County denies Enel fund request

Rock County Commissioners denied a request from Enel Green Power North America to return a $71,299 tax penalty it was assessed for late payment.
Enel paid the 2014 Wind Production Tax of $891,531 on May 31 along with an 8 percent late fee.
The once-a-year payments are due May 15 and are based on the electricity generated from the company’s 119-turbine Prairie Rose Wind Farm, located in northwest Rock County.
County Auditor-Treasurer Ashley Kurtz received a letter Oct. 26 from Enel’s tax director Tom Kucharski requesting the penalty monies back.
“EGP-NA has a solid history of on-time payment and this particular issue was a one-time, unintentional oversight that was immediately resolved,” Kucharski wrote.
Rock County Board members at their Nov. 17 meeting unanimously denied Enel’s request and directed County Administrator Kyle Oldre to write a letter in response.
Oldre’s Nov. 23 letter addressed to Enel’s Andover, Massachusetts, office pointed to Minnesota Statute 375.192, “which provides that abatement can occur only in instances in which a penalty or interest has been ‘erroneously or unjustly’ paid.”
Oldre stated that Prairie Rose Wind Farm had received sufficient notice of the tax amount and its due date, and the county was not unjust in assessing a penalty for a late payment.
The penalty money is property of the Rock County Auditor-Treasurer’s office.