Wind developer under investigation

Albany, N.Y.

The developer of two local wind farms is under investigation by state Attorney General Andrew Cuomo for alleged improper dealings with public officials and anti-competitive practices.

First Wind, formerly known as UPC, was served with subpoenas by the AG’s office Tuesday, according to a press release from Cuomo’s staff.

Based in Massachusetts, First Wind has projects in the towns of Prattsburgh and Cohocton, as well as Chautauqua, Genesee and Wyoming counties and an off-shore wind farm in Erie County.

Also included in the investigation is a second developer, Noble Environmental Power, which has projects in Allegany, Chautauqua, Clinton, Franklin and Wyoming counties.
“The use of wind power, like all renewable energy sources, should be encouraged to help clean our air and end our reliance on fossil fuels,” Cuomo said in a statement. “However, public integrity remains a top priority of my office and if dirty tricks are used to facilitate even clean-energy projects, my office will put a stop to it.”

First Wind officials said they had received the subpoenas from Cuomo and will fully cooperate with his office.

The investigation will not slow the projects now under way, according to spokesman John Lamontagne.

“First Wind intends to continue our operations and activities as we normally would,” Lamontagne said.

The news of the subpoenas was greeted with delight by the projects’ opponents in Prattsburgh and Cohocton.

“We’re extremely happy the attorney general is finally looking into the corruption repeated throughout the state and throughout the county,” said Judith Hall, of Cohocton. “We’ve been working toward this for some time.”

Hall’s husband and Cohocton Wind Watch founder James Hall deferred comment until a later date.

In Prattsburgh, where the first wind farm in Steuben County was proposed nearly six years ago, one project opponent said the investigation means the truth about the industry will become public.

“For five years I have been asking, wanting to know whether the commercial wind power projects, as proposed, are truly effective,” said Ruthe Matilsky. “There has been flagrant conflict of interest in Prattsburgh and because of the conflict of interest the realities of the project have been ignored.”

“Oh, this is just the beginning,” Matilsky added. Wind farm projects have been the subject of controversy since they were first proposed in early 2003, and have bitterly divided towns.

Supporters say the wind farms provide essential, renewable energy and allow small towns to raise much-needed revenues without increasing property taxes.

But opponents charge the projects are overrated as energy sources and claim the projects harm the local environment and community.

There has been litigation in every town that has encouraged a project, with a number of lawsuits and appeals already under way in Prattsburgh, Cohocton and Howard.

The wind farm in Howard is being developed by another company, EverPower.
The state investigation appears to dovetail with some existing local legal action, notably in the area of conflict of interest.

Officials in both Prattsburgh and Howard have been cited in lawsuits for using their influence or acting inappropriately in favor of the wind projects.

The subpoenas served on First Wind seek, among other things:
• All documents concerning any benefits conferred on any individual or entity in connection with wind farm activity.
• All agreements, easements or contracts with individuals regarding placement of wind turbines.
• Agreements between wind companies that may indicate anti-competitive practices.
• All documents pertaining to any payments or benefits received from local, state or federal agencies.