Prairie County reviews NextEra decommissioning agreement as residents press for zoning, stronger bonds

Prairie County commissioners on July 17 reviewed a draft Decommissioning Agreement offered by NextEra’s Glendive Wind Project LLC and heard multiple public commenters urge the county to delay signing until local zoning and stronger bond and road protections are set.

At the meeting in Court Room 217, Ross Freehan, who phoned in for NextEra, said removal commitments in the draft depend on landowner agreements and regulatory requirements. "The agreement with landowners determines the amount of the foundation to be removed. Requirements are 3 ft for foundation, 2 ft for cables," Freehan said, adding that the operator is responsible for decommissioning and that the bond functions as an insurance policy.

Commissioners asked who would select the professional engineer that estimates decommissioning costs; Freehan said the company and commissioners would agree on the engineer and that both the engineer and Montana Department of Environmental Quality reviewers would provide estimates to DEQ, which could modify them. County Attorney Dan Rice noted the county may submit comments directly to DEQ and flagged draft language that currently allows the developer not to adopt all county comments when filing with the state.

Public commenters raised multiple concerns. Shane Eaton asked the county to require a zoning permit and to delay signing the agreement until a county zoning process and permit framework are in place. "Don't sign this until a zoning document is completed," Eaton told the commissioners. Residents also pressed for explicit coverage of roads, surface restoration, weed control and the final disposition of removed materials — items several speakers said are not clearly addressed in the draft.

Tim Popper warned of a potential bonding "gap" tied to short enforcement windows and pointed to national examples of large facilities going bankrupt, asking the county to close any gap so taxpayers will not bear cleanup costs. Arron Martinson likewise said roads and approach work should be covered in the agreement, and Dave Hudson said outreach and payments from the developer may be influencing public sentiment.

NextEra representatives characterized the agreement as voluntary and not required by law, saying it puts in writing what the company intends to do. Freehan confirmed there is currently no firm plan for where decommissioned towers and materials would be taken.

After discussion, Commissioner Todd Devlin announced a 30-day public comment period on the draft; a final draft will be published after that comment window and further public review, the commissioners said. Dan Rice reiterated that the county does not control DEQ’s plan approval but that the county’s rights to comment are preserved in the agreement.

The commission adjourned the public portion of the meeting on decommissioning with no formal vote recorded on the draft agreement. Next steps identified by the board were a public comment period of 30 days and subsequent revisions to the draft for further review.