SUSSEX CO., DE - A new bill introduced in the Delaware State Senate could clear a major hurdle in US Wind’s plans for an electric substation in Sussex County.
As part of the company’s plans to bring offshore wind energy off the coast of Delmarva, US Wind proposed an electric substation near Millsboro where offshore power cables would be brought ashore under 3Rs Beach. That substation would be located near the now-retired Indian River Power Plant.
US Wind submitted a conditional use permit application for the substation to Sussex County officials in 2024. Though Sussex County Planning and Zoning recommended approval of the permit, the Sussex County Council ultimately voted to deny it amid fierce local opposition to the offshore project. US Wind quickly launched a legal challenge against the decision.
Now, Sussex County may face legislative challenges in addition to challenges in court.
Senate Bill 159, introduced on May 21, 2025, aims to amend Delaware State Code to prohibit counties from denying conditional use permits specifically for electrical substations that meet certain conditions. Those conditions include if the proposed substation is to be located on unincorporated land, if the substation would be used to support renewable energy generation of 250 MW or more, and if an electrical substation is already allowed in the proposed zone.
US Wind’s proposed substation fits all of these criteria.
SB 159 is further written to be retroactive. Should it pass the Delaware legislature and earn the Governor's signature, Sussex County’s decision to block the conditional use permit would be reversed and the permit application would be granted, according to the bill’s language.
The bill’s main sponsor is Senator Stephanie Hansen who represents the 10th Senate District including Glasgow, Middletown, and Odessa.
"Delaware is facing an imminent energy reliability problem,” Hansen said in a statement to WBOC. “We have been warned by our regional transmission grid operator, PJM, that we are facing energy reliability issues that, if not addressed quickly and through big measures, could mean not only much higher energy prices than we have already seen, but the lack of sufficient energy when we need it.”
“This is where the offshore wind project comes into play,” Hansen continued. “For the last several years, the General Assembly has passed legislation making it clear that offshore wind needs to be a part of our energy future. Recognizing the importance of offshore wind, the Delaware Energy Solutions Act of 2024 put in place a procurement system to purchase the energy from offshore wind. This law didn’t mandate the purchase of offshore wind, but it set up our procedure for purchasing wind, recognizing that this is an issue of statewide concern and there needed to be a process in place to purchase the energy. In addition, our 2024 State Energy Plan, which was developed after more than a year of stakeholder and public involvement throughout the state, as well as recommendations by the Governor's Energy Advisory Council, leans heavily on the importance of offshore wind and states that Delaware should develop partnerships with other states for offshore wind energy.”
Other sponsors of the bill include State Representative Claire Snyder-Hall who represents constituents in Sussex County. State Senator Trey Paradee, who represents communities in Kent County, is also listed as a sponsor.
Senate Bill 159 is currently awaiting consideration in the Senate Environment, Energy & Transportation Committee. The committee is currently holding a public comment period ahead of their meeting on Monday, June 2 at 1 p.m. More information on that meeting and submitting public comments can be found here.