An organization that formed to oppose Cape Wind appealed the MEFSB decision to the Court. However, the Court issued a unanimous decision in favor of Cape Wind, acknowledging the MEFSB’s “eminently reasonable and practical approach” in determining that the transmission lines were needed to serve the wind farm, even though the wind farm itself will ultimately require the approval of federal agencies.

Cape Wind President Jim Gordon stated that, “the state’s highest court has now confirmed the validity of the original agency decision, which said emphatically that Cape Wind’s power is needed, that Cape Wind will reduce air pollution and that the project is a needed part of our state’s energy mix.”

“This decision moves Massachusetts closer to becoming a global leader in offshore wind power,” Gordon continued.

“The Court unequivocally affirmed the soundness of the Siting Board’s decision to approve the Cape Wind’s transmission lines,” stated David Rosenzweig, Counsel for Cape Wind, who argued the case before the Court on behalf of the Project. The Court’s decision will facilitate Cape Wind’s continuing efforts to secure the remaining necessary state approvals to construct and operate the Project.

The MEFSB approved Cape Wind’s application at the conclusion of a 32-month review of unprecedented length that included 2,900 pages of transcripts, 923 exhibits and 50,000 pages of documentary evidence.

Important findings from the MEFSB Decision approving Cape Wind’s Application May 11, 2005:

• “The record shows that the wind farm will tend to reduce market clearing prices for electricity... The savings…would accrue to electric customers, and are estimated to be $25 million per year for New England customers, including $10 million annually for Massachusetts customers over the first five years of operation.” (p.162)
• “The record clearly documents significant and lasting air quality benefits resulting from the wind farm’s displacement of other, primarily fossil-fueled, generators.” (p.188)
• “Overall, the Siting Board concludes that the air quality benefits of the wind farm are significant, and important for Massachusetts and New England.” (p. 189)
• “The Siting Board therefore finds that there is a need for the capacity provided by the wind farm beginning in 2007 for reliability purposes.” (p.147)
• “The record shows that the wind farm would act as a hedge against risks associated with the availability of natural gas and other fossil fuels.” (p.150)
• “Consequently the Siting Board finds that there will be a need for the renewable resources provided by the wind farm to meet regional RPS [Renewable Portfolio Standards] requirements beginning in 2006.” (p.155-156)

Cape Wind’s proposal to build America’s first offshore wind farm on Horseshoe Shoal would provide three-quarters of the electricity used on Cape Cod and the Islands from clean, renewable energy - reducing this region’s need to import oil, coal and gas. Cape Wind will create new jobs, lower electric costs, contribute to a healthier environment, increase energy independence and establish Massachusetts as a leader in offshore wind power. For more information visit www.capewind.org.

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