Senate backs wind project despite Sussex County denial

The fight for a Sussex County land-use decision to remain local lost in a state Senate vote June 10, as senators voted 15-5 with one absent in favor of bringing offshore wind power to a southern Delaware site.

The upstate senator sponsoring Senate Bill 159 to override a Sussex County denial of a wind power substation next to the NRG plant near Dagsboro dug in, insisting that wind power is a state energy issue and should not be controlled by a county decision.

Time is of the essence, said sponsor Sen. Stephanie Hansen, D-Middletown, since a delay of US Wind’s pending court case against Sussex County Council’s conditional-use denial is tantamount to denying the project. US Wind’s plan comprises up to 121 wind turbine generators, up to four offshore substations, up to four offshore export cables and one meteorological tower in ocean waters due east of Ocean City, Md. The offshore export cables are proposed to land at 3R’s Beach, north of Bethany Beach, and interconnect to a proposed substation that would be constructed on land adjacent to the Indian River power plant.

With all approvals in hand except the one needed from Sussex County, Hansen said it’s important to keep the project moving forward. 

“Delay is as deadly as denial. I saw it all the time in my law practice,” she said. “It’s meant to kill the project. That’s why we’re here … If there was an easier way to get this done, I tell you I would do it, because this is not fun.”

Sen. Brian Pettyjohn, R-Georgetown, pushed back and said Dover, Middletown or Wilmington should not be making decisions for Sussex County. Residents there won’t be affected by construction of the turbines that will disturb the Inland Bays, with consequences for local tourism and watermen. Locals should have a say in the process, he said.

“We love local government until local government does something that you don’t like,” Pettyjohn said. “We’re seeing a trend here. We have a total of four bills that try to tell our municipalities and our counties ‘we know better than you on certain issues’ that are circulating throughout this building right now.”

Senate Minority Leader Gerald Hocker, R-Ocean View, said all nine towns that he represents are against the bill, and many are concerned that tourism – the second-largest industry behind agriculture – would be adversely affected if something goes wrong with a turbine, using Nantucket, Mass., as an example. In 2024, a blade broke off a turbine, causing the Nantucket beach to close for a day after chunks of fiberglass and smaller, sharp debris washed ashore. It took weeks to clean up, and several news outlets reported hardships for local businesses.

“I would almost bet you there was a state legislature in Massachusetts that read the same kind of statement that you read about the wind farm off Nantucket,” he said after a statement in support of wind power was read into the record. “Believe me, the group that pushed for that is now pushing to do away with it.”

He said he recently met with someone from NRG who told him that even if the wind farm brings power into the power grid, there will still be blackouts unless the Indian River power plant is brought back online. 

Hocker also asked whether Fenwick Island’s denial of a previous offshore wind proposal would be affected by the bill, but Hansen said SB 159 is written specifically for the US Wind application. Hocker was absent when the final vote was taken.

Sen. Russ Huxtable, D-Lewes, who had said after the committee hearing on the bill that he was leaning toward a yes vote, was the only Sussex County senator to vote in favor of the bill.

“Frankly, I had hoped that the courts would be the ones to deliberate and resolve this matter … but in absence of that, I believe the General Assembly now has both the responsibility and opportunity to act in the long-term interest of our state, our region and our people,” he said. “There are moments – rare, but critical – when the broader public interest must transcend jurisdictional boundaries. The infrastructure needed to bring offshore wind energy to our grid is one of those moments.”

Huxtable said he respects the work of local governments, but he has seen a disconnect, particularly when developments are approved locally and then local officials criticize the state for not keeping up with infrastructure demands.

“When it suits the moment, the responsibility for coordinated growth and infrastructure is handed to the state,” he said.

The bill now awaits action in the House Natural Resources and Energy Committee.