Developers sign on to state wind ethics code

VOLUNTARY RULES: Attorney general aims to prevent corruption

All of the local wind developers signed on to the state attorney general's Wind Industry Ethics Code on Wednesday.

The developers of four local projects were among 15 companies that signed on.

"New York must be equally committed to clean energy and clean government," Attorney General Andrew M. Cuomo said. "Wind power has enormous environmental and economic potential for New York and it is critical that this industry continues to grow without the suspicion or shadow of public corruption or anything else outside the law."

The code was introduced Oct. 31, when two developers, Noble Environmental Power LLC, Essex, Conn., and First Wind, Newton, Mass., signed the pact after an investigation by the attorney general's office into allegations that they were bribing local officials to push through wind projects.

"The code is prospective," Mr. Cuomo said during a press conference in Albany. "It defines the rules going forward. Investigations with past actions continue."

The voluntary code calls on developers to disclose financial relationships with town officials or their relatives, release written property agreements and establish ethics training for employees. Under the code, developers are not allowed to hire local officials, give gifts worth more than $10 in one year or pay for an official's or municipality's legal fees related to a law enforcement investigation.

Violation of the code could lead to civil penalties of $50,000 for the first violation and $100,000 for subsequent violations.

All of the local developers signed on, including:

■ Acciona Wind Energy USA LLC, developer of St. Lawrence Wind Farm in Cape Vincent.

■ BP Wind Energy North America Inc., developer of Cape Vincent Wind Farm.

■ Iberdrola Renewables Inc., part-owner of Maple Ridge Wind Farm and developer of Horse Creek Wind Farm in Clayton and Stone Church Wind Farm in Hammond.

■ Horizon Wind Energy, part-owner of Maple Ridge Wind Farm.

■ Galloo Island Wind Farm developers Pattern Energy Group Holdings and Upstate NY Power Corp.

"We feel this is a positive step for the industry," said BP project manager James H. Madden. "We have some work ahead of us for documenting what is required, but we think this is going to help our project move forward."

The other local developers also praised the code and expressed readiness to comply with public notification.

"We applaud the state of New York's support of the renewable energy industry and today's announcement of formal efforts to ensure transparency and accountability across the board," Acciona project manager Peter E. Zedick said in an e-mail.

Beth O'Brien, spokeswoman for Pattern Energy, said, "Hopefully, it will give some comfort to local communities and help New York reach its renewable energy goals."

Other signatories included Ecogen Wind LLC, E.on Climate and Renewables North America Inc., Everpower Wind Holdings Inc., Invenergy Wind Development LLC, Northwind & Power LLC, Penn Energy Trust LLC, Sustainable Energy Trust Inc., and Shell WindEnergyInc. Later Wednesday, after facing a subpoena from the attorney general's office, Reunion Power also signed.

The Alliance for Clean Energy New York, a renewable energy proponent, worked on behalf of its member wind developers in the discussions on the code with the attorney general's office. It said the developers and their subsidiaries comprise more than 90 percent of constructed and proposed wind power projects.

Executive Director Carol E. Murphy said in a press release, "This set of guidelines incorporates best industry practices and sets a new standard of transparency and public integrity that goes far beyond existing state law and what other industries must comply with."

The code signed Wednesday had slight changes from the first version. The word "knowingly" was added to sections telling developers not to give gifts, honorariums or compensation to municipal officers or their relatives.

Financial interests in the development by municipal officers or family members must be disclosed before a first application is made to a town, either for a wind measurement tower or a project.

And developers are given 60 days to hold a seminar on conflicts of interest with employees. The members of the attorney general's wind energy task force are clearly defined, including representatives of the wind industry.

"We've been working closely with other responsible wind developers," said Paul N. Copleman, communications manager for Iberdrola. "It is fair to the wind industry and to the communities."