse impacts to state agency
juridictional oversight resources, such as stream, wetlands, Threatened or Endangered species, etc.

WILDLIFE GUIDELINES FOR WIND
Wildlife Guidelines for Wind Power Siting: Wind Energy Voluntary Cooperative Agreement
Lead Agency on Guidelines: Pennsylvania Game Commission

Status of Wildlife Guidelines: Final – February 2007

Summary of Guidelines: The Pennsylvania Game Commission developed a voluntary cooperative
agreement to help avoid, minimize and potentially mitigate any adverse impacts the development of
wind energy may have on the state’s wildlife resources; the agreement has been signed by 28 wind
power companies (“Cooperator”). Included with the agreement are site and project risk assessments
and survey processes, defiend efforts for protection and minimization of known resources, and
planned efforts to reduce potential adverse impacts to wildlfie resources, as well as standardized
protocols for wildlife monitoring and impact review procedures primarily for migrating raptors -
particularly eagles - and bats. In return, Coopertors reap the benfit of reduced liabailty for potetnail
unauthroized takes, increased planning effieincy, reduced overhead costs for permitting and
regaultory complinace, and overall improved public relations. The Game Commission has also
outlined steps for appropriate post-construction mortality studies and in 2005 finalized guidelines
for development of wind facilities on Game Lands.

Web site for Guidelines:
http://www.pgc.state.pa.us/pgc/lib/pgc/programs/voluntary_agreement.pdf


                           Detailed Summary of Pennsylvania’s Voluntary Guidelines
                          Pre-construction surveys are required as part of the Cooperative Agreement
                          for both birds and bats. Migrating raptor studies are required in both spring
                          and fall and if the area is a known eagle migratory route than an additional
                          spring eagle survey would be required. If the project area is within an
                          Important Bird Area (IBA) as previously designated by the Audubon
                          process, or within an area supporting birds identified as those priority
                          species of “greatest conservation concern” within the Pennsylvania
                          Comprehensive Wildlife Conservation Strategy, a survey (consisting of
                          three days of effort one day in May, two in June, separated by at least one
                          week) to confirm or deny the presence of the species will be required. The
Pre-construction
                          cooperator is responsible for surveying the project area for any caves,
survey
                          abandoned mine portals, or other openings that may harbor bats to be
                          surveyed by a qualified bat biologist in order to determine those bat
                          hibernacula existing within 5 miles of the project area that may induce
                          additional avoidance and minimization measures due to anticipated adverse
                          bat impacts from project operations. The cooperator will conduct pre- and
                          post-construction acoustic surveys based on priority level to assess the level
                          of bat activity for both hibernating and tree bats. Specific pre-construction
                          monitoring protocols for both birds and bats that describe habitat priority
                          levels as well as duration and extent of surveys are outlined in addendums
                          to the cooperative agreement.
                      The Cooperator agrees to utilize to the greatest extent possible, all
Design/Operation      reasonable and feasible generally accepted wind industry and Commission
Recommendations       best management practices relevant to the conservation of wildlife resources
                      during construction and subsequent operation of the wind-energy facility.

                       None are given initially, however as part of the agreement, Cooperator’s
                      meet with the PA Game Commission after initial project review in order to
                      jointly assess risk of site development and project placement based on
                      vegetative cover types, field verified local wildlife resources and survey
Site Development      results, known migration rates, proximity to hibernacula’s and species
Recommendations       populations, and overall forest fragmentation, slope, wind speeds,
                      infrastructure build-out plans, etc. Site development recommendations and
                      adherence to them are than made part of the overall Cooperator’s
                      obligations in order for the Cooperator to remain in good standing with
                      compliance of the Cooperative Agreement.

                      The agreement with the Game Commission provides that the Commission
                      will be notified of a pending development at least 14 months prior to
                      construction. The Commission in consultation with the Cooperator will
                      determine the risk level for monitoring and survey efforts. The Commission
                      and Cooperator agree to share relevant information concerning wildlife
Consultation with
                      resources under the jurisdiction of the Commission in and around the
wildlife agency,
                      project area and the potential adverse impact to those resources. The
USFWS
                      Commission will to the extent feasible, be made available to provide
                      consistency and oversight management for all conducted surveys.
                      Commission recommendations or decisions under the Cooperative
                      Agreement do not supersede any comments, decisions, or recommendations
                      of the United States Fish & Wildlife Service.

                      In the event that an incidental take occurs upon a Pennsylvania listed
                      threatened or endangered species of bird or mammal during the operation of
                      any of the Cooperator’s wind-energy facilities, the Cooperator liability is
                      less due to having adhered to the protect, minimize process and is
Mitigation
                      subsequently directed to take all reasonable measures as deemed
requirements
                      appropriate by the Commission and the Cooperator to further avoid,
                      minimize and/or mitigate such wildlife losses in the future. Failure on the
                      Cooperator’s part to do so, causes a breach in the Agreement and the
                      Cooperator liability and risk is immediately increased.


                      The Cooperator is required to perform bird and bat mortality monitoring for
                      a minimum of two years post-construction. Mortality studies shall be
Post-Construction/    conducted from April 1 through November 15 by a qualified biologist(s)
Operational Surveys   having expertise in the identification of bats and/or birds. Detailed
                      overviews of mortality studies are included as addendums to the
                      cooperative agreement.
Decommissioning   None

				
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